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Home My WebLink About20212549.tiffRESOLUTION RE: APPROVE CONTRACT FOR PROMOTING SAFE AND STABLE FAMILIES (PSSF) GRANT AND AUTHORIZE CHAIR 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 Contract for the Promoting Safe and Stable Families (PSSF) Grant 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, Office of Early Childhood, commencing upon full execution of signatures, and ending September 30, 2022, 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 Contract for the Promoting Safe and Stable Families (PSSF) Grant 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, Office of Early Childhood, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 25th day of August, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO detAtio ATTEST: j ,,eo,ok, EXCUSED Steve ! oreno, Chair Weld County Clerk to the Board BY: Gvt: APP N Deputy Clerk to the Boar County Attorney Date of signature: Off/3 ( /2 Lori Seine Sc''' ' - es, Pro -T Perry L. B k cc; E4SD,AcTC8c/cD) 09/23/21 2021-2549 HR0093 PRIVILEGED AND CONFIDENTIAL Cr ac h D51a2 MEMORANDUM DATE: August 17, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Contract with the Colorado Department of Human Services for the Promoting Safe and Stable Families (PSSF) 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 Department's Contract with the Colorado Department of Human Services for the Promoting Safe and Stable Families (PSSF) Program. The Department has received the benefits of the Promoting Safe and Stable Families (PSSF) grant funds for approximately 25 years either as a direct recipient or as a partner with Catholic Charities. The Department has been awarded program funding once again and will partner with Catholic Charities and Kids at Heart as subcontractors to deliver the following PSSF Service Priorities: Intensive Family Case Management, Respite Care, Parent Peer Mentoring Programs, and Post Adoption/Post Permanency. The Department was awarded the full amount of funding that was requested in the bid proposal: $178,033.00. As part of this funding award, the Department, Catholic Charities and Kids at Heart will each be expected to meet the 30% match requirement for their organizations. The total program funding amount including the 30% match is: $254,333.00. The Department's funding match requirement is: $41,735.00. Budget Breakdown Weld County DRS Catholic Charities Kids at Heart Total Award amount from CDHS $ 97,381.00 $ 49,141.00 $ 31,511.00 $ 178,033.00 30•/. Match $ 41,735.00 $ 21,060.00 $ 13,505.00 ,$ 76,300.00 Total Budget $139,116.00 $ 70,201.00 $ 45,016.00 $ 254,333.00 The initial term of this contract is October 1, 2021 through September 30, 2022. The contract may be renewed for four (4) additional one-year periods at the sole discretion of the State. Legal (G. Kalousek) has reviewed and approved the Contract. Pass -Around Memorandum; August 17, 2021— ID 5192 Pa OP I 2021-2549 PRIVILEGED AND CONFIDENTIAL 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 Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; August 17, 2021 — ID 5192 Page 2 1COLORADO Financial Services a Department co, Human Semots Dratsfon or Contracts and Procurenfoot STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT SIGNATURE AND COVER PAGES 22 IHIA 170690 eClearance: 2110957 State Agency Colorado Department of Human Services Office of Early Childhood Division of Community and Family Support Contractor Weld County Department of Human Services Contractor's State of Incorporation: Colorado Contract Maximum Amount Initial Term Federal Fiscal Year 2022 $178,033 Extension Terms N/A Maximum Amount for All Fiscal Years $178,033 Contract Performance Beginning Date The later of the Effective Date or October 1, 2021 Initial Contract Expiration Date September 30, 2022 Except as stated in §2.D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 Year§ from its Performance Beginning Date. Pricing/Funding Price Structure: Cost Reimbursement Contractor shall invoice: Monthly Fund Source: MaryLee Allen Promoting Safe and Stable Families Program, CFDA 93.556 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 Insurance Contractor shall maintain the following insurance if indicated with "Yes," as further described in §10: Worker's Compensation: Yes General Liability: Yes Automobile Liability: Yes Protected Information: Yes Professional Liability Insurance: No Cyber/Net. Security -Privacy Liability Insurance: Yes Crime Insurance: No Miscellaneous Authority to enter into this Contract exists in: 26-1-111 C.R.S. Law -Specified Vendor Statute (if any): N/A Procurement Method: Request for Proposals (RFP) Solicitation Number (if any): RFP IHIA 2021000263 State Representative Jill Jordan, Promoting Safe and Stable Families Program Manager Colorado Department of Human Services Office of Early Childhood Division of Community and Family Support 1575 Sherman Street, 1st Floor Denver, CO 80203 Phone: 720.456.2542 Email: jill.jordan2@state.co.us Contractor Representative Julie Witkowski, Family Resource Division Head Weld County Department of Human Services 315 North 11th Avenue Building A Greeley, CO 80632 Phone: 970.400.6777 Email: witkowjx@weldgov.com Contract Wizard Version 4.07 Page 1 of 30 Revised April 2021 O21 X519 CMS: 170690 Exhibits The following Exhibits are attached and incorporated into this Contract: Exhibit A - Statement of Work Exhbiit B - Budget Exhibit C - HIPAA Business Associate Agreement Exhibit D - Additional Provisions Exhibit E - Supplemental Provisions for Federal Awards Contract Purpose Contractor shall provide resources for implementation of the Promoting Safe and Stable Families (PSSF) program. The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community -based family support services, family preservation services, time -limited family reunification services, and adoption promotion and support services to accomplish the following objectives: • To prevent child victimization among families at risk through the provision of supportive family services. • To assure children's safety within the home and preserve intact families in which children have been maltreated, when the family's problems can be addressed effectively. • To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997. • To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children. Signature Page begins on next page -* Contract Wizard Version 4.07 Page 2 of 30 Revised April 2021 DocuSign Envelope ID: FADD1B7F-7713-4304-BC1D-69ED800814A5 CMS: 170690 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 Ic�I_�--DoeuSlgned by: I Si t, kort,lnb STATE OF COLORADO Jared S. Polis, Governor Department of Human Services Michelle Barnes, Executive Director ocuSigned by: EDI iSa bisfq,ia B teve Moreno, Chair of the Board of Commissioners 9/20/2021 Date: IAg1FBC ,y: By:isa �astiglia, Director/Chief Financial Officer, Division of Operations, Office of Early Childhood 9/20/2021 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., By: 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 ,-DocuSigned by: / l Ofvl: WilliarN70ri p�,p,3❑�g�ggqqg `7O7- aEt'.uI'I(:Il t Janet Miks/Toni Williamson 9/20/2021 Effective Date: -- Signature and Cover Pages End -- Contract Wizard Version 4.07 Page 3 of 30 Revised April 2021 7425 CMS: 170690 TABLE OF CONTENTS (Approximate page numbers) SIGNATURE AND COVER PAGES 1 1. PARTIES 4 2. TERM AND EFFECTIVE DATE 4 3. DEFINITIONS 6 4. STATEMENT OF WORK 8 5. PAYMENTS TO CONTRACTOR 9 6. REPORTING - NOTIFICATION 10 7. CONTRACTOR RECORDS 11 8. CONFIDENTIAL INFORMATION -STATE RECORDS 12 9. CONFLICTS OF INTEREST 13 10. INSURANCE 14 11. BREACH OF CONTRACT 16 12. REMEDIES 17 13. STATE'S RIGHT OF REMOVAL 18 14. DISPUTE RESOLUTION 19 15. NOTICES AND REPRESENTATIVES 20 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 20 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM 21 18. GENERAL PROVISIONS 22 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 25 20. DEPARTMENT OF HUMAN SERVICES PROVISIONS 28 21. SAMPLE OPTION LETTER (IF APPLICABLE) 30 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 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. Contract Wizard Version 4.07 Page 4 of 30 Revised April 2021 CMS: 170690 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 ilterest 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 by Contractor, which shall be governed by §12.A.i. 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 Contract Wizard Version 4.Q7 Page 5 of 30 Revised April 2021 CMS: 170690 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 other than Saturday, Sunday, or a Legal Holiday as listed in §24-11-101(1) C.R.S. C. "Chief Procurement Officer" means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202(6), C.R.S. to procure or supervise the procurement of all supplies and services needed by the state. D. "CM" 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. "End of Term Extension" means the time period defined in §2.D. Contract Wizard Version 4.07 Page 6 of 30 Revised April 2021 CMS: 170690 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. "Exhibits" means the exhibits and attachments included with this Contract as shown on the Signature and Cover Pages for this Contract.. K. "Extension Term" means the time period defined in §2.C. L. "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. M. "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 Information 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. N. "Initial Term" means the time period defined in §2.B. O. "Party" means the State or Contractor, and "Parties" means both the State and Contractor. P. "PCI" means payment card information including any data related to credit card holders' names, credit card numbers, or the other credit card information as may be protected by state or federal law. "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 C.R.S. 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. Q. Contract Wizard Version 4.07 Page 7 of 30 Revised April 2021 CMS: 170690 S. "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. T. "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. U. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. V. "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. W. "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. X. "Subcontractor" means third -parties, if any, engaged by Contractor to aid in performance of the Work. Y. "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. Z. "Work" means the Goods delivered and Services performed pursuant to this Contract. AA. "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. 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. Contract Wizard Version 4.07 Page 8 of 30 Revised April 2021 CMS: 170690 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. 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 Contract Wizard Version 4.07 Page 9 of 30 Revised April 2021 CMS: 170690 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 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 3 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 5 Business Days following the end of each calendar quarter. Contract Wizard Version 4.07 Page 10 of 30 Revised April 2021 CMS: 170690 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 as provided in §15. 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 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 this 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 3 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 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 2 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, 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. Contract Wizard Version 4.07 Page 11 of 30 Revised April 2021 CMS: 170690 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 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, (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, and (v) the federal 42 Part2 for all substance use disorder information and the HIPAA Business Associate\Qualified Service Organization 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. C. Use, Security, and Retention Contract Wizard Version 4.07 Page 12 of 30 Revised April 2021 CMS: 170690 Contractor shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. 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 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, it 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 none of Contractor or any of its agents, employees, assigns or Subcontractors are 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, 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. