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Home My WebLink About20210809.tiffDate of signature: RESOLUTION RE: APPROVE REQUEST FOR PROPOSAL FOR COLORADO COMMUNITY RESPONSE PROJECT AND AUTHORIZE CHAIR TO SIGN 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 Request for Proposal for the Colorado Community Response Project from 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, to the Colorado Department of Human Services, Office of Early Childhood, with further terms and conditions being as stated in said request for proposal, and WHEREAS, after review, the Board deems it advisable to approve said request for proposal, 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 Request for Proposal for the Colorado Community Response Project from 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, to 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 sign said request for proposal. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithA, Weld County Clerk to the Board BY: Steve M ,reno, Cha' Sco es, Pr Perry L. B f k l APP' ke Freeman o my torney Gc: HSD 3/25/21 2021-0809 HR0093 CAT\Y-0,0-- zo * +-1 b,-1, PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: March 9, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Request to bid for the Colorado Department of Human Services' Colorado Community Response Request for Proposal 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 Request to bid for the Colorado Department of Human Services' Colorado Community Response Request for Proposal. The Department of Human Services' Family Resource Division (FR) requests to bid for the Colorado Community Response solicitation for prevention programs that help to prevent child neglect and strengthen family functioning. FR will achieve this by providing voluntary case management services to a minimum of 60 Weld County families who have been reported to child protection but screened out, closed after initial assessment, or referred by a community agency. The focus will be on providing access to needed concrete services and enhancing support networks to meet families' needs. This approach partners with and enhances child welfare, early education, child maltreatment prevention organizations, and other community programs who work with parents to build five protective factors that, when present, increase the overall well-being of children and families. The program also implements a two -generation approach which provides opportunities that meet both the needs of the parents and the needs of the children at the same time. FR will request $175,000 of funding, the maximum amount allowed by the state for this bid. Additionally, FR will provide $37,449 in match funding. If awarded the bid, the term of the contract will be July 1, 2021 through June 30, 2022. The resulting contract may be renewed for four additional one- year periods at the sole discretion of the State. This bid has been reviewed and approved by legal (G. Kalousek). Pass -Around Memorandum; March 9, 2021 — ID 4547 O311 Page l 2021-0809 ORCYY:( 3 PRIVILEGED AND CONFIDENTIAL I do not recommend a Work Session. I recommend approval of this request to bid and authorize the chair to sign the Request for Proposal Signature Page. 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; March 9, 2021 — ID 4547 Page 2 TECHNICAL BUSINESS PROPOSAL WELD COUNTY DEPARTMENT OF HUMAN SERVICES 315 N. 11th AVENUE P.O. Box A. GREELEY, CO 80632 Introduction Weld County encompasses 4,000 square miles of open skies and beautiful mountain views, is home to 31 municipalities and over 300,000 residents. The Weld County Department of Human Services (WCDHS) serves residents through the provision of innovative, responsive, and collaborative services and is comprised of the following Divisions: • Family Resource Division offers a variety of supportive services surrounding the areas of post adoption, promoting healthy and intact families, child abuse prevention, public assistance navigation assistance and community outreach. • Child Welfare works with families to assure safety, permanency and wellbeing for children and youth. Certified Child Welfare Caseworkers assess family, child, and youth needs to provide appropriate referrals for services in an effort to strengthen families and minimize harm to children. • Assistance Payments programs are available to aid individuals and families that qualify for help. Programs include financial assistance in the form of monetary payments, help with childcare costs, grocery bills, and medical care. • Employment Services offers job opportunities, training, career planning programs, job skills development, workshops, job fairs, and vocational skills assessments. • Child Support Enforcement provides services to help parents and anyone caring for children. Services include testing for paternity, establishing court orders for child support, and enforcing the child support payment obligations. • Area Agency on Aging plans, coordinates, and advocates for services to aid our older population. Including Adult Protective Services (APS) which provides protection for at - risk adults by investigating allegations of abuse, exploitation, caretaker neglect and self - neglect. Vision Statement The people of Weld County are connected to the resources needed to thrive in the community and feel safe and empowered. Mission Statement Engaging and partnering with the community to improve the safety, health and well being of individuals and families through the delivery of responsive and collaborative services. Weld County is committed to the prevention of child abuse and neglect in addition to the required entitlement programs offered by WCDHS. In 2004, supported by the Board of County Commissioners, WCDHS leadership recognized the need for and prioritized the creation of a child abuse prevention program as a part of the Child Welfare Division. In 2018, the Family Resource Division was created, and the Prevention team was added to the Division's service array, in addition to Community Outreach, Post Adoption Services, SSI/SSDI Assistance, and Specialized TANF Case Management. Cultural Considerations In order to meet the diverse linguistic needs of the Weld County community, WCHDS currently employs two full time bilingual prevention team members and all staff members have access to an interpretation service which has the capacity to translate in hundreds of languages. Weld County is committed to increasing diversity, equity and inclusion in all aspects of services provided. When working with individuals and families, we do not discriminate against any persons and we work toward providing equal opportunities for all. We strive to provide services and support that will match the diversity of the families we are working with and will offer support to all children and families in a way that is respectful and honoring of differences. Our expectation is that employees, service providers and community partners work together to demonstrate intentional and tangible efforts to provide welcoming and safe spaces for everyone we serve. We are also committed to continuing education and constant growth which fosters an inclusive environment. The trainings are tailored to allow open and authentic discussion between trainer(s) and participants. Our philosophy of inclusivity and respecting diversity applies to all individuals served as well as internally and throughout the community. Targeted Geographic Service Area and Demonstrated Need According to the Colorado Children's Campaign's 2020 KIDS COUNT in Colorado report, Weld County's 2018 population of 314,250 residents included 81,576 (26%) who were under the age of 18. The report also reveals that Weld County has many vulnerable families, which include births to women without a high school diploma or GED, three risk factor births and teen births — all of which are higher than the state average. Additionally, in the Fall of 2019, 45.3% of Weld County children qualified for free or reduced -price lunch and 13.2% of Weld County children lived in poverty. In 2020, WCDHS saw a 43% increase in the number of families referred for prevention services (986 in 2019 and 1,408 in 2020). Of those referred, 422 families engaged in voluntary case management services. Although overall communitywide data is not yet available, it is predicted that the Covid-19 pandemic has exaggerated family risk factors associated with child abuse and neglect. The WCDHS Child Welfare Division is also seeing an increase in needs for families across the county. In calendar year 2020, Weld County received 7,057 referrals, of which 4,810 were screened out after being reviewed by a red team. Of those referrals reported, 1,554 were on children between the ages of birth to five (5) years of age. In addition, of the 2,247 referrals that were assessed, approximately 2,000 were found to be inconclusive or unfounded. The number of referrals that were either screened out or labeled inconclusive/unfounded created a pool of 6,810 families who might benefit from the CCR program. Data Collection, Outcome Measurement and Reporting Infrastructure The Weld County Prevention Team currently uses the pre and post Protective Factors survey and will add the Colorado Family Support Assessment (CFSA), Budget Inventory and Financial Health Institute Survey into the process as well. Post -participation and satisfaction surveys are currently incorporated into the closure process. Staffing, Supervision and Financial Management WCDHS Prevention Team members are Certified Social Caseworkers through the Colorado Department of Human Services and all staff working on the CCR grant will participate in required trainings (if they have not already done so). In addition, WCDHS is committed to training three employees to utilize the Office of Early Childhood database. Case contacts and outcome measurement tools will be updated on a bi-weekly basis by Case Managers and all components of the program are monitored and supervised by the Family Resource Supervisor. The Family Resource Division Head and Fiscal Office will oversee the invoicing and expenditures of all financial aspects of the CCR grant including the tracking of the flex funding. As indicated in the Statement of Work, a total of 1.5 FTE will be solely committed to the provision of CCR programming. Although WCDHS did not meet the application deadline for the CCR grant in 2017, Weld County has remained committed to the provision of prevention services with uninterrupted services provided to the community since its inception in 2004. Supplemental Questions Provide at least one example of how you have embedded the protective factors and 2GEN approach within your organization and the services provided. All families who participate in Prevention Services are assessed using the protective factor framework and are asked to complete the pre and post survey tools upon entry and exit of the program. Since its inception, a primary focus of the Prevention program has been to engage and partner with families to ensure the needs of multiple generations are met within each household. We are currently working with a family in which the two children are in permanent custody of their grandfather. The family was referred for prevention services by child welfare after the grandfather reached out to a previous caseworker asking for assistance with obtaining services for one of the children as well as financial assistance. The Community Case Manager working with the family has been able to connect him with ongoing Kinship TANF and supportive services for housing assistance, local veterans resources, tribal supports for the children and therapeutic support for the entire family. Provide concrete examples of how your organizational strategies align with or will support the goals, mission and vision of the CCR program. The Colorado Community Response program was offered by the WCDHS from 2014-2017. Although not an official CCR site between the years of 2017-2021, WCDHS has continued to provide voluntary child abuse prevention services in a nearly identical way. The Family Resource Division and Prevention team remains steadfast in our commitment to engage families using a strengths -based, family driven service model aimed at building protective factors and strengthening families. Based on the needs and values identified by and with the client, the Community Case Manager connects clients with appropriate providers and resources throughout the community. Key components of the program include: • Relationship building • Advocacy and empowerment • Completion of a strengths and needs assessment • Identification of goals • Development of a family service plan with prioritized action steps and strategies to overcome barriers Community Case Managers spend time with the family, planning how to maximize resources to garner effective family outcomes. They also facilitate communication and coordination between involved systems of care to minimize fragmentation and duplication of services. The WCDHS Prevention team has served over 3,000 families since 2004. If funding for this proposal is awarded, the CCR program will again be offered in conjunction with existing child abuse prevention programming. Provide at minimum, one example where your organization has collaborated with child welfare to support families in your community. Additionally, discuss how your organization will ensure collaboration with child welfare to provide information on CCR program opportunities, eligibility requirements, and referral process. Information about the referral process should include how you will work together to ensure adequate referrals are received to meet your contractual obligation if awarded. The Weld County Child Welfare team prioritizes referrals to prevention for unfounded/inconclusive assessments for children 0-5 years of age. All screen outs and closing assessments which have children ages two and under are referred for prevention services. In addition, when child welfare has been involved with a family, either through an assessment or as a permanency case closes and the family is interested in receiving additional support, the Community Case Managers are invited to participate in a "warm" hand off. These handoffs include participation in a family engagement meeting, attending a home visit with the Caseworker, or a joint agency/community appointment to introduce the prevention worker as the Caseworker closes the assessment/case. Finally, the Prevention team and Child Welfare team works together through the red team and screening process to determine which families meet criteria for child welfare assessment, which families may benefit from prevention services, and which families are not appropriate for prevention services (unknown caregivers or family contact information, youth in conflict, child fatality and child sex abuse allegations). An example of a family who was referred to prevention by child welfare came to us in 2018 after the 8 -year old male had been detained by law enforcement because he was wandering the neighborhood alone. His aunt had been watching him and he had left out the window of the home looking for food. When the Community Case Manager met with mom it was discovered that her son had extensive medical needs which made him believe he is always hungry. He was also cognitively delayed. Mom was working really hard to meet all of his medical needs but felt his emotional and behavioral needs were increasing. He had recently demonstrated more explosive behaviors and was starting to become aggressive. As a single parent with other children in the home, mom was relieved to be offered assistance by the Prevention team. The Community Case Manager helped mom apply for Medicaid waivers through the local Community Centered Board (CCB) and immediately connected the family with a nurse support program and a care coordinator through the Medicaid Regional Accountable Entities (RAE). At the same time, the Community Case Manager facilitated multiple meetings with mom, the RAE, Health Care Policy and Financing (HCPF) and the child's educational supports to ensure he was receiving coordinated and appropriate medical and mental health care. The family was connected to Applied Behavior Analysis therapy, Occupational Therapy, Physical Therapy, and Speech as well as other supportive services through the Children's Extensive Support Waiver (CES waiver). Additionally, he was able to attend school at a day treatment facility. Though he would have periods of stability, it was clear his needs were continuing to escalate, and his behaviors often required hospitalization to maintain safety. The team, led by mom, began working together to explore options for a specialized medical residential provider who would accept him through the Children's Habilitation Residential Program Waiver (CHRP waiver). Ultimately, a therapeutic group home was secured and without child welfare intervention, mom was able to place him through the CHRP waiver. The Community Case Manager continues to support the family as they adjust to his new living situation and develop new routines of visits and time together. Discuss what is included in coordinated strength -based case management and provide at minimum, one example of how you have utilized it in your organization (must demonstrate at least (3) years' experience). Describe how the respondent plans to deliver the selected programs and services in a way that is responsive to any diversity and languages spoken in the respondent's community. Coordinated and strengths -based case management is focused on family engagement and relationships between family members and their Community Case Manager. It involves collaboration with community service providers and systems of care to provide coordinated and streamlined support to families. The focus is on leveraging services and resources to enhance existing strengths