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Contract Wizard Version 4.07 Page 13 of 30 Revised April 2021 CMS: 170690 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 this 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. D. Contractor shall maintain a written conflict of interest policy. Contractor shall provide the written conflict of interest policy to the State upon request. 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 1 fire. C. Automobile Liability Contract Wizard Version 4.07 Page 14 of 30 Revised April 2021 CMS: 170690 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 loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected 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. 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. Contract Wizard Version 4.07 Page 15 of 30 Revised April 2021 CMS: 170690 I. Primacy of Coverage Coverage required of Contractor and each Subcontractor shall be primary 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 7 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 maintain 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 7 Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within 7 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 7 Business Days following Contractor's execution of the subcontract. No later than 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 7 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 Contract Wizard Version 4.07 Page 16 of 30 Revised April 2021 CMS: 170690 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 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 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 Contract Wizard Version 4.07 Page 17 of 30 Revised April 2021 CMS: 170690 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. 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 §13, shall have all remedies available at law and equity. 13. STATE'S RIGHT OF REMOVAL Contract Wizard Version 4.07 Page 18 of 30 Revised April 2021 CMS: 170690 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 Contract Wizard Version 4.07 Page 19 of 30 Revised April 2021 CMS: 170690 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 §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109 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 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 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. 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. i. Copyrights Contract Wizard Version 4.07 Page 20 of 30 Revised April 2021 CMS: 170690 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. 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. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Contract, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be 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 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 Contract Wizard Version 4.07 Page 21 of 30 Revised April 2021 CMS: 170690 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. 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. Contract Wizard Version 4.07 Page 22 of 30 Revised April 2021 CMS: 170690 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. 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. Colorado Special Provisions in §19 of the main body of this Contract. ii. HIPAA Business Associate Agreement (if any). iii. Information Technology Provisions Exhibit (if any). iv. The provisions of the other sections of the main body of this Contract. v. 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 Contract Wizard Version 4.07 Page 23 of 30 Revised April 2021 CMS: 170690 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. (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. Contract Wizard Version 4.07 Page 24 of 30 Revised April 2021 CMS: 170690 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. 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 Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. 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), 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. Contract Wizard Version 4.07 Page 25 of 30 Revised April 2021 CMS: 170690 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 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 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. Contract Wizard Version 4.07 Page 26 of 30 Revised April 2021 CMS: 170690 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. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. Contract Wizard Version 4.07 Page 27 of 30 Revised April 2021 CMS: 170690 [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E -Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E -Verify Program or the program procedures of the Colorado Department of Labor and Employment ("Department Program") to undertake pre -employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and CDHS within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to CDHS a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., CDHS may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 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 Contract Wizard Version 4.07 Page 28 of 30 Revised April 2021 CMS: 170690 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 race, color, national origin, age, sex, religion or handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions. 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 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: i. 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. Contract Wizard Version 4.07 Page 29 of 30 Revised April 2021 CMS: 170690 REST OF PAGE INTENTIONALLY LEFT BLANK 21. 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 Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc... Original Contract Number Insert CMS number or Other Contract Number of the Original Contract Current Contract Maximum Amount Initial Term State Fiscal Year 20xx $0.00 Extension Terms State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 Option Contract Number Insert CMS number or Other Contract Number of this Option Contract Performance Beginning Date Month Day, Year Current Contract Expiration Date Month Day, Year 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 1E: 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 Contract Wizard Version 4.07 Page 30 of 30 Revised April 2021 Exhibit A STATEMENT OF WORK (SOW) PROMOTING SAFE AND STABLE FAMILIES (PSSF) WELD COUNTY DEPARTMENT OF HUMAN SERVICES 315 NORTH 11TH AVE PO Box A GREELEY, CO 80631 SUB -CONTRACTOR: CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER WELD COUNTY REGION 1442 NORTH 11TH AVENUE GREELEY, CO 80631 OCTOBER 1, 2021 - SEPTEMBER 30, 2022 Page 1 of 22 Exhibit A INTRODUCTION/BACKGROUND The Promoting Safe and Stable Families (PSSF) program resides in the Family Strengthening Unit of the Division of Community and Family Support (DCFS) within the Office of Early Childhood (OEC). The OEC provides collaborative leadership to align resources for children, families, and early childhood professionals to best prepare Coloradoans for future success through access to coordinated and quality early childhood programs and family supports. The OEC operates under this mission: "We believe all children are valued, healthy and thriving when investment occurs in their early years and they receive access to opportunities where they can learn and grow. We insist on the highest quality early childhood experiences with a firm commitment to family and community." The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community -based family support services, family preservation services, time -limited family reunification services, and adoption promotion and support services to accomplish the following objectives: • To prevent child victimization among families at risk through the provision of supportive family services. • To assure children's safety within the home and preserve intact families in which children have been maltreated, when the family's problems can be addressed effectively. • To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997. • To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children. The Child and Family Services Improvement and Innovation Act P.L. 112-34 amended the Part B Title IV to include mentoring programs. Federal guidance [CFDA 93.556] sets a minimum of 20 percent of program PSSF funds be spent on Family Support, 20 percent on Family Preservation, 20 percent on Time -Limited Family Reunification, and 20 percent on Adoption Promotion & Support unless a waiver is granted by the Federal Administration for Children and Families (ACF). SCOPE OF WORK (INTENSIVE CASE MANAGEMENT) Intensive Case Management Services shall be provided by the Weld County Department of Human Services (WCDHS) to residents of Weld County and by Catholic Charities to residents of Guadalupe Community Center Shelter and residents of the Permanent Supportive Housing Project. The Catholic Charities Case Manager shall consult and coordinate provision of services with the WCDHS when a Guadalupe resident is also receiving services through the WCDHS. The Weld County Department of Human Services (WCDHS) and Catholic Charities share the goals of maintaining the unity of families, advocating for services for families while keeping children safe, and fostering stability in children's living arrangements. Through a blend of preventive services and crisis intervention management, all services are intended to stabilize families to ensure the well-being of their children by preventing future abuse/neglect and building safe, healthy, and nurturing environments for children. The WCDHS and Catholic Charities shall provide comprehensive voluntary case management and advocacy services for families who self -refer or who are referred by community partners, such as schools, juvenile justice entities, therapists and other family serving organizations, as well as families reported to child protective services but screened out and/or closed after initial assessment/ These services shall increase enrolled families' protective capacities by promoting Page 2 of 22 Exhibit A individual, family, and community strengths; and shall address the link between poverty and child maltreatment by connecting enrolled families to vital economic and other support services. Assessments of parents' goals and their need for skill development along with assessing psychosocial and economic challenges shall help families determine their needed and requested services. Wraparound services and community mental and physical health services shall be used along with case management support to address challenges faced by parents so that they can provide a safe, nurturing, and stable home for their children. Children may be referred for assessments to identify and address the child's psycho -social, physical, and educational needs. By partnering with families in the early stages of child maltreatment risk, a broader and richer child abuse prevention service continuum exists in Weld County. The core of this project shall be to strengthen and stabilize families to prevent risk of harm to children when they are homeless and reduce the need for out -of - home placements. Families shall be provided Intensive Case Management Services upon entering the Guadalupe Community Center Shelter as a resident in our goal orientated Extended Stay Program and throughout their shelter stay. Families reside at the Guadalupe Center four to five months with a goal to transition back to the community with housing and economic stability. A safe and stable home is critical to a family's wellbeing and the emotion and physical development of a child. The families who are tenants of the Permanent Supportive Housing Apartments were homeless prior to obtaining housing through Catholic Charities Guadalupe Campus. Homeless families often experience domestic violence, and children may experience sexual abuse, lack of stability and predictability and various forms of trauma including abrupt separations for their parents, placements with strangers and lack of school stability. Homeless families and their children are at risk of increased stress and household instability and can benefit from Intensive Case Management Services to increase stability to their lives and address their children's needs resulting from a lack of a stable home, relationships, and nurturance. Some of these families shall be dealing with serious and long-term physical disabilities, physical challenges, mental health and substance abuse disorders, and developmental issues. The Guadalupe Shelter provides Weld County's only overflow and emergency shelter for homeless families when other shelters are full. Families receive emergency triage service, safe shelter, meals and attention to immediate needs of the children. Transition support and planning are provided until a safe housing or shelter plan can be finalized. During