in order to overcome barriers and challenges. The WCDHS Prevention team members participate in ongoing diversity training and are expected to uphold the County core competency of Diversity. They are evaluated annually on this competency and are provided additional opportunities for training and education as necessary. The team includes two bilingual Community Case Managers and unlimited access to a comprehensive translation and interpretation service. Throughout the 17 years the program has existed, there have been no situations where a family who wanted services could not be served because of a language barrier. Provide at minimum, one example of working with a family to set goals, type of support provided, and your organization's success in helping families achieve goals. Community Case Managers work with families to set goals and to reduce barriers on a regular basis. An example of this is a Case Manager who was working with a single mother who was facing several obstacles. The Case Manager was able to engage mom and during the intake process, she identified several barriers; including a lack of childcare, which was a barrier to employment, being monolingual and experiencing homelessness. Mom expressed a goal of becoming a Certified Nursing Assistant (CNA), but had encountered challenges when attempting to find a program in Spanish. Together they partnered with Employment Services, the Weld County Childcare Team and the Greeley Family House to help stabilize the family. Mom was able to access Temporary Assistance for Needy Families (TANF), which not only provided temporary basic cash assistance, but also enabled her to enroll in a CNA Training Program for Spanish speaking individuals. She was able to secure childcare with assistance from the Childcare Team and has also secured permanent housing with the assistance of the Greeley Family house. Ultimately, she completed the program and is now employed full-time as a CNA. Provide at minimum one example of how your organization has collaborated with others in the community to identify gaps in services and current resources available to families. Although this is not an example of a prevention case, it is a recent example of the types of partnerships and collaborations which exist between the WCDHS and the community. A 65 - year -old homeless individual came into the office seeking assistance. He was connected with the Family Resource Division and the Community Outreach Team. Outreach immediately contacted Squad One, a collaboration between the local fire department, behavioral health organization, and the Northern Colorado Health Alliance, to come check his vitals and assess for urgent mental health needs. After making the determination that he was healthy and not in need of immediate mental health support, he was provided essential hygiene items. The team was able to assist him in applying for Food Assistance and Long -Term Medicaid coverage, both of which were processed and approved that day. The team collaborated with the Post Office to reroute his Social Security checks to Greeley and to set him up with a local mailbox, since he had recently come from another state. An assisted living facility was engaged to evaluate him, and he was approved on site. He currently resides in this facility and has case management support from Northern Colorado Health Alliance as well as the Area Agency on Aging. This gentleman went from homeless to living in permanent housing in one day. Please provide at minimum, one example of how your organization works with families to achieve financial well-being. When utilizing flex funding with families how will your organization support families to meet the identified need in the future? The Family Resource Division oversees the Human Services Funds Distribution Committee, the purpose of which is to provide WCDHS employees with a formal process for requesting funds to assist individuals and families of Weld County. The approval and distribution of monetary funds may help resolve issues that threaten basic health, welfare, and/or safety needs (such as food, clothing, shelter, utilities, and other necessities) and/or connect the people of Weld County with resources needed to feel safe, empowered, and to thrive in the community. The committee is comprised of members from across the Department who work together to not only review supportive services funding requests, but to connect applicants with other available agency and community resources for which they may qualify, such as Colorado Child Care Assistance Program (CCCAP), Supplemental Nutrition Assistance Program (SNAP), TANF or housing assistance. Recently, WCDHS was awarded funding to assist with emergency housing and utility related funding for applicants who have been impacted by Covid-19. In addition to providing this emergency assistance, we often connect applicants to Employment Services for information on job fairs, job training and educational programs. Prior to the Covid-19 pandemic, we were partnering with Wells Fargo to provide free budgeting and saving workshops to support families in achieving financial well-being. At minimum, please provide one example of a social capital building activity your organization has provided and potential opportunities you envision for CCR families. The Prevention Services team oversees our Parent Cafe Support Groups, offered twice monthly in a virtual format (currently). Based on the Strengthening Families protective factors and created in 2007 by Be Strong Families, Parent Cafes are an excellent social capital opportunity for families. The purpose of Parent Cafes is to build the protective factors while teaching parents about them through individual self -reflection and peer -to -peer learning. Parent Cafes provide a safe space for parents and caregivers to explore their strengths and asks parents and caregivers to examine how they can strengthen their own families. Parent Cafes will be open to families participating in the CCR program. We also have staff who are trained to facilitate the Nurturing Parenting curriculum (parenting classes or in -home parenting support) and Trust Based Relational Intervention (TBRI) training. Please provide at minimum, one example of outreach and engagement strategies utilized to recruit vulnerable, voluntary participants for programs provided by your organization including potential for flexibility of in person and virtual meetings, time of day programming is offered, locations, etc. to ensure access to participation. Examples should include initial outreach, engagement and retention strategies to ensure program completion. Discuss the strengths and challenges of your strategy and share any lessons learned. What is your overall success rate for engaging families in voluntary services? WCDHS has demonstrated an ongoing commitment to providing voluntary services to vulnerable populations throughout the Weld County community. We have locations in Greeley, Fort Lupton and Longmont. Outside of the current pandemic, all Family Resource Division programs and services can be delivered in the office, in -home or in the community. Appointments are scheduled to meet the needs of the customer during business hours and after hours, by appointment. The overall success rate for engaging families in our Prevention Program ranges between 25-30%. In addition to the Prevention Program, the Family Resource Division offers Community Outreach Services, SSI/SSDI application assistance to customers who are involved with any WCDHS program, and post adoption support through the Family Forever program. All of these services are voluntary and were created to meet unmet needs of individuals who were seeking or receiving services through another program, such as child welfare, TANF or Assistance Payments. Please provide at minimum, one example of a time your organization has implemented a program and/or administered a survey tool with fidelity. What was your process for Continuous Quality Improvement and model fidelity monitoring? How will your organization support advocates and ensure participation in quarterly regional and monthly state collaborative meetings? The Parent Cafe Program is a program which is required to be delivered with fidelity. This includes the delivery of support groups by individuals who have completed a mandatory three- day experiential and technical assistance training as well as training to administer and document a survey tool. We were able to leverage a combination of Promoting Safe and Stable Families (PSSF) funding and county funds to provide this training to 17 individuals, 11 of whom are WCDHS employees and six are representatives from four community partner organizations. Be Strong Families is collecting and reporting on Parent Cafe outcomes nationwide and WCDHS has been contributing to this data monitoring and reporting since we introduced the program in early 2020. In order to ensure Continuous Quality Improvement, the