this time, short term intensive case management can be critical to keep children safe, minimize the danger of abuse and support the parents through this crisis. The WCDHS, in partnership with Catholic Charities, shall provide intensive coordination of community -based supports (case management, social capital opportunities and flex funding) based on family identified goals. Through case management utilizing the PSSF Intensive Case Management model (PSSF ICM), caregivers shall demonstrate increased skills in the protective factors and confidence so they can better address stressors, self -advocate, become self-sufficient, and increase their knowledge of how to access benefits and resources. Families shall be provided resources and training to further develop their skills. Families shall work with a Community Case Manager or Catholic Charities Case Manager for up to six (6) months. There shall be a short assessment period in which a service plan and goals shall be developed for families utilizing the PSSF ICM model. Families shall be provided community and Human Services resources and shall be offered Family Team Meetings (FTM) to further assist in the development of a service plan. They shall complete a pre -assessment within the first two (2) weeks of contact and shall complete a post -assessment to evaluate their successes with the Colorado Family Support Assessment (CFSA) 2.0. PERIOD OF PERFORMANCE October 1, 2021 through September 30, 2022 Page 3 of 22 Exhibit A WORK PLAN Work Plan OUTCOMES, BENCHMARKS, AND MILESTONES Outcome statementen shall demonstrate increased h'fe=skulls andfrom confidence so they can better address stressors, eIf-advocate, become self - sufficient, and increase their knowledge of how to access benefits and resources. The Weld County Department of Human Services (WCDHS) shall provide 40 families with intensive case management utilizing the PSSF ICM. Catholic Charities shall provide PSSF ICM to another 15 families on their Guadalupe campus. Case Managers both organizations shall work with families to complete a pre- and post -assessment using the Colorado Family Support Assessment (CFSA) 2.0 which incorporates the Protective Factors Survey. WCDHS shall see a reduced number of families entering the Child Welfare system when they work with a Community or Catholic Charities Case Manager. This partnership shall allow collaboration in providing community based supportive services to families who are in crisis or at risk of involvement in the child welfare system. Through the PSSF ICM, these families shall gain skills and knowledge to improve their overall well-being and household stability. Key Activity A: Intensive Case Management Tasks Time Period Deliverable Measurement Person(s) Responsible Budget Category Completion of Intake with family To be completed within 5 working days of referral assignment Case Managers shall meet with caregivers face to face to complete the Prevention Services intake form. Intakes may be conducted at the client's home, in the community or at the WCDHS office. Intake information and completion date shall be documented as required in the Office of Early Childhood (OEC) database Community Case Managers Catholic Charities Case Manager Personnel Services - Family Preservation and Family Support Completion of the CFSA 2.0 tool To be completed within the 2"d face to face contact, within one (1) — three (3) weeks of case opening. Case Managers shall work with the family to evaluate their individual strengths and needs using the CFSA 2.0 as a focal point for services. Family engagement includes goal setting and outlining action steps for families and Case Managers. CFSA 2.0 —Pre- and post-test shall be used to focus the family plan, with families showing an improvement in a minimum of two (2) of the 11 areas of focus. Community Case Managers Catholic Charities Case Manager Personnel Services - Family Preservation and Family Support Family Engagement Meeting Initiated during or following the intake process continued again every 30-90 days. Family Engagement Meetings (FEM) are designed to convene family members and relevant family and professional supports to develop and review the comprehensive support plan for the family. Review progress of activities set for completion of goals and action steps during each meeting. FEMs shall be documented in OEC database in service activity section. Community Case Managers Catholic Charities Case Manager Personnel Services - Family Preservation and Family Support Ongoing Contact Weekly face to face contact for the first three (3) months and continued as needed for the duration of the case Ongoing face to face and other contacts via phone, email or text with the family occur to initiate and monitor services necessary to support family goals. Face to face contacts to occur in person or virtually as requested by the family. Contacts shall be documented in the OEC database in service intensive case management section Community Case Managers Catholic Charities Case Manager Personnel Services - Family Preservation and Family Support Page 4 of 22 Exhibit A Work Plan Tasks Time Peod' - Deltverable Measurement; Persons) Responsible Budget..° Catego Emergency Supports As indicated and documented in family plan Flex funding can be used to address concrete economic needs which support family stability when no other formal and informal resources are available. Flex funding needs are documented in the family plan and are reported through monthly invoicing. Requests are submitted by Case Managers to Weld County Human Services Funds Distribution Group and the Family Resource Director for review and Approval. Community Case Managers, Catholic Charities Case Manager, and Family Resource Director Supplies and Operating Expenses Resource Navigation and Advocacy Ongoing throughout the lifetime of the open case Case Manager to provide resource information and referral to community programming which may meet the goals and objectives of the family as needed to support family stability and well-being. Resource and referral information shall be documented and tracked in the case notes in the OEC database. Community Case Managers Catholic Charities Case Manager Personnel Services - Family Preservation and Family Support Transition stage Completed prior to or at case closure (typically 3-6 months). Case Manager shall work with the family to initiate their transition plan. Case Managers shall complete the transition stage with the families served. 45% of families shall complete all aspects of their agreed upon goals set through Intensive Case Management Community Case Managers Catholic Charities Case Manager Personnel Services - Family Preservation and Family Support SCOPE OF WORK (KINSHIP, ADOPTION AND FOSTER CARE PARENT EDUCATION AND SUPPORT GROUPS) Parent Caf� Support Groups: Through individual self -reflection and peer to peer learning, participants explore their strengths, learn about the Protective Factors, and create strategies from their own wisdom and experiences. The goals are to strengthen families, protect children from abuse and neglect, and preserve permanency for families by enhancing caregivers' ability to meet the emotional, developmental, and educational needs of their children. Parent Caf�s are skill - based and informational but shall also help caregivers reduce social isolation and develop new support systems and social connections. Children's Groups: The goal is to offer a safe and supportive environment where children have the opportunity to learn new ways to cope with conflicts and stress in their lives including the challenges which may arise from being separated from birth parents and in the care of foster, kinship or adoptive parents. Fun activities, educational games and play shall enhance group participation. The children's groups take place concurrent to Parent Caf�'s. Parent Caf�s shall be facilitated by staff from Catholic Charities and the WCDHS. Community experts shall be brought in to present to the group on evidenced based parenting education, the impacts of trauma, and tools and techniques for parenting children who have experienced trauma. The goal is to equip caregivers with tools to manage children's behaviors, understand child development, and improve caregiver/child relationships. Page 5 of 22 Exhibit A WORK PLAN Work Plan OUTCOMES, BENCHMARKS, AND MILESTONES Outcome statement: The Parent Cafe Support Groups shall strive to enrich parenting skills, encourage relationship building and connection with other kinship, adoptive and foster caregivers and Oren the caregiver/child relationships with the goal of establishing permanency and avoiding further out -of -home placement Parent Caf� pre and post-tests shall measure the changes in each caregiver's expectations and the program shall use tools and techniques techniques to help child behavior and regulation and enhance the parent/child relationship. Key Activity A: Kinship, Adoption and Foster Care Parent Education and Support Groups Tasks Time Period Deliverable Measurement Person(s) Responsible Budget Category Plan and conduct monthly Parent Caf� support groups for families Monthly Catholic Charities and the WCDHS shall plan the focus of each group utilizing the Parent Caf� model and the Protective Factors. A minimum of 30 families shall be served through these groups throughout the grant cycle. 50% shall have demonstrated new parenting skills, self -reported improved communication and connectedness with other Parent Caf� families. Families shall be able to identify at least two (2) community resources that can further assist in times of need. Family Resource Supervisor Catholic Charities Case Manager and Director of Case Management Adoption Promotion and Support (APS), Personnel Services - Family Preservation and Family Support Plan and conduct monthly Children's Groups to coincide with Parent Cafes. Monthly Using the Nurturing Parenting curriculum as a guide, develop children's group activities designed to strengthen communication, social and coping skills for children in kinship, foster and adoptive homcs. A minimum of 30 children shall participate in children's groups throughout the grant cycle. Family Resource Supervisor Catholic Charities Case Manager and Director of Case Management APS, Personnel Services - Family Preservation and Family Support Page 6 of 22 Exhibit A Work Plan Key Activity B: REPORTING AND PERFORMANCE MONITORING Tasks Time Period Deliverable Measurement Person(s) Responsible Budget Category PSSF sites shall comply with Colorado Department of Human (CDHS) data collection methodology system. Data reports shall show tasks/activities completed to align with designated outcomes and measures of services provided. 10/01/21- 09/30/2022 Data on all PSSF services/activities shall be entered into OEC data -system. • Completion of PSSF intake form in Salesforce or entering other intake tool completion date in designated fields. • PSSF program staff shall set goals with families engaged in PSSF services, goals are identified on goal setting sheet or designated goal fields, including status of goals. • CFSA 2.0 assessments completed with families participating in services. Required for intensive case management services; or family preservation/support category families without an open Child Welfare involvement or receiving more than six (6) total hours of PSSF services required. • Protective Factors Survey • PSSF services — each family with an open PSSF case should be receiving at least one (1) service. Services should include activities related to the service, individual(s) participating in the service, and service area identified. • An assessment for each service should be documented with pre/post-dates and name of assessment in designated fields. • Flex funds — Only if included in the approved budget, can be provided only to families that have an open PSSF service. Flex funds are only provided to support the family goals. Required data shall be entered into OEC data -system within five (5) working days of completing a task or activity (i.e. intake, goal setting, PSSF services, case management notes, referral for services, flex funding, instrumentation tools including CFSA 2.0 or assessment tools are identified and dates of pre/post and included). Weld County Department of Human Services Personnel Services Invoices/ Expenditure reports Required monthly or when requested. 10/01/21-9/30/22 Invoices/Expenditure reports must be submitted on a monthly basis to CDHS on the PSSF Invoice Template provided by the Office of Early Childhood to the invoice email: cdhs oec invoicing@state.co.us Contractor shall submit all invoices/expenditure reports by the 20th day of each month. Final billing for each fiscal year must be submitted by October 3rd. Weld County Department of Human Services Personnel Services Page 7 of 22 Exhibit A Work Plan Tasks ` ' 4 ' Time Period4; Deliverable easurement 1 Pen.(s) Responsible Budget Category Submit programmatic reports to CDHS. Report templates shall be provided or created in Salesforce. When requested. 10/01/21-9/30/22 Reports shall be submitted according to CDHS timeframes and include all requested information. Reporting templates shall be provided by the PSSF Program Manager Reports shall be submitted to CDHS twice per year during the federal fiscal year. The first report is due on the last business day of April each year. The final report is due on the last business day of October each year. Weld County Department of Human Services Personnel Services PSSF Programs shall run reports and monitor outcomes using OEC data -system Quarterly or when requested 10/01/21-9/30/22 Reports shall be reviewed in the CDHS data -system to ensure performance targets are being met. Reports shall be submitted to CDHS on quarterly basis or as needed by the program. Report templates shall be created by State Program Administrator, and accessible by Supervisor in each site. Personnel Services Key Activity C: Program Evaluation Tasks Time Period Deliverable Measurement, Person(s) Responsible Budget Category Travel PSSF program staff shall complete program trainings as recommended or required by CDHS. PSSF site shall send at least one (1) person per site to the biennial Strengthening Families Conference and the biennial PSSF program grantee meeting. 10/01/2021- 09/30/2022 PSSF program staff shall complete trainings necessary/pertinent for program delivery. Participation in conference and grantee meeting. Staff attendance or documented information regarding completion for recommended or pertinent trainings, which may include but is not limited to Motivational Interviewing, CFSA 2.0, Strengthening Families, Financial Health, mandated reporter, CDHS data system training for users, and other required certification trainings related to services being provided by the PSSF site to meet model fidelity. (i.e. if providing Nurturing Parenting, you must have a certified trainer) PS SF Program Staff CONFIDENTIALITY PSSF Provider Agencies and its employees shall not access the OEC data system for any purpose other than in the performance of providing PSSF services as outlined by this contract or subcontract. The PSSF Provider Agency and its employees agree to only access those areas of the OEC data system necessary to perform contracted functions, to access only information of those children and families referred for services, and to keep confidential all information gained during performance of PSSF services. Page 8 of 22 Exhibit A SCHEDULE/MILESTONES Through the work of intensive case management, the WCDHS and Catholic Charities shall provide supportive case management services to a minimum of 55 Weld County families. Services are voluntary, with a goal of increasing family well-being, reducing crisis and to preserving intact families. Family service plans are designed in partnership with the family to address these goals. 45% of families served by the WCDHS shall successfully complete the goals and objectives created on their initial service plan. Another goal is to reduce the number of families who enter or re-enter the child welfare system. Less than 5% of all families served through all PSSF ICM shall enter or re-enter the child welfare system by the end of the grant cycle. 80% of families receiving PSSF ICM through Catholic Charities shall exit Guadalupe Community Center Shelter with income and sustainable housing. 90% of the families in the Permanent Supportive Housing Project shall remain stable in their housing for a period of at least one (1) year. Pre- and post-tests shall demonstrate that families acquired and use new skills related to child management and the strengthening of their parent/child relationships. 40% of families who participate in Parent Caf�s shall participate for at least six (6) months. Caregivers shall report they have learned and are utilizing at least three (3) new techniques to help children with self -regulation and positive behavior as well as three (3) new methods to improve communication and relationships. ACCEPTANCE CRITERIA The referral process for all PSSF services may be initiated through self -referral, community referrals from schools, juvenile justice entities, therapists and other family serving organizations, as well as from child welfare for families reported to child protective services but screened out and/or closed after initial assessment. Community Case Managers and the Catholic Charities Case Manager shall review and track all referrals. They shall work together to collect and document all required data for program evaluation and tracking. The acceptance of all deliverables shall reside with the OEC through the PSSF Program. The designated program manager shall monitor all deliverables in order to ensure the completeness of each stage of the project and that the scope of work has been met. The OEC program manager shall either sign off on the approval, or reply to the vendor, in writing, advising what tasks must still be accomplished. County PSSF agrees to comply with all data process and tolls to provide the OEC with any and all requested data. The PSSF advocates shall submit written quarterly reports to the PSSF Program Manager that shall include data statistics, client satisfaction forms and any anecdotal information as they collect this. County encourages any site visits to occur and shall comply with any visits that are requested. Page 9 of 22 Exhibit A STATEMENT OF WORK (SOW) PROMOTING SAFE AND STABLE FAMILIES (PSSF) WELD COUNTY DEPARTMENT OF HUMAN SERVICES 315 NORTH 11TH AVE PO Box A GREELEY, CO 80631 SUB -CONTRACTOR: CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER WELD COUNTY REGION 1442 NORTH 11TH AVENUE GREELEY, COLORADO 80631 OCTOBER 1, 2021- SEPTEMBER 30, 2022 Page 10 of 22 Exhibit A INTRODUCTION/BACKGROUND The Promoting Safe and Stable Families (PSSF) program resides in the Family Strengthening Unit of the Division of Community and Family Support (DCFS) within the Office of Early Childhood (OEC). The OEC provides collaborative leadership to align resources for children, families, and early childhood professionals to best prepare Coloradoans for future success through access to coordinated and quality early childhood programs and family supports. The OEC operates under this mission: "We believe all children are valued, healthy and thriving when investment occurs in their early years and they receive access to opportunities where they can learn and grow. We insist on the highest quality early childhood experiences with a firm commitment to family and community." The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community -based family support services, family preservation services, time -limited family reunification services, and adoption promotion and support services to accomplish the following objectives: • To prevent child victimization among families at risk through the provision of supportive family services. • To assure children's safety within the home and preserve intact families in which children have been maltreated, when the family's problems can be addressed effectively. • To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997. • To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children. The Child and Family Services Improvement and Innovation Act P.L. 112-34 amended the Part B Title IV to include mentoring programs. Federal guidance [CFDA 93.556] sets a minimum of 20 percent of program PSSF funds be spent on Family Support, 20 percent on Family Preservation, 20 percent on Time -Limited Family Reunification, and 20 percent on Adoption Promotion & Support unless a waiver is granted by the Federal Administration for Children and Families (ACF). The PSSF prevention and support efforts within Weld County shall continue to enhance long-term collaborative programs and services provided by Catholic Charities and the Weld County Department of Human Services (WCDHS) to relative caregivers/kinship parents and their children through case management, group support and training. The COVID-19 Pandemic and resulting service delivery changes to remote communication provided an opportunity to pause and reevaluate what best meets the needs of our kinship families. As a result of this assessment and in response to customer voice, in addition to the ongoing monthly Parent Caf�s and case management services for residents of the shelter, Catholic Charities shall offer a second Kinship Support and Education Circle every other month, Children's Programs, Case Management, and a bi-monthly Kinship Newsletter to information pertinent to the often -unique needs and challenges of kinship families. SCOPE OF WORK (KINSHIP SUPPORT) The PSSF prevention and support efforts within Weld County shall continue to enhance long-term collaborative programs and services provided by Catholic Charities and the Weld County Department of Human Services (WCDHS) to relative caregivers/kinship parents and their children through case management, group support and training. The COVID-19 Pandemic and resulting service delivery changes to remote communication provided an opportunity to pause and reevaluate what best meets the needs of our kinship families. As a result of this assessment and in response to customer voice, in addition to the ongoing monthly Parent Caf�s and case management services for residents of the shelter, Catholic Charities shall offer a Support Circle every other month for families receiving Page 11 of 22 Exhibit A intensive case management and/or families who are participating in Parent Cafes. In addition, Catholic Charities shall create and distribute a bi-monthly Kinship Newsletter to information pertinent to the often -unique needs and challenges of kinship families. Support Circle: The goal is to provide an opportunity for caregivers to connect with one another on a more informal level and to share supportive parenting strategies with the support of the Catholic Charities case management staff. Catholic Charities staff shall share parenting strategies in response to the topics of group discussion using the Protective Factors as a guide. Caregivers with enhanced skills and understanding of how to manage challenging behaviors shall be less likely to utilize strategies that could be considered abusive or the cause of further harm to the child(ren), risking their stability in the kinship home. This group shall be informative; however, it shall also provide increased opportunity for the caregivers to direct the group in a less structured setting. Caregiver requests shall determine the schedule of topics and there shall be time for sharing a meal and friendship building. Children's Circle: The goal is to offer a safe and supportive environment where children can learn new ways to cope with conflicts and stress in their lives, including challenges which may arise from being separated from birth parents and in the care of grandparents or other relatives. Fun, developmentally appropriate activities, educational games, and play shall also enhance children's experience of participating in the group. These programs shall be offered in addition to Parent Caf� Support Groups. Kindship Newsletter: Shall be created and produced by Catholic Charities with input and information contribution from the WCDHS. The Newsletter shall be sent electronically and via mail every other month to all kinship families involved with Catholic Charities and the Weld County Department of Human Services. The Parent Caf� shall be held monthly, the Kinship Support and Educational Circle shall be held every other month and the newsletter shall also be produced every other month. PERIOD OF PERFORMANCE October 1, 2021 -September 30, 2022. Page 12 of 22 Exhibit A WORK PLAN Work Plan OUTCOMES, BENCHMARKS, AND MILESTONES Plan and facilitate Support Circle Every other month Key Activity A: Kinshp Support A minimum of 15 families who are receiving Intensive Case Management and/or participating in Parent Caf� Support groups shall participate in the supplemental Support Circles throughout the grant cycle. Pre and post Protective Factor surveys shall be used to measure the changes in each parent's expectations and the program shall use Nurturing Parenting tools and techniques to manage child behavior and enhance the parent/child relationship. Social connection events with opportunities to build relationships and as well as learn how to increase protective factors. Protective Factor pre and post test tools. sons portsil Director of Case Management and Case Manager for Catholic Charities. Budget Category APS- Contractor Plan and facilitate Children's Circle Coincides with Support Circle Opportunities to connect with other children. Learn new tools for coping with conflicts, loss, and stress. Developmentally appropriate satisfaction survey for children old enough to provide feedback Director of Case Management and Case Manager for Catholic Charities. APS- Contractor Page 13 of 22 Exhibit A Work Plan Key Activity B: REPORTING AND PERFORMANCE MONITORING Tasks Time Period Deliverable Measurement Person(s) Responsible Budget Category PSSF sites shall comply with Colorado Department of Human (CDHS) data collection methodology system. Data reports shall show tasks/activities completed to align with designated outcomes and measures of services provided. 