Family Resource Supervisor has been designated as the primary person responsible for program implementation and data reporting. Currently, the collaborative implementation team holds monthly planning and quality assurance meetings to ensure consistent and accurate service delivery. If awarded CCR funding, the Family Resource Supervisor, with the support of the Family Resource Division Head, would be assigned as the primary entity responsible to ensure participation in quarterly regional and monthly collaboration meetings. Provide at least one example detailing your experience collecting complete and accurate data including your organization's data integrity protocols, quality assurance process and timely data entry assurance. As mentioned previously, WCDHS is a recipient of PSSF funding which requires collecting and entering data into the SalesForce database. We have assigned one primary SalesForce user from within our organization and two from our partner community organization. All users participate in required annual training and have developed a relationship with the Program Manager in order to seek assistance and individual training/troubleshooting when necessary. Although we have experienced a few staff changes over the years of implementing PSSF programming, we have maintained required data entry protocols and timely data entry for the program. WCDDS and our community partner each have an authorized "supervisor" in SalesForce and both are able to conduct, monitor and run reports on accurate and timely data entry. This has been helpful to ensure we continue to meet requirements of the Statement of Work agreed upon in the contract for services. Please provide at minimum, one example of a time where you were required to achieve a caseload standard as part of your contractual obligations. What were the success and challenges of achieving the standard? If you did not meet the standard, what were the lessons learned? What resources and support will your organization provide to ensure the CCR caseload standard is met? As a part of the PSSF program, WCDHS and our community partners are required to serve a collective minimum of 25 families through intensive case management each year. We have received this funding since 2013 and have never had any trouble meeting this obligation. Moving forward, we do not anticipate having difficulties with meeting this standard as well as the proposed 60 families for CCR. In addition to the 25 families served for case management through PSSF, our contract includes serving a minimum of 40 families through supportive services and training. This is done through the provision of the Parent Cafe Support Groups. Due to the pandemic, during the 10/2019-9/2020 funding cycle, we saw a decrease in the number of participants served through the support group. In fact, between March and May, no support groups were offered. Fortunately, in June, after adapting the structure of the groups and acquiring additional technological capacity, we began offering virtual groups and served a total of 29 families. Since a portion of the model includes a children's group, we prepare children's activities and deliver them (contactless delivery) to the homes of participants ahead of the scheduled group time. Unfortunately, enrollment in virtual support groups continues to be somewhat low, however, we continue to outreach and attempt to engage families. We recently started to offer one group during the day and one in the evening to accommodate a variety of scheduling needs. We are optimistic that when possible to meet again in person, we will see an increase in participation. The Family Resource Division Head and Family Resource Supervisor are prepared to take on the responsibility of ensuring proposed CCR caseload size is achieved. The Family Resource Supervisor reviews all referrals for the Prevention program and assigns them weekly. On average, the Prevention program receives around 25 referrals a week with at least 90% coming from child welfare. Provide at least one example of how you have successfully administered programs including meeting deadlines, working within budget constraints and providing program and client data to funders. WCHDS is currently a recipient of Community Services Block Grant (CSBG) funding, which we have received consistently since 2011. CSBG is used to provide emergency supportive services, to include rent, utility, clothing and health services to individuals and families struggling with basic needs and to stabilize, maintain, or improve the self-sufficiency of the household. The CSBG program is a part of our Community Outreach team within the Family Resource Division. In addition to the provision of supportive services, Service Coordinators assist individuals in applying for public benefits and assess for potential opportunities to refer for ongoing case management and care planning. Service Coordinators also make referrals to other community resources to support housing stability, youth aging out of foster care, seniors, disabled individuals, and families needing extra support to ensure quality living in the least restrictive setting. We have been able to successfully administer the CSBG program and meet all application, budgeting, data tracking/reporting, and bi-annual reporting requirements. This grant has been administered by the Outreach Manager since it's inception and this consistency has been helpful in the provision of efficient, effective, and responsive services to members of our community. Information provided should discuss areas of staff training and development in Motivational Interviewing, Colorado Family Support Assessment 2.0, Financial Well -Being concepts utilizing the Financial Health Institute curriculum, and Protective Factors training. The Prevention team and Family Resource Division has several members who have completed Motivational Interviewing, Financial Health Institute and Protective Factors trainings. If awarded the CCR grant, WCDHS will ensure all involved staff members receive the required training. At this time, WCDHS does not plan to hire additional staff to implement the CCR program, but rather, reallocate existing Prevention staff to administer the program. However, all members of the Prevention team have passed required background checks and any future employees of the program will be required to do so as well prior to employment. Applicants receiving cash match from their county child welfare partner will be awarded and additional 5 points during the scoring process. Please indicate if your application includes a cash match from your county partner. As a county applicant, WCDHS is prepared to demonstrate the requested 20% cash match. Please share any additional information about your organization and/or community that you believe makes you the ideal candidate to receive funding. Please do not restate information previously provided. Share only information you believe supports your request to provide CCR services but were not captured as part of the technical review questions. WCDHS is uniquely positioned to implement the CCR program in order to strengthen the existing Prevention program. We are the only county in Colorado who has a division dedicated to the provision of preventive and voluntary programing designed to engage residents in achieving enhanced stability and well-being and to prevent family disruption. We believe these qualifications make us an ideal organization for the CCR services. Exhibit A — Sample State Contract: Requested Modification WCDHS respectfully requests modification to the three indemnification clauses on pages 20 and 21 of the State contract (general, confidential info, and intellectual property). We propose the following language added to the end of each clause, "...unless the contractor is a public entity." The Weld County legal department has advised us to propose this additional language as indemnification is difficult/impossible for public entities because of appropriation requirements. For your reference, this additional language has been noted utilizing track changes on the attached Exhibit A — Sample State Contract: Requested Modification. COLORADO Office of Early Childhood Department of Human Services Colorado Department of Human Services Office of Early Childhood VENDOR CONTACT INFORMATION SHEET Legal Name of Vendor as it should appear on the Contract/Purchase Order including any dba: Weld County Department of Human Services Address: 315 N. 11th Avenue, Building A City: Greeley State: CO Zip Code: 80632 county: Weld FEIN # 84-6000813 DUNS # 075757955 gT pe of Entity (please mark one): Individual Professional Corporation (PC) Sole Proprietor State of Incorporation Fiscal Year End Date Not -For -Profit Corporation Limited Liability Company (LLC) Joint Venture Primary Contact to Receive ALL Correspondence: Name: Julie Witkowski Email: witkowjx@weldgov.com Phone: (970)-400-6777 CFO or Financial Contact: Name: Tammy Maurer Email: maurertk@weldgov.com Phone: 970-400-6533 Individual Signing Contract: Name: Title: Email: Phone: Steve Moreno Invoice Contact: Colorado December 31 For -Profit Limited Liability Partnership (LLP) Government Name: Tammy Maurer Email: maurertk@weldgov.com Phone: 970-400-6533 Chair of the Board of Commissioners BOCC-Contracts@co.weld.co.us (with a copy to HS-ContractManagement@co.weld.co.us) Is your agency set up for Electronic Deposit with the State of CO? X Yes No If Yes, please list the last 4 digits of the account number payments should be sent to 4375 How long does your agency and/or board need to review and return the signed contract? 30 days Revised 01/27/2020 Iy v �\ J F. �. ` TA TS `= " F C '��i ; 1 iT &I: DEP 4c: RTMENT OF HU it,. N SERVICES RE 11UEST F tfit PROPOSAL SIGNATURE PAGE ATE : February 18 , 2021 rik ETU RFP TO : RFP Nit ® ILIA 2021000215 RY_RFP_.9vk3fnwycsuayhgb@u.box.com DIRECT INQUIRIES TO : Ryan Yarrow PHONE : 303 -866-3227 E-Mail : cdhs_procurement@state. co . us DATE DUE : L•:' i� arch 21), 2121 AT 10 : 00 AM (Local) Proposals properly marked as to RFP NO . , DATE and HOUR of opening, subject to the conditions herein stipulated and in accordance with the specifications set forth and/or attached hereto, will be accepted at the address listed above, prior to the date and time listed for the RFP opening. All proposals shall be quoted F . O. B . destination, unless otherwise specified, to the delivery location or jobsite listed herein. ' .. ULST FOR r i!te .#i P t, S :1_ L # IHI.A. 2t2 l 4215 TITLE Co1oraio ___ "Immunity R ,es sonse C ENCY SEE ATTACHED PAGES FOR TERMS AND CONDITIONS AN • PROP • SAL REIUIREMENTSO IMPORTANT : Proposals submitted in response to this RFP MUST be accompanied by this " REQUEST FOR PROPOSAL" sheet. >• fferors should read the entire RFP document before submitting a proposal. PROPOSALS MUST BE SIGNED IN INK TERMS Net 30 Steve Moreno Payment Terms of less than 30 calendar days will not be considered. TYPED OR PRINT_-i:D SIGNATURE Pricing shall be effective for 180 days after award. VENDOR DOR -- - NAME Weld County Department of Human �/ r�i ��t- c �� s � Services Handwritten Signature by Authorized Officer or ADDRESS Agent ti Vendor 315 North 11th Avenue, Building A Greeley, Colorado 80632 TITLE Chair of the Board of ZIP Commissioners MM 1 7 2021 PHONE 970-400 -6556 DATE, x Confirm that you are aware that the award E-Mail HS-ContractManagement@co .weld. co .us notice will be published on Colorado CORE-VSS . FAX FEIN or SSN 84-6000813 My Company is registered on Colorado CORE-VSS X Yes No AEnter your FEIN or SSN as registered on CORE-VSS Include your VSS Vendor Code (VC#) if known: VC000000000 14294 RETURN THIS PAGE o o • Exhib►t R STATEMENT OF WORK (SOW) WELD COUNTY DEPARTMENT OF HUMAN SERVICES 315 N. 11T" AVENUE P.O. Box A. GREELEY, CO 80632 MARCH 22, 2021 Page 1 of 10 Exhibit t The St . tement of Work (SSW) is a document which describes the scope of work required to complete a specific project ® tt is a formal document a gd must be agreed upt by all parties involved and ultimately becomes a part of the executed agreement (Cr itract, PS , etc.)0 irder to be effective, the SSW must cintain an appropriate level of detail so all parties clearly understand what work is required, the duration r of the work inn lved, what the deliverables are, a t Id what is acceptable. INTR . IlUCTIS' N ACKGRSUND This section should provide a general description of the project as well as highlight the project 's background and what is to be gained by the project. As the SOW often accompanies a request for proposal (REP), the SOW introduction and background is necessary for bidding vendors to familiarize their organizations with the project) The Weld County Department of Human Services will provide comprehensive voluntary case management and advocacy services for families reported to child protective services but screened out and/or closed after initial assessment; these services will increase enrolled families ' protective capacities by promoting individual , family, and community strengths ; and will address the link between poverty and child maltreatment by connecting enrolled families to vital economic and other support services . 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 Weld County Department of Human Services will provide intensive coordination of community-based supports (case management, financial decision making, social capital opportunities and flex funding) based on family identified goals . SCOPE SE WORK This section should provide a brief statement o f'what you expect to accomplish as a result of this scope of work While specific deliverables and tasks will be presented in the Work Requirements section, this section should highlight what is and is not included in the scope of the project in broader terms. The Weld County Department of Human Services will provide voluntary case management services to a minimum of 60 Weld County families who have been reported to child protection but screened out, closed after initial assessment, or referred by a community agency . The program seeks to prevent child abuse and neglect and strengthen family functioning by providing access to needed concrete services and enhancing support networks to meet their needs . This approach partners with and enhances child welfare, early education , child maltreatment prevention organizations, and other community programs who work with parents to build five protective factors that, when present, increase the overall well - being of children and families . The program also implements a two-generation approach which provides opportunities that meet both the needs of the parents and the needs of the children at the same time . Specific program goals are to : • Provide comprehensive voluntary prevention services to families with known risk factors that contribute to child abuse and neglect prioritizing families screened out or closed after assessment from child welfare ; Page 2 of 10 Exhibit B • Reduce re-referrals to child protection services related to escalation of risks and prevent the high costs associated with being " screened in" to the child protection services ; • Increase families ' protective capacities by promoting individual, family, & community strengths ; ® Address the link between poverty and neglect by connecting families to vital economic and support services to mitigate risk factors associated with child neglect; Promote safe, stable, nurturing relationships that allow children to reach their full potential . Increase economic security for families by providing services that help reduce financial stress for families . P E s' IOD OF PERF. RMAN SCE This section should define the time period over which the project will. occur. The timefryme for the project can be pre-determined or based on a completion date to coincide with some external requirement (i. e. fiscal year or legislative requirement). It is important to define the period of performance since this is usually a variable in the project 's cost. Additionally, i f there are delays in a project and it will not be completed within the defined period of performance, a contract modification/amendment may be required and the costs of the project will increase as well. This scope of work shall cover the fiscal year of July 1 , 2021 through June 30, 2022 . WORK PLAN This section should include a description of the actual tasks which the project will require. This should include what tasks need to be completed in order for successful completion of this project/contract. As with all other portions of the SOW, every effort should be made to include as much detail as possible. (This part if the SOW should be completed using the prsivided work "la] , to /plate s* #td integrated as Th:rt of the St ) Work Plan • TC • MES, BENCHMARKS, AND MILESTSNES Outcomes Staternetit A minimum of 60 Weld County families will have an opportunity to participate in voluntary case management services designed to increase protective factors and family strengths . Key Activity A: Shall provide comprehensive voluntary services for a MINIMUM of 45 families referred with a screen-out or closed assessment from child welfare and 15 provider agency referrals during referral during the 2021 -2022 fiscal grant year. Clni.d welfare referrals 75 % and provider agency 25 % o-" F T 7, caseload Tasks Time Period to iverable Measurement Person(s) Responsible Budget Category 1 . 