10/01/21- 09/30/2022 Data on all PSSF services/activities shall be entered into OEC data -system. • Completion of PSSF intake form in Salesforce or entering other intake tool completion date in designated fields. • PSSF program staff shall set goals with families engaged in PSSF services, goals are identified on goal setting sheet or designated goal fields, including status of goals. • CFSA 2.0 assessments completed with families participating in services. Required for intensive case management services; or family preservation/support category families without an open Child Welfare involvement or receiving more than six (6) total hours of PSSF services required. • Protective Factors Survey • PSSF services— each family with an open PSSF case should be receiving at least one (1) service. Services should include activities related to the service, individual(s) participating in the service, and service area identified. • An assessment for each service should be documented with pre/post-dates and name of assessment in designated fields. • Flex funds — Only if included in the approved budget, can be provided only to families that have an open PSSF service. Flex funds are only provided to support the family goals. Required data shall be entered into OEC data -system within five (5) working days of completing a task or activity (i.e. intake, goal setting, PSSF services, case management notes, referral for services, flex funding, instrumentation tools including CFSA 2.0 or assessment tools are identified and dates of pre/post and included). Catholic Charities Case Manager and Director of Case Management Personnel Services Invoices/ Expenditure reports Required monthly or when requested. 10/01/21-9/30/22 Invoices/Expenditure reports must be submitted on a monthly basis to Weld County to submit to CDHS on the PSSF Invoice Template provided by the Office of Early Childhood to the invoice email: cdhs oec invoicing@state.co.us Subcontractor shall submit all invoices/expenditure reports to the WCDHS by the 10th day of each month in order for WCDHS to submit monthly invoice to CDHS. Final billing for each fiscal year must be submitted by October 3rd. Catholic Charities Case Manager and Director of Case Management Personnel Services Page 14 of 22 Exhibit A Work Plan Tasks �.. Time Period �. Deliveratsle 1Vleasurement P,er'son) Responsible Budget Category Submit programmatic reports to CDHS. Report templates shall be provided or created in Salesforce. When requested. 10/01/21-9/30/22 Reports shall be submitted according to CDHS timeframes and include all requested information. Reporting templates shall be provided by the PSSF Program Manager Reports shall be submitted to CDHS twice per year during the federal fiscal year. The first report is due on the last business day of April each year. The final report is due on the last business day of October each year. Catholic Charities Case Manager and Director of Case Management Personnel Services PSSF Programs shall run reports and monitor outcomes using OEC data -system Quarterly or when requested 10/01/21-9/30/22 Reports shall be reviewed in the CDHS data -system to ensure performance targets are being met. Reports shall be submitted to CDHS on quarterly basis or as needed by the program. Report templates shall be created by State Program Administrator, and accessible by Supervisor in each site. Personnel Services Key Activity C: Program Evaluation Tasks Tune Period.m Hellverable Measurement Persons Sponsible . .. Budget . . Category PSSF program staff shall complete program trainings as recommended or required by CDHS. PSSF site shall send at least one (1) person per site to the biennial Strengthening Families Conference and the biennial PSSF program grantee meeting. 10/01/2021- 09/30/2022 PSSF program staff shall complete trainings necessary/pertinent for program delivery. Participation in conference and grantee meeting. Staff attendance or documented information regarding completion for recommended or pertinent trainings, which may include but is not limited to Motivational Interviewing, CFSA 2.0, Strengthening Families, Financial Health, mandated reporter, CDHS data system training for users, and other required certification trainings related to services being provided by the PSSF site to meet model fidelity. (i.e. if providing Nurturing Parenting, you must have a certified trainer) PSSF Program Staff Travel CONFIDENTIALITY PSSF Provider Agencies and its employees shall not access the OEC data system for any purpose other than in the performance of providing PSSF services as outlined by this contract or subcontract. The PSSF Provider Agency and its employees agree to only access those areas of the OEC data system necessary to perform contracted functions, to access only information of those children and families referred for services, and to keep confidential all information gained during performance of PSSF services. Page 15 of 22 Exhibit A SCHEDULE/MILESTONES Seventy-five percent (75%) of families who participate in the Support Circle shall report they have learned and are utilizing at least three (3) new parenting techniques and tools to encourage developmentally and age appropriate behavior as well as three (3) strategies in strengthening the parent/child relationship. ACCEPTANCE CRITERIA The acceptance of all deliverables shall reside with the WCDHS. The designated program manager shall monitor all deliverables in order to ensure the completeness of each stage of the project and that the scope of work has been met. The PSSF Program Coordinator or Manager shall either sign off on the approval, or reply to the vendor, in writing, advising what tasks must still be accomplished. Page 16 of 22 Exhibit A STATEMENT OF WORK (SOW) PROMOTING SAFE AND STABLE FAMILIES (PSSF) WELD COUNTY DEPARTMENT OF HUMAN SERVICES 315 NORTH 11TH AVE PO Box A GREELEY, CO 80631 SUBCONTRACTOR: KIDS AT HEART 6501 BRITTANY STREET FORT COLLINS, CO 80525 OCTOBER 1, 2021- SEPTEMBER 30, 2022 Page 17 of 22 Exhibit A INTRODUCTION/BACKGROUND The Promoting Safe and Stable Families (PSSF) program resides in the Family Strengthening Unit of the Division of Community and Family Support (DCFS) within the Office of Early Childhood (OEC). The OEC provides collaborative leadership to align resources for children, families, and early childhood professionals to best prepare Coloradoans for future success through access to coordinated and quality early childhood programs and family supports. The OEC operates under this mission: "We believe all children are valued, healthy and thriving when investment occurs in their early years and they receive access to opportunities where they can learn and grow. We insist on the highest quality early childhood experiences with a firm commitment to family and community." The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community -based family support services, family preservation services, time -limited family reunification services, and adoption promotion and support services to accomplish the following objectives: • To prevent child victimization among families at risk through the provision of supportive family services. • To assure children's safety within the home and preserve intact families in which children have been maltreated, when the family's problems can be addressed effectively. • To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997. • To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children. The Child and Family Services Improvement and Innovation Act P.L. 112-34 amended the Part B Title IV to include mentoring programs. Federal guidance [CFDA 93.556] sets a minimum of 20 percent of program PSSF funds be spent on Family Support, 20 percent on Family Preservation, 20 percent on Time -Limited Family Reunification, and 20 percent on Adoption Promotion & Support unless a waiver is granted by the Federal Administration for Children and Families (ACF). SCOPE OF WORK (RESPITE) Kids at Heart is a non-profit agency that supports foster, adoptive and kinship families as well as biological children of these families. Kids at Heart mobilizes volunteers who provide direct support for foster and adoptive families who work hard to provide the love, safety and stability children need and deserve. The agency welcomes all people, regardless of race, gender, age, economic status, physical or mental ability, sexual orientation, familial status or faith history. Kids at Heart began in 2001 when the congregation of Heart of the Rockies Christian Church shared in the experiences of a family going through the foster -to - adopt process. The church discovered the unmet needs of the adoption and foster community. Often these families have little social support while they work to heal the trauma children have experienced. This is due to both the restrictions of the foster care system and the difficulty in finding qualified care providers for their children who often have troubled backgrounds. Kids at Heart is not a faith -based organization and there is no discussion of faith in the programs, among staff or any mention when providing new or returning families with services. Kids at Heart offers the following three (3) respite programs to foster, adoptive and kinship families: Fundango, Summer Day Camps and Teen Connect. They are expanding current programming into Weld County as a means to serve more foster, kinship and adoptive families. Page 18 of 22 Exhibit A • Fundango is a respite program for all children of foster, adoptive, and kinship parents in Northern Colorado. Fundango events are currently held in Fort Collins and in Loveland. Respite care enables adoptive, foster and kinship parents to take a safe, rejuvenating break to energize and regroup from the often -challenging task of parenting kids who have experienced abuse, trauma and neglect. Fundango provides eight (8) hours of center -based respite each month for approximately 30 children, it gives families a temporary relief from everyday tasks to help reduce stress, to support family stability, prevent abuse and neglect, and minimize the need for out -of -home placement. Not only does Fundango provide respite, but it also allows kids to play with other children who are in similar situations as their own. • Summer Day Camps (formerly Teen Camps) are one (1) -day activities for adoptive, foster and kinship teens ages 10-18. The events are held at a camp that is off -the grid, pristine playground where children discover both the natural world and their own innate skills and confidences. The event is packed full of adventures and activities that engage the children in skill -building, learning, reflection and growth. This program was developed in response to the COVID-19 pandemic and may be adjusted to a multi -day camp when safe to do so according to County and State guidelines for community spread. • The Teen Connect program is specifically designed to meet the needs of today's foster, kinship and adoptive teens. By meeting twice per month for indoor rock climbing, the Kids at Heart staff facilitate open dialog and assist teens with developing life skills for adulthood. From goal setting and achieving, overcoming obstacles, and supporting peers to cooking skills, problem solving techniques and making friends, this program helps to build self- confidence, awareness and connections among teens with foster, kinship and adoptive backgrounds. Work Plan OUTCOMES, BENCHMARKS, AND MILESTONES Outco a etatem nt: Foster, kin and adoptive parents shall use respite to provide themselves a break to reenergize and to provide their children the opportunity to engage in fun and meaningful activities. Foster, kin and adoptive parents shall complete surveys annually to measure their satisfaction with the respite that they received. Key Activity A: Fundango Tasks Time Period Deliverable '`"; Me ut Perso ( ) Responsible Budget Category.. Families shall voluntarily enroll in our Fundango program, completing our intake process. Ongoing, monthly A minimum of 50 children (unduplicated) shall attend Fundango at least once. Many families