1 Referrals provided to July 1 , 2021 to Referrals delivered via secure method to Referrals will be available via Child Welfare Salaried program via secure method. June 30, 2022 Office of Early Childhood (OEC) data- secure method from SACWIS Supervisors, Family Employees system . (Trails) and accessed via OEC Resource Supervisor data-system Page 3 of 10 Exhibit Ct L2 Referred families July 1 , 2021 to CCR supervisor will assign referred All referred families ' Family Resource Salaried reviewed by CCR supervisor June 30, 2022 families to CCR worker within 48 information will be reviewed Supervisor, Community Employees and assigned to CCR advocate business hours of receiving referral . and a minimum of 4 outreach Case Managers for outreach . Family outreach Outreach will begin and 2 phone calls, attempts will be made as will be done using the CCR home visit, and greeting card series will outlined in the CCR Greeting Card Series . be utilized to engage families . Implementation Manual . Outreach attempts will be documented in the OEC data system within 48 business hours of completion . 1 .3 Families will voluntarily July 1 , 2021 to A minimum of 45 unduplicated child 100% of families agreeing to Community Case Salaried enroll in the CCR program June 30, 2022 welfare referred families and 15 participate in the program will Managers Employees demonstrated by completing unduplicated provider agency referred complete CCR survey CCR instrumentation tools . tools/worksheets as outlined in families will enroll in CCR services. the CCR implementation FTE a eload _ , r� , ,�, nllk r manual . This includes Data y• ra l t�/� Consent, Participation CWPA re feirnalls = 25 % Agreement, Intake, Colorado Family Support Assessment (CFSA) 2 .0, Goal Setting Worksheet, Financial Health Survey , Budget Inventory , and Substance Use Screening Questions with an 80% post comparison match. 1 .4 Colorado Family Support July 1 , 2021 to Family advocate and supervisor will Advocate and supervisor will Family Resource Salaried Assessment 2 . 0 training July 30,2022 complete CFSA 2 .0 training. be certified in the use of the Supervisor, Community Employees CFSA 2 .0 tool . Training will Case Managers be documented in the OEC data system within 48 hours of completion. 1 . 5 Family functioning will be July 1 , 2021 to Utilizing Motivational Interviewing 100% of families agreeing to Community Case Salaried measure across 14 domains June 30, 2022 skills, family advocate will engage participate in the program will Managers Employees using the CFSA 2 .0 tool . families in a conversation and complete complete part A — C of the the CFSA 2 .0. CFSA tools include CFSA 2 .0 with an 80% post family functioning domains, Part B comparison match. Data Protective Factors Survey, and Part C collected from the tool will be the readiness for change scale. entered into the OEC data system within 48 business hours of completion. Page 4 of 10 1.6 Families will voluntarily July 1, 2021 to In partnership with the family, CCR 100% of families agreeing to Community Case Salaried engage in prevention service areas identified by the family during the goal setting phase of the program. June 30, 2022 advocate will complete the family goal setting worksheet to include action steps necessary to achieve goal attainment. Families agreeing to participate in the program will create one goal in the ESS domain and up to two additional goals during program completion. ESS goals include Income, Employment, Housing, Transportation, Food Security, Adult Education, Cash Savings, and Health participate in the program will set 1 ESS and up to 2 other goals during program participation. A worksheet will identify topics and activities to support goal attainment. The goal worksheet will be entered into the OEC data system within 48 business hours of goal establishment. Managers Employees Coverage. 1.7 Resources provided to July 1, 2021 to CCR advocate will discuss with the 100% of resource referrals will Community Case Salaried assist the family in achieving identified goals. June 30, 2022 family goals and identify resources that are needed to support goal attainment. be documented in OEC data system within 48 business hours of completion. This includes internal and external referrals. Managers Employees Ivey Activity B: Shall increase enrolled families' protective capacities by promoting individual, family, and community strengths during the 2021-2022 fiscal grant year. Tasks Time Period Deliverable 1Vleasurement Person(s) Responsible Budget. Category ' 2.1 Strengthening Families July 1, 2021 to All CCR family advocates will complete CCR family advocate will Community Case Salaried Protective Factors are June 30, 2022 the online Strengthening Families receive a Strengthening Managers, Family Employees integrated throughout all CCR services offered. training or in-person/virtual training utilizing the certified Colorado Trainer network. Families Protective Factors (PF) certificate of completion that will be maintained in their employee personnel file. Resource Supervisor Training must be completed within 30 days of hire and training completion documented in the OEC data system. Page 5 of 10 Exhibit B 2.2 Families' existing strengths will be identified and used throughout the duration of the program. Advocates will use the learned knowledge from PF training to provide opportunities to promote protective factors. July 1, 2021 to June 30, 2022 CCR family advocates in partnership with the family will complete the Protective Factors survey; section B of the CFSA 2.0. Advocate will discuss the framework with the family and promote opportunities to increase family protective factors. Special emphasis will be given to protective factors integrate in the CCR model and include Parental Resilience, Concrete supports and social connections. 100% of families who enroll in CCR services will complete a Protective Factors survey; section B of the CFSA with an 80% post comparison match. Survey results will be entered into the OEC data system within 48 business hours of completion. Community Case Managers Salaried Employees 2.3 Social capital builds relationships, mobility, and trust in low-income families and communities. Social capital, at the level of the individual, is defined as the resources one gains by being part of a social network. July 1, 2021 to June 30, 2022 At minimum, one social capital building opportunity will be offered to families, Activities should reinforce the availability and return of resources provided as a result of participation in a social network. Families should gain a better understanding of how giving and receiving resources, as part of a social network, benefits the group. Social capital building activities will be entered into the OEC data system within 48 business hours of the event. Details of the event and benefits to the families must be documented. Community Case Managers, Family Resource Supervisor Salaried Employees Key Activity Ce Shall address the link between poverty and child maltreatment by connecting enrolled families to vital economic and other support services during the 2021-2022 fiscal grant year, Tasks Time Period ' Deliverable Measurement Person(s) Responsible Budget Category' Salaried Employees 3.1 CCR family advocate will assess families' eligibility for public benefits and assist with the application process when appropriate. CCR family advocate may utilize PEAK online benefit system. July 1, 2021 to June 30, 2022 In partnership with families, the CCR family advocate will complete the income and benefits inventory worksheet pre and posttest. 100% of families enrolled in CCR will complete the incomes and benefits inventory worksheet. 80% of families will have a post comparison match. Community Case Managers 3.2 CCR family advocate will provide one-time flex funding to meet an immediate family need that if left un-met. which may result in child maltreatment. July 1, 2021 to June 30, 2022 CCR family advocate will complete the flex funding form for any family receiving funds. 100% of families receiving flex funding will have a flex funding form completed in the OEC data system Community Case Managers Salaried Employees Page 6 of 10 Exhibit B 3.3 All families receiving flex funding will complete and work towards a flex funding goal. July 1, 2021 to June 30, 2022 CCR family advocate will work with families to set a goal associated with flex funding. 100% of families receiving flex funding will set a flex funding goal. Goal information will be documented in the OEC data system. Community Case Managers Salaried Employees 3.4 Assess families understanding of economic well-being. July 1, 2021 to June 30, 2022 In partnership with families, the CCR family advocate will complete the Financial Health worksheet. 100% of families will complete the financial health worksheet pretest with an 80% post comparison match. Community Case Managers Salaried Employees 3.5 CCR family advocate will increase knowledge of financial well-being for families. July 1, 2021 to June 30, 2022 Family advocates/supervisors will complete the required Financial Health 2 day in person/virtual training and five Financial Health Institute (FHI) online courses required before working with a family. CCR staff shall also complete three additional FHI trainings as appropriate in the online leaming environment. CCR family advocate will receive a certificate of completion for in - person/virtual two day training and five online learning courses. The Advocate will complete three additional trainings available through the E -Learning environment. All trainings must be recorded as having been completed in the OEC data system, Community Case Managers Salaried Employees Key Activity Dc Performance Monitoring and Reporting Tasks Time Period , Deliverable x ,w ,Measurement Person(s) Responsible . Budget Category 4.1 Invoices Monthly Invoices submitted on a monthly basis to CDHS Contractor shall submit all invoices by the 20th day of each month. Final billing must be submitted by July 3, 2022. Family Resource Supervisor, Family Resource Division Head Salaried Employees 4.2 Submit programmatic progress reports to CDHS. Q2 and Q4 Reports will be submitted in a timely fashion and will include all requested information. Reports will be submitted to CDHS twice per year on a state fiscal calendar year. The first report is due on the last business day of January each year. The final report is due on the last business day of July each year. Community Case Managers, Family Resource Supervisor, Family Resource Division Head Salaried Employees Page 7 of 10 Exhibit B 4.3 Report on CDHS' July 1, 2021 to All required data is entered into OEC Required data will be entered Community Case Salaried designated outcomes and measures, and comply with June 30, 2022 data -system into OEC data -system within 48 hours of completing task Mangers Employees CDHS data collection methodology system. (i.e. outreach attempts, case management notes, instrumentation tool). Key Activity E: Other Program Requirements ['asks Time`Period; Deliverable asurernent Person(s) Responsible Budget Category Salaried Employees 5.1 Participation in the regional hub for knowledge sharing, skill development, networking and other activities identified by the region July 1, 2021 to June 30, 2022 Attendance and active participation at the regional hub meetings. This is a required component of the model and the CCR worker and or/supervisor will benefit from the knowledge gained and social connections built during regional meetings. Attendee is responsible for sharing information with other colleagues in the agency as needed. Attendance will be tracked at the meeting. Information related to attendance will be recorded in the regional hub chatter group. Community Case Managers, Family Resource Supervisor 5.2 Participation in the monthly CCR collaborative call. July 1, 2021 to June 30, 2022 Attendance and active participation at the monthly CCR collaborative call. This is a required component of the model and the CCR worker and/or supervisor will benefit from the knowledge gained and social connections built during collaborative call. Attendee is responsible for sharing information with other colleagues in the agency as needed. Attendance will be tracked at the meeting. Information related to attendance will be recorded in the Statewide CCR chatter group. Community Case Managers, Family Resource Supervisor Salaried Employees 5.3 Continuous Quality Improvement (CQI) July 1, 2021to June 30, 2022 Model implementation and CQI is part of the ongoing process to ensure model fidelity and program delivery. CCR staff will participate in CQI process as needed. CQI will be monitored through the program performance year. The process requires timely data entry for review and feedback. CCR staff will ensure data entry as required by the SOW are met and participate in CQI activities. Record of participation will be obtained at the time of CQI by CCR program manager or designee. Community Case Managers, Family Resource Supervisor Salaried Employees SCHEDULE/MILESTONES Page 8 of 10 Exhibit B Weld County will offer voluntary case management services to at least 150 families in an effort to fully engage 60 families in the program throughout the grant cycle. Families who complete the program will demonstrate enhanced implementation of the protective factors, increased social capital, improved stability, family functioning and self-reliance. Child welfare re -involvement, as measured by subsequent founded assessment and out -of - home placement, will be lower for program participants than families with similar demographics who do not participate. ACCEPTANCE CRITERIA The acceptance of all deliverables will reside with the Office of Early Childhood (OEC). The designated program manager will monitor all deliverables in order to ensure the completeness of each stage of the project and that the scope of work has been met. OEC's designated program manager will monitor all deliverables to ensure the completeness of each stage of the project and that the scope of work has been met. The OEC program manager will either sign off on the approval, or reply to vendor, in writing, advising what tasks must still be accomplished to ensure the successful completion of this contract. PERFORMANCE TARGETS If Contractor fails to meet any one of the performance targets in this Contract and as specifically identified below, Contractor shall be in breach as defined in section 13 entitled "Breach." 1. Contractor shall ensure that at least 60 families enroll in CCR services and complete all assessment tools. 2. Contractor shall ensure, at minimum, 100% of families complete a baseline CFSA 2.0 with an 80% post comparison match. 3. Contractor shall ensure that 100% of families will complete the family goal setting worksheet and work towards attainment of a minimum of 1 economic self-sufficiency (ESS) goal. 4. Contractor shall ensure, at minimum 100% of families will set an ESS goal; 75% of families will have overall positive movement in the ESS domain between pre and posttest CFSA 2.0 5. Contractor shall ensure that 100% of families enrolled in CCR services will complete the income and benefits inventory worksheet. 6. Contractor shall ensure that all families will complete the Financial Health worksheet pretest and 80% of all families complete the posttest. 7. Contractor shall ensure staff receive and document in the OEC data system all required training prior to assigning families for outreach. Required trainings include CFSA2.0, Motivational Interviewing, FHI virtual/in-person 2 day training and 5 online -courses, CCR model training, Strengths -Based Case Management, Protective Factors, Mandated Reporter, and OEC data system training. 8. Contractor shall submit all invoices by the 20th day of each month. Final billing must be submitted by the July 3rd. 9. Contractor will support and provide resources necessary for the family advocate to meet standard caseload expectations. The FTE requirement is 40 families served during a SFY. Caseload standards include 75% child welfare referrals and 25% provider agency referrals. Families are considered "served" when the following three activities have been completed in the OEC data system; CCR Intake form, Baseline CFSA 2.0 and one strengths -based goal created. 10. Confidentiality Page 9 of 10 Exhibit B 1 . CCR Provider Agency and its employees recognize that reports of child abuse or neglect and the name and address of any child, family, or informant or any other identifying information contained in such reports are confidential and shall not be public information. C .R. S . 19- 1 -307( 1 )(a), except as decided by family through a release of information . 2 . CCR Provider Agency and its employees acknowledge there may be criminal sanctions related to the release of such information pursuant to C . R. S 19- 1 -307 ; C .R. S . 19- 1 -303 ; 18 - 1 . 3 - 501 or other state, local or federal laws . 3 . CCR Provider Agency and its employees will not access the OFC data system for any purpose other than in the performance of providing Colorado Community Response services as outlined by this MOU . The CCR Provider Agency and its employees agree to only access those areas of the DEC 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 Colorado Community Response services . Page 10 of 10 Exhibit B COLORADO Colorado Department of Human Services •i , >:c.:., Office of Early Childhood Office ®f Early Childhood Department of Human Services BUDGET WITH JUSTIFICATION FORM Program Contact Name, Title Julie Witkowski, Family Resource Division Head Contractor Name Weld County Phone (970)-400-6777 Email witkowjx@weldgov.com Fiscal Contact Name, Title Lennie Bottorff Budget Period July 1, 2021 - June 30, 2022 Phone (970)-400-6537 Email bottorll@weldgov.com Project Name Colorado Community Response PLEASE READ 6NSTRUCT ONS 6NCLUDED 6N TAB A OF THOS SPREADSHEET PMOR TO COMPLET0NG 6NG TAB B TEMPLATE Expenditure Categories Personnel Services - Salaried Employees FY 2021 A. Other Position Title/ Description of Work and Gross or Annual Percent of Time Total Amount B. CDHS Fringe Sources of Employee Name What is Included in Fringe Benefits Salary on Project For Project Funding Funding Implementation of the CCR Program. Proposed full time CCR Community Case Manager/Matthew Flachs workload (40 families served annually). Fringe Benefits include $71,581 $23,015 100% $94,596 $0 $94,596 Implementation of the CCR Program. Proposed half time CCR Community Case Manager/Jessica Chavez workload (40 families served annually). Fringe Benefits include $55,517 _ $19,644 50% $37,581 $0 $37,581 Supervision of the Community Case Managers in addition to Family Resource Supervisor/John Killen management of the Parent Cafe Support Group (opportunities $80,787 $17,210 33% $32,339 $32,339 $0 $0 $0 0% $0 $0. $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 0% $0. 