who attend one shall likely attend again and all unduplicated and duplicated numbers shall be reported. Family logs shall be generated and submitted after every with each month's report. Executive Director Time -Limited Reunification (LTR), APS, Family Preservation and Family Support Families shall complete an end of year survey. December 2021 All families who attend Fundango in 2022 shall complete our end of year survey. We shall achieve an overall satisfaction score of 95%. Executive Director LTR, APS, Family Preservation and Family Support Page 19 of 22 Exhibit A All school aged children who attend Fundango shall complete an end of year survey. December 2021 All school aged children who attend Fundango in 2021 shall complete our end of year survey. We shall achieve an overall satisfaction score of 95%. Executive Director LTR, APS, Family Preservation and Family Support All new volunteers shall receive a survey after their new volunteer training. Ongoing All new volunteers who complete our volunteer training program shall complete our volunteer training survey. We shall achieve an overall satisfaction score of 95%. Executive Director LTR, APS, Family Preservation and Family Support All participating volunteers shall receive an end of year survey. December 2021 All volunteers who volunteered in 2021 shall complete our end of year survey We shall achieve an overall satisfaction score of 95%. Executive Director LTR, APS, Family Preservation and Family Support Key Activity B: Summer Day Camps Tasks Time Period Deliverable Measurement Person(s) Responsible Budget Category Families shall voluntarily enroll in our Summer Day Camps, completing our intake process. April 2022 A minimum of 20 children (unduplicated) shall attend our three (3) Summer Day Camps. Family logs shall be generated and submitted after we have completed our three (3) Teen Day Trips. Executive Director LTR, APS, Family Preservation and Family Support Families shall complete an end of program survey. August 2021 All families who Summer Day Camp shall complete our end of program survey. We shall achieve an overall satisfaction score of 95%. Executive Director LTR, APS, Family Preservation and Family Support All children who attend Summer Day Camps shall complete an end of program survey. August 2021 All children who attend Summer Day Camp shall complete our end of program survey. We shall achieve an overall satisfaction score of 95%. Executive Director LTR, APS, Family Preservation and Family Support Key Activity C: Teen Connect Tasks Time Period Deliverable Measurement Person(s) Responsible Budget Category Families shall register their teens (ages 13 to 18) for the scheduled Teen Connect events. Oct 2021 to Sept 2022 A minimum of 5 youth per event shall attend. As COVID-19 restrictions change, additional teens shall be supported. Family logs shall be generated after every event and submitted. LTR, APS, Family Preservation and Family Support LTR, APS, Family Preservation and Family Support Page 20 of 22 Exhibit A Work Plan Key Activity D: REPORTING AND PERFORMANCE MONITORING Tasks Thnne Fetiod • Demon ensu�nent, Per (s Raspen sible.. Budget Category PSSF sites shall comply with Colorado Department of Human (CDHS) data collection methodology system. Data reports shall show tasks/activities completed to align with designated outcomes and measures of services provided. 10/01/21- 09/30/2022 Data on all PSSF services/activities shall be entered into OEC data -system. • Entering large event data in OEC data system after each respite or camp event. Required data shall be entered into OEC data -system within five (5) working days of completing a task or activity Weld County Department of Human Services Executive Director Personnel Services Invoices/ Expenditure reports Required monthly or when requested. 10/01/21- 9/30/22 Invoices/Expenditure reports must be submitted on a monthly basis to the WCDHS to submit to CDHS on the PSSF Invoice Template provided by the Office of Early Childhood to the invoice email: cdhs oec invoicing@state.co.us Subcontractor shall submit all invoices/expenditure reports by the 10th day of each month in order for WCDHS to get final monthly invoice submitted by the 20`h of each month. Final billing for each fiscal year must be submitted by October 3rd. Executive Director Personnel Services Submit programmatic reports to CDHS. Report templates shall be provided or created in Salesforce. When requested. 10/01/21- 9/30/22 Reports shall be submitted according to CDHS timeframes and include all requested information. Reporting templates shall be provided by the PSSF Program Manager Reports shall be submitted to CDHS twice per year during the federal fiscal year. The first report is due on the last business day of April each year. The final report is due on the last business day of October each year. Weld County Department of Human Services Executive Director Personnel Services PSSF Programs shall run reports and monitor outcomes using OEC data -system Quarterly or when requested 10/01/21- 9/30/22 Reports shall be reviewed in the CDHS data -system to ensure performance targets are being met. Reports shall be submitted to CDHS on quarterly basis or as needed by the program. Report templates shall be created by State Program Administrator and accessible by Supervisor in each site. Personnel Services Page 21 of 22 Exhibit A CONFIDENTIALITY PSSF Provider Agencies and its employees shall not access the OEC data system for any purpose other than in the performance of providing PSSF services as outlined by this contract or subcontract. The PSSF Provider Agency and its employees agree to only access those areas of the OEC data system necessary to perform contracted functions, to access only information of those children and families referred for services, and to keep confidential all information gained during performance of PSSF services. SCHEDULE/MILESTONES Kids at Heart shall provide 12 Fundango events, October 2021 through September 2022, increasing the number of foster, adoptive and kinship families served in Weld County. Documentation: Enrollment data and satisfaction surveys shall be collected from families who participate. Fundango shall provide a much -needed respite program to Weld County adoptive, foster and kinship families. Documentation: Surveys shall be provided to families to complete when they start and again after they have used Fundango six (6) times. An overall satisfaction score of 95% shall be achieved. Kids at Heart shall provide three (3) Teen Camp events during June, July or August 2022 to increase the number of foster, kinship and adoptive children served in Weld County. Documentation: Enrollment data and satisfaction surveys shall be collected from families who participate. Kids at Heart shall provide monthly Teen Connect events increasing the number of foster, kinship and adoptive children served in Weld County. Documentation: Enrollment data and satisfaction surveys shall be collected from families who participate. An overall satisfaction score of 95% shall be achieved. ACCEPTANCE CRITERIA The acceptance of all deliverables shall reside with the WCDHS. The designated program manager shall monitor all deliverables in order to ensure the completeness of each stage of the project and that the scope of work has been met. The PSSF Program Coordinator or Manager shall either sign off on the approval, or reply to the vendor, in writing, advising what tasks must still be accomplished. Page 22 of 22 Exhibit B trItA COLORADO Office of Early Childhood Department of Human Services Contractor Name Weld County Department of Human Services Budget Period October 1, 2021- September 30, 2022 Project Name Promoting Safe and Stable Families Colorado Department of Human Services Office of Early Childhood BUDGET WITH JUSTIFICATION FORM Program Contact Name and Title Phone Email Julie Witkowski, Family Resource Division Head 970-400-6777 witkowix@weldgov.com Fiscal Contact Name and Title Phone Email Tammy Maurer, Fiscal Manager 970-400-6533 maurertk@weldgov.com Counties/Areas Served: Weld County Expenditure Categories Personnel Services - Salaried Employees FFY 2022 Cost Based on Cost Based on Cost Based on Percent of Time on Percent of Time on Cost Based on Percent of Time on Percent of Time on Total Percent Description of Work and Time -limited Adoption Family Family Support of Time Total Amount Position Title/ Employee Name Fringe benefits include health, dental, life, FICA-OASKI, FICA-Med, Short and Long Term Disability and County Retirement Gross or Annual Salary Fringe Reunification (TLR) Promotion and Support (APS) Preservation for Family Stability for Family Stability on Project Requested from CDHS Community Case Manager Provides outreach, case management and Parent Caf� support group coordination/facilitation for families who may be at risk of entering or who are exiting the child welfare system. $59,275 $20,746 $ - $ $ 20,005 $ 20,005 50% $ 40,010 Community Case Manager Provides outreach, case management and Parent Caf� support group coordination/facilitation for families who may beat risk of entering or who are exiting the child welfare system. $62,883 $13,284 $ - $ - $ 19,042 $ 19,042 50% $ 38,084 Total Personnel Services (including fringe benefits) $ : 5 ; $ ,. ,39, 047. ` 3 $' 78,094, Contractors/Consultants (payments to third parties or entities) FFY 2022 Time -Limited Reunification Adoption Promotion and Family Preservation for Family Support for Family Total Amount Requested from Name Description of Item (LTR) Support (APS) Family Stability Stability CDHS Catholic Charities Staff and supplies for PSSF ICCM, Parent Cafes, Kinship Support and Education Newsletter -See Tab C for additional detail Circle, Kinship $ - $ 12,954 $ $ 36,187 $ 49,141 Kids at Heart Staff and supplies for monthly Fundango respite events for kinship, foster Tab D for additional detail and adoptive families -See $ 7,775 $ 7,775 $ 7,775 $ 7,469 $ 30,794 Total Contractors/Consultants $ 7,775 $ 20.729 $ . . 7,77$ .$ ',. 43,656: , S. - 79,935' Travel FFY 2022 Time -Limited Reunification Adoption Promotion and Family Preservation for Family Support for Family Total Amount Requested from Item Description of Item (LTR) Support (APS) Family Stability Stability CDHS Grantee Meetings and Required Training for PSSF Program Staff -to include registration fee, per -diem rates for food, lodging, $ - $ 1,000 $ 1,000 $ 1,000 $ 3,000 Strengthening Colorado mileage and other expenses related to their participation. Includes one staff from each organization. Families and Communities Conference Tel THa!rel � . � ��„ 7;000 � � � .-`1"000_ �'� �� :'1: 3.400 Page 1 of 2 Exhibit B Supplies & Operating Expenses FFY 2022 Item Description of Item Time -Limited Reunification (LTR) Adoption Promotion and Support (APS) Family Preservation for Family Stability Family Support for Family Stability Total Amount Requested from CDHS Flex Funding Flex funding can be used to address concrete economic needs which support family stability when no other formal and informal resources are available. $ - $ $ 4,000 $ 4,787 $ 8,787 Support Groups Parent Cafe presenters, TBRI facilitator, training materials, location fee, food and snacks, childcare, and children's group activities $ - $ 4,000 $ 2,500 $ 1,717 $ 8,217 Total SapplRea 84, Operating Expenses $ - $ 4,000 $ 6 500 $ 6.504 $ 17,004 TOTAL DIRECT COSTS $ 7,775 $ 25,729 $ 54,322 $ 90,207 $ 178,033 MODIFIED TOTAL DIRECT COSTS (MTDC) Uniform Guidance 5 200.68 - MTDC means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward. MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. REMOVED SUBAWARD IN EXCESS OF $25,000 $ 6,312 $ 17,902 $ 52,859 $ 71,025 $ 148,098 Indirect Costs [not to exceed 10% unless Negotiated Federal Indirect Cost rate or Negotiated State Indirect Cost rate is attached] FFY 2022 Item Description of Item Time -Limited Reunification (LTR) Adoption Promotion and Support (APS) Family Preservation for Family Stability Family Support for Family Stability Total Amount Requested from CDHS No costs shall be reimbursed by CDHS for this category. $ - $ - $ - $ $ - Total Indirect `$ - $ - $ ; - $ $ - TOTAL TIME -LIMITED REUNIFICATION (LTR) $ 7,775 TOTAL ADOPTION PROMOTION AND SUPPORT (APS) $ 25,729 TOTAL FAMILY PRESERVATION FOR FAMILY STABILITY $ 54,322 TOTAL FAMILY SUPPORT FOR FAMILY STABILITY $ 90,207 ii `::. '' :.. . ...,.:,: r„�•. .;:, ` t, ., . ., .. one„�+ky ro,,, xtt, ,. ',r :-.:ta-_ .., k„ �b#a:�t'^. _. G' v � �� , c& w. �k.. ..sw✓�h�,�'.ys„ r t�M1 ,v.. v. �d.� �.arn��a�:� ,,,.. .�....,:..,� ..,.,,, �y� J� er p �,qy �e I + _ 3Fw.4'S'�%4�'.,.. �v' . �aSb��y. �fiA� i� pp Q�W4 ^ ,.,,.:�.'; n r ro ��+� r l� g'� FFY 2022 PERCENTAGE OF BUDGET BY PROJECT Time -Limited Reunification (LTR) Adoption Promotion and Support (APS) Family Preservation for Family Stability Family Support for Family Stability Total Percentage PERCENTAGE OF BUDGET BY PROJECT 4% 14% 31% 51% 100% Match Projection / ReguIred Percentage• of Total Budget Mneluglf%Mitch . , ,'-$, 3,332''`$; ` 11,021 $ . 23,281 $ 38,060 $ 76;300 TOTAL BUDGET (INCLUDING MATCH) $ 11,107 $ 36,756 $ 77,603 $ 128,867 $ 254,333 *Figures are rounded using basic accounting standards. (0.00-0.49 = 0; 0.50-0.99 = 1.0) Page 2 of 2 a COLORADO Financial Services Deoarmu+nt a oirvrun Sena.% Division of Contracts and Procurement HIPAA BUSINESS ASSOCIATE AGREEMENT Exhibit C This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as "Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly requires a distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement. 1. PURPOSE Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and all other applicable laws and regulations, all as may be amended. 2. DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a. Business Associate. "Business Associate" shall have the same meaning as the term "business associate" at 45 C.F.R. 160.103, and shall refer to Contractor. b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45 C.F.R. 160.103, and shall refer to the State. c. Information Technology and Information Security. "Information Technology" and "Information Security" shall have the same meanings as the terms "information technology" and "information security", respectively, in §24-37.5-102, C.R.S. Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. Pagel of 10 HIPAA BAA Revised August 2018 COLORADO Financial Services Depan KI t of Human ScPvkk'es Dfviston of Contracts and Procurement Exhibit C 3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Permitted Uses and Disclosures. i. Business Associate shall use and disclose PHI only to accomplish Business Associate's obligations under the Contract. i. To the extent Business Associate carries out one or more of Covered Entity's obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A. the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B. the person notifies Business Associate of any Breach involving PHI of which it is aware. iii. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de -identify any or all PHI created or received by Business Associate under this Agreement, provided the de -identification conforms to the requirements of the HIPAA Rules. d. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). e. Impermissible Uses and Disclosures. i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. f. Business Associate's Subcontractors. Page 2 of 10 HIPAA BAA Revised August 2018 a g. 'COLORADO IFinancial Services PSTOrtfflY Fi Qt Huinarr Se*vrcx+s L vistan of contracts and Procurement Exhibit C Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of Subcontractors who have entered into any such agreement with Business Associate. iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of any such agreements Business Associate has entered into with Subcontractors. Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such system including, but not limited to, any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. h. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.524. i. Amendment of PHI. J• Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.526. ii. Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. k. Restrictions and Confidential Communications. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days of notice from Covered Entity of: A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. Page 3 of 10 HIPAA BAA Revised August 2018 a +mot COLORADO Financial Services Depamisent ci Human Services Divisron of Contracts and Procurement Exhibit C ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. 1. Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. m. Audit, Inspection and Enforcement. Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate's conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. n. Appropriate Safeguards. i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. iii. Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. iv. Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de -identified in conformance to the requirements of the HIPAA Rules. o. Safeguard During Transmission. Page 4 of 10 HIPAA BAA Revised August 2018 ICOLORADO a. Financial Services I Department of ttrurun Ser,ccs Dtvisron of Contracts and Pro uremrnt P. q. Exhibit C Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. ii. Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS- compliant encryption algorithm. Reporting of Improper Use or Disclosure and Notification of Breach. Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. ii. Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. iv. Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. Business Associate's Insurance and Notification Costs. i. Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A. loss of PHI data; B. Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and C. claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). Page 5 of 10 HIPAA BAA Revised August 2018 a COLORADO Savices Department ofHuman Seances OwlsIon of Contracts and Procurement Exhibit C iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. r. Subcontractors and Breaches. Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. s. Data Ownership. i. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. t. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4. OBLIGATIONS OF COVERED ENTITY a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. b. Notice of Changes. a. i. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use Page 6 of 10 HIPAA BAA Revised August 2018 COLORADO Financial Services Drpartmem d Nur.�an Sa*.,.cs D lsacm of Contracts and Procurement Exhibit C or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses or disclosures. ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate's permitted use or disclosure of PHI. 5. TERMINATION b. Breach. i. Ii addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. ii. Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. u. Effect of Termination. i. Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 6. INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. Page 7 of 10 HIPAA BAA Revised August 2018 a COLORADO Financial Services Department at Homan Sennres envision of Contracts and Procurement 7. LIMITATION OF LIABILITY Exhibit C Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under this Agreement, which shall not be limited. 8. DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9. CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity determines that examination is necessary to certify that Business Associate's Information Security safeguards comply with the HIPAA Rules or this Agreement. 10. AMENDMENT a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate's Subcontractors and agents that they shall adequately safeguard all PHI. i. iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. ii. iv. Covered Entity may terminate this Agreement upon 30 days' prior written notice in the event that: Page 8 of 10 HIPAA BAA Revised August 2018 a COLORADO Financial Services Department or Mahan Services D vfsron of Contracts and Procurement Exhibit C A. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity's sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. v. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. 11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12. INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13. SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Page 9 of 10 HIPAA BAA Revised August 2018 COLORADO Financial Services Oep&tmeN of Hjpnan Se' ,ce's Davison of Contracts and Procurement APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT Exhibit C This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to "Contract" or "Agreement" shall include this Appendix. 1. PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as "Reserved" shall be construed as setting forth no additional terms. 2. ADDITIONAL TERMS a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i. Reserved. b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i. Reserved. c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i. Reserved. d. Definition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be deemed to occur, and Business Associate's obligations under the Agreement shall commence, as follows: i. Reserved. e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the following additional restrictions on Business Associate's use and disclosure of PHI under the Contract: i. Reserved. f. Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement: i. Reserved. Page 10 of 10 HIPAA BAA Revised August 2018 Exhibit D ADDITIONAL PROVISIONS 1. SERVICE PROVISIONS The Contractor shall provide the services according to the plans submitted in the "Statement of Work", attached and incorporated herein by this reference as EXHIBIT A. In all cases, the descriptions, plans, timetables, tasks, duties, and responsibilities of the Contractor as described in the Statement of Work, shall be adhered to in the performance of the requirements of this contract. In the event of a conflict, the terms and conditions of this contract shall control over the Statement of Work. . Any significant changes to the Statement of Work (SOW) require an amendment to the contract. 2. GOALS AND OBJECTIVES The Contractor shall be responsible for the achievement of any goals and objectives as specified within the Statement of Work (EXHIBIT A) of this contract unless written notice of any modifications are furnished by the State to the Contractor allowing adequate time for compliance during the term of this contract. 3. COPY OF SUBCONTRACT The Contractor shall provide to the State a copy of any executed subcontract between the Contractor and any provider of services to fulfill any requirements of this contract. Subcontracts shall be emailed to the Contract Representative upon execution. 4. PAYMENT In consideration of the provision of services and reporting and subject to all payment and price provisions and further subject to verification by the State of full and satisfactory compliance with the terms of this contract, the State shall pay to the Contractor an amount not to exceed the amount specified in the Budget (EXHIBIT B), of this contract. A. The Contractor shall submit requests for payment to CDHS OEC Invoicing@state.co.us no less than monthly on forms prescribed and provided by the State. B. Payment shall be made on a cost reimbursement basis for services rendered. Advances will not be approved except in documented situations of cash flow emergency, for a specified term, with the prior written approval of the State, and in accordance with State fiscal rules and procedures. C. It is understood any vacancy savings in the personnel category and/or any savings in any other category shall require written approval from the State prior to any redistribution of any savings by the Contractor. ANY COST SAVINGS THAT ARE REDISTRIBUTED BY CONTRACTOR WITHOUT WRITTEN APPROVAL SHALL NOT BE REIMBURSED BY THE STATE. D. IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE CONTRACTED AMOUNT SHALL NOT BE PAID BY CDHS. If Contractor has a legitimate need for additional funds, the Contractor shall request additional funds from the CDHS 60 days prior to projected depletion of contracted funds. CDHS shall review each request and notify Contractor in writing of approval or denial. Approval of additional funds shall require an official modification to the Contract by Amendment or Option Letter. E. Timely Invoicing - Invoices shall be submitted no later than 30 days following the last day of the month. Final invoices for services provided through September shall be submitted no later than 30 days following the last day of the month. Page 1 of 3 Revision Date: December 4, 2020 Exhibit D F. The Contractor shall maintain source documentation to support all payment requested pursuant to this contract. All source documentation shall be provided to the State by the Contractor upon request. G. It is understood that the State reserves the right to offset funds pursuant to this contract based on the discovery of overpayment or improper use of funds by the Contractor. Overpayment or improper use of funds is interpreted to apply to specific terms of prior year contracts, and includes without limitation requirements of the Generally Accepted Accounting Principles (GAAP) issued by the American Institute of Certified Public Accountants, and applicable sections of the Colorado Revised Statutes. H. The State shall review monthly invoices throughout the fiscal year. If, after a number of months, the State determines the Contractor is not needing/using the funding allocated for the Contractor's work in the Contract, the State shall remove these funds from the contract budget by Option Letter for a proportional reduction of services with prior written notification to the Contractor. 5. PARTICIPATION The Contractor representative(s) is required to participate in any Office of Early Childhood sponsored meetings related to this contract. 6. SUPPLANTING Payments made to the Contractor under this contract will supplement and not supplant other state, local or federal expenditures for services associated with this contract. 7. BUDGET CHANGES Contractor may request in writing adjustments to the direct costs in the current year budget (EXHIBIT B) not to exceed 10% of the total budget. Requests shall be made in the form of a written budget revision request to the appropriate program staff. Written approval for the budget revision shall be required prior to any changes to the budget related to the budget revision request. The total dollar amount of the contract budget cannot be changed as a result of the budget revision request. Budget adjustment requests over 10%, adding new expense lines, and/or changes to the total dollar amount of the budget require a formal amendment. No adjustments to the Indirect Costs portion of the budget are allowable without a formal amendment. Contractor may request in writing up to a 5% increase to the "Gross or Annual Salary" of an individual employee if a position currently listed in the contract becomes vacant and the new incoming employee will be hired at a higher or lower salary. No increase within the salary range is authorized without prior written approval from CDHS. Adding additional staff requires an amendment to the contract. Vacancy savings cannot be used to change salary amounts for existing personnel without an amendment. Any change to personnel requires prior written approval from CDHS staff. This process will never change the Contract Maximum Amount. Contractor must use available unused funds from either vacancy savings or another category within the contract. The revision request may not at any time compromise the integrity of the funded program as determined by CDHS program staff. 8. TRAVEL A. Mileage shall not exceed the Federal mileage rate per https://www.gsa.gov/travel-resources. B. Per Diem shall not exceed Federal GSA per diem rates for the area of travel per https://www.gsa.gov/travel-resources C. Hotel rates cannot exceed any rate established for conference attendance. D. Usage of airfare or Out of State Travel requires pre -approval from CDHS. Page 2 of 3 Revision Date: December 4, 2020 Exhibit D 9. DATA COLLECTION The Contractor will participate in reporting designated outcome measures. The required data will be entered into an approved CDHS database no later than five (5) working days after completion of task/service or activity supported by PSSF funds. 10. REPORTING REQUIREMENTS The Contractor is required to submit quarterly programmatic reports and year end progress reports. Reports must be submitted to CHDS four times per year on the federal fiscal year calendar. The first report is due on the last business day of July. The second report is due on the last business day of October. The third report is due on the last business day of January and the final report is due on the last business day of April each year. 11. SUBRECIPIENT Contractors determined to be a Sub -recipient of federal funds shall complete the sub -recipient performance report and assessment survey upon contract execution. Failure to complete the performance report and assessment survey shall delay payment to the Contractor. 12. CRITICAL INCIDENT REPORTING Within 48 hours of the occurrence of a critical incident involving any child or family and/or an on duty agency staff member of any family support program staff funded through the Office of Early Childhood (OEC), the agency must report in writing the details of the critical incident to the OEC Program Manager for the involved family support program. Critical incidents may include, but are not limited to, awareness of an egregious incident of abuse and/or neglect, near fatality, or fatality of any child currently enrolled in a family support program; involuntary termination of a program staff's employment; criminal allegations involving program staff and related to his/her employment; negative media attention about the family support program; any major injury or threat to the security of an agency staff member while on duty and visiting an enrolled child or family. 13. MANDATED REPORTING All program staff are required by law to report suspected child abuse and neglect. Mandatory reporters must report suspected child abuse and neglect to the local county child welfare agency, the local law enforcement agency, or by calling the child abuse reporting hotline system at 1-844-CO-4KIDS (1-844-264-5437). All program staff are required to take the online mandatory reporter training on the CDHS Child Welfare Training System: https://www.coloradocwts.com/mandated-reporter-training. Page 3 of 3 Revision Date: December 4, 2020 EXHIBIT E - Supplemental Provisions for Federal Awards For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), the FFATA Supplemental Provisions shall control. 1) Federal Award Identification i. Subrecipient: Weld County Department of Human Services; ii. Subrecipient DUNS number: 075757955; iii. The Federal Award Identification Number (FAIN) is 2101COFPSS; iv. The Federal award date is March 12, 2021; v. The subaward period of performance start date is October 1, 2020 and end date is September 30, 2022; vi. Federal Funds: Contract or Fiscal Year Amount of Federal funds obligated by this Contract Total amount of Federal funds obligated to the Subrecipient Total amount of the Federal Award committed to Subrecipient by CDHS FFY22 $178,033 $178,033 $178,033 vii. Federal award project description: Promoting Safe and Stable Families Program; viii. The name of the Federal awarding agency is US Department of Health and Human Services; the name of the pass -through entity is the State of Colorado, Department of Human Services (CDHS); and the contact information for the awarding official is Kendra Dunn, Director, Division for Community and Family Support, 1575 Sherman Street, 1'` Floor, Denver, CO 80203; kendra.dunn@state.co.us; 303-866-5023; ix. The Catalog of Federal Domestic Assistance (CFDA) number is 93.556, name is Promoting Safe and Stable x. Families, and dollar amount is $847,869; xi. This award is not for research & development; xii. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDHS cost allocation plan. 2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with Federal statutes, regulations, and the terms and conditions of the Federal award, are stated in the General Provisions, Exhibit A - Statement of Work, and Exhibit D - Additional Provisions. 3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in the General Provisions, Exhibit A - Statement of Work, and Exhibit D - Additional Provisions. 4) Subrecipient's approved indirect cost rate is a CDHS negotiated rate of 0 %. 5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as necessary for CDHS to meet the requirements of 2 CFR §200.331 Requirements for pass -through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F —Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Exhibit and the General Provisions, Exhibit A - Statement of Work, and Exhibit D - Additional Provisions. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no later than 30 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 8) Matching Funds If a box below is checked, the accompanying provision applies. Supplemental Provisions for Federal Awards Page 1 of 5 Issued 3/16/2016 Revised 11/18/2016 i. ❑ Subrecipient is not required to provide matching funds. ii. lJ Subrecipient shall provide matching funds as stated in Exhibit B - Budget. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDHS regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDHS that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 9) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 10) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501. i. Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with §200.507 (Program -specific audits). Subrecipient may elect to have a program -specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of CDHS. A program -specific audit may not be elected for research and development unless all of the Federal Awards expended were received from CDHS and CDHS approves in advance a program -specific audit. ii. Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. iii. Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by 2 CFR Part F -Audit Requirements. 11) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: i. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Supplemental Provisions for Federal Awards Page 2 of 5 Issued 3/16/2016 Revised 11/18/2016 "During the performance of this contract, the contractor agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." ii. 4.2 Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Supplemental Provisions for Federal Awards Page 3 of 5 Issued 3/16/2016 Revised 11/18/2016 contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. iii. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. iv. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). v. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. vi. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 12) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. CDHS may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. Supplemental Provisions for Federal Awards Page 4 of 5 Issued 3/16/2016 Revised 11/18/2016 13) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 14) Certifications. Unless prohibited by Federal statutes or regulations, CDHS may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis (2 CFR §200.208). Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to CDHS at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 15) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDHS may terminate the Contract in accordance with the termination provisions in the Contract. 16) Close Out. Subrecipient shall close out this Contract within 90 days after the End Date. Contract close out entails submission to CDHS by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. CDHS shall withhold 5% of the allowable costs until all final project documentation has been submitted and accepted by State as substantially complete. If the project has not been closed by the Federal awarding agency within 1 year and 90 days after the End Date due to Subrecipient's failure to submit required documentation that CDHS has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDHS to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the record retention period. EXHIBIT END Supplemental Provisions for Federal Awards Page 5 of 5 Issued 3/16/2016 Revised 11/18/2016 New Contract Request Entity Information Entity Name* Entity ID* COLORADO DEPARTMENT OF HUMAN z00003650 SERVICES ❑ New Entity? Contract Name* Contract ID COLORADO DEPARTMENT OF HUMAN SERVICES PROMOTING 5192 SAFE AND STABLE FAMILIES (PSSF) PROGRAM CONTRACT Contract Status CTB REVIEW Contract Lead* APEGG Contract Lead Email apegg`zweidgov.com;cobbx: xlkgxweldgov.corn Parent Contract ID Requires Board Approval YES Department Project Contract Description* NEW CONTRACT WITH CDHS. PROGRAM WAS AWARDED TO THE DIVISION OF FAMILY RESOURCE. RELATED TO GRANT APPLICATION KNOWN AS TYLER ID: 2021-1339. TERM NOT TO EXCEED 5 YEARS FROM 10; 1" 21. Contract Description 2 PA IS BEING ROUTED THROUGH NORMAL PROCESS. ETA TO CTB: 8;19;21. STATE WILL BE SENDING THE CONTRACT VIA DOCUSIGN. CONFIRMED THE CONTRACT VERSION UPLOADED IN CMS WILL BE THE VERSION SENT TO MCC CONTRACTS E-MAIL IN DOCUSIGN. Contract Type* CONTRACT Amount * $178,033.00 Renewable* YES Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServicesgiweldgov.co m Department Head Email CM-HumanServlces- DeptHeadgweldgov.conn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYL WELDG OV.COM Requested BOCC Agenda Date* 08;25,'2021 Due Date 08/21/2021 Will a work session with SOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Review Date 07/29/2022 Termination Notice Period Conta Information Contact Info Contact Name Purchasing Approver Approva Department Head JAMIE ULRICH DH Approved Date 08/16/2021 BOCC Approved BOCC Signed Date BOCC Agenda. Date 08/25/2021 Originator APEGG Committed Delivery Contact Type Finance Approver CHRIS D'©V1DIO ii Renewal Date* 09;30/2022 Expiration Date Contact Phone 1 Purchasing Approved Date Finance Approved Date 08/18/2021 Tyler Ref # AG 082521 Legal Counsel GABE KALOUSEK Contact Phone 2 Legal Counsel Approved Date 08:18.,, 2021 Hello