1a Total Personnel Services (including fringe benefits) $164,516 $32,339 $132,177 Page 1 of 3 Exhibit B Supplies 81 Operating Expenses FY 2021 A. Other B. CDHS Item Description of Item Sources of Funding Funding FHI Subscription Annual Financial Health Institute Subscription $0 $2,395 Database License OEC Database License (135 each). Requesting three $0 $405 Flex Funding Flex Funding at 10% $0 $21,000 Greeting Cards Printing expenses for CCR greeting cards $0 $500 Windows operating devices (1456.00 each) with docking station (225.00), monitor (125.00), keyboard (17.19) and mouse (17.19). Total Technology per device=1,840.38. Requesting three set ups. $0 $5,521 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2. Total Supplies & Operating Expenses $0 $29,821 Training and Technical Assistance FY 2021 A. Other C. CDHS Item Description of Item Sources of Funding Funding ChINWP) Grantee Orientation/Conference State sponsored orientation or conference. Costs include registration, per-diem rates for food, lodging, mileage or other expenditures $0 $3,000 CFSA Training Training for two Community Case Managers and a supervisor (225.00 each) $0 $675 Motivational Interviewing Training Introductory Motivational Interviewing Training for two Community Case Managers and a supervisor(225.00 each) $0 $675 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 3. Total Training and Technical Assistance $0 $4935O Travel FY 2021 A. Other C. CDHS Item Description of Item Sources of Funding Funding (NHvPI Mileage to home visits osc.colorado.gov/financial-operations/fiscal-rules-procedures/mileage-reimbursement-rate) . Estimated for two Community Case Manag $0 $5,512 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5 Total Travel $0 $5,512 Page 2 of 3 Exhibit B Contractors/Consultants (payments to third parties or entities) FY 2021 A. Other C. CDHS Name Description of Item Sources of Funding Funding (NHVP) Be Strong Families Refresher Training for Parent Café Support Groups (Total $8,250-requesting $3,140 from CDHS) $5,110 $3,140 $0 $0 $0 $0 $0 $0 6 Total Contractors/Consultants $5,110 $3,140 MODIFIED TOTAL DIRECT COSTS (MTDC) $37,449 $175,000 Indirect Costs FY 2021 [not to exceed 10% unless Negotiated Federal Indirect Cost rate or Negotiated State Indirect Cost rate is attached] A. Other C. CDHS Item Description of Item Sources of Funding Funding (NIHVP) Negotiated Federal Indirect cost rate Weld County utilizes a cost allocation plan for all Human Services Grants $0 $0 State Federal Indirect cost rate $0 0 10% de minimis Indirect rate: $0 $0 Total Indirect $0 SO Now.,; s, .;Y ., ..yyi,. u. .- . .�! `P L, ;�.,✓� .. ,. .i / ,. i... . ,. .. .,ny .� ,.. ,:•X .�. �S SS'f % �rk �Q tl.n � .I � g� o s�, ,a. ^it '.,� ;; ;cy .t�, 01•. . . i . gfr 4l4 ti ,;14:02000S.„ -.S; . -.1tip : ;b ti 2 . TOTAL ,s 3 '�` 4,d , J 0,..0 fX: Ste'.. . r.�rl 44: , ., ' " , + ' Y r Z6,.c L ,,/ �� ,s f"% : �. .ns_. ..1/f � ,. ,...,z .,.i.,.. /,,WASP. .. .�� , . . .. � � ,> 4“90,21;4e 1..../',..,...�, >'�. �_..,,i.i..i. ii. %� .e .r ...>.,._ .- ...�/a '1,/ ,i . ..1..5/.Jf,.,_ .�� ... h"J6N.�L. / . G'K. ,..Pi �6dr q�'7^�.. ,5�4�. *Figures are rounded using basic accounting standards. (0.00-0.49 = 0; 0.50-0.99 = 1.0) Page 3 of 3 STATE OF COLORADO CONTRACT Commented [CW1.]: Note to Drafters: Gray highlighted sections are finable fields: To use those fields, use "protect document" to restrict editing to "filling in forms", then type in the. COVE PAGE appropriate held. If the document is unprotected, then typing in the field will delete that field and replace it with the text typed. State Agency Contract Number Insert Department's or IHE's Full Legal Name Insert CMS number or Other Contract Number Also, this is for non-IT personal services. For IT services, use the IT services template instead. Contractor Contract Performance Beginning Date Insert Contractor's Full Legal Name, including "Inc. ", "LLC", [The later of the Effective Date or Month Day, Year] Commented [CW2]: Note to Drafters: If there is potential etc... ambugity about the identity of Contractor, such as when contracting, with an individual who shares a common name with other !Contract Maximum 'Amount Initial Contract Expiration Date individuals, then the address of Contractor or other information like Initial Term Month Day, Year state of incorporation should be included here. If a legal entity name State Fiscal Year 20xx $0.00 is used and there is low risk of mans-identifying Contractor, then the inclusion of the address or other information is not required and is Extension Terms Contract Authority up to agency discretion. State Fiscal Year 20xx $0.00 Insert Brief Description of the Authority to enter into the State Fiscal Year 20xx $0.00 Contract Commented [CW3]: Note to Drafters: This may be modified to State Fiscal Year 20xx $0.00 reference only the Effective Date if contract performance will begin State Fiscal Year 20xx $0.00 immediately upon execution of the contract. Total for All State Fiscal Years $0.00 Commented [CW4]: Note to Drafters:.This table may be !Contract Purpose" updated if the Initial Term will last longer than a single State Fiscal Briefly describe the Contract's purpose Year or if there are fewer Extension Terms. This table should include all known Extension Term amounts to minimize Exhibits and Order of Precedence Contractor's ability to try and force price increases on the State. The following Exhibits and attachments are included with this Contract: 1 . Exhibit A Statement of Work Commented [CW5]: Note to Drafters: This is also where you 2. Exhibit B —.Sample Option Letter) can add background information as well as reference any solicitation used to procure these services or a note of any applicable In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency exemptions from the procurement code. shall be resolved by reference to the documents in the following order of priority: . , 1 . IColorado Special Provisions in § 18 of the main body of this Contract. Commented [CW6]: Note to Drafters: Add exhibits as 2. The provisions of the other sections of the main body of this Contract. appropriate 3. Exhibit A, Statement of Work. 4. Exhibit B, Sample Option Letter.) Commented [CW7]: Note to Drafters: update this to include all Principal Representatives appropriate exhibits and attachments. Security and Compliance For the State: For Contractor: exhibits, such as the HIPAA BAA, and Federal Tax Information exhibits should immediately follow the special provisions. Name Name bepa thient,Name Co lnpany Na hie Address Address Address Address City, State Zip City, State Zip Email Email Contract Number: Page 1 of 23 Version 0919 • SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that the signer is duly authorized to execute this Contract and to bind the Party authorizing such signature. CONTRACTOR STATE OF COLORADO INSERT-Legal Name of Grantee Jared S. Polis, Governor INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE By: Name & Title of Person Signing for Contractor By: Name & Title of Person Signing for Agency or IHE Date: Date: !2nd State or Contractor Signature if Needed LEGAL REVIEW Philip 3. Weiser, Attorney General By: By: Name & Title of Person Signing for Signatory Assistant Attorney General Date: Date: Commented [CWS]: Note to Drafters: Modify this for any additional signatures, either additional contractor signatures or additional state agency signatures. Remove the contents of this cell In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated below by the State Controller or an if there will be no additional signatories. authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, 3D By: Name of Agency or IHE Delegate-Please`delete if contract will be routed to OSC for approval Effective Date: Contract Number: Page 2 of 23 Version 0919 TABLE OF CONTENTS Commented [CW9]: Note to Drafters: The Table of Contents COVER PAGE 1 may be removed at the Agency's discretion if the size of the contract is such that it does not provide additional value in finding terms SIGNATURE PAGE 2 easily and it has not been requested by any reviewers. The table of 1 • PARTIES 3 contents should be included in all contracts that will be submitted to the CCU for review or approval. 2. TERM AND EFFECTIVE DATE 3 3. DEFINITIONS 4 4. STATEMENT OF WORK 7 5. PAYMENTS TO CONTRACTOR 7 6. REPORTING - NOTIFICATION 8 7. CONTRACTOR RECORDS 9 8. CONFIDENTIAL INFORMATION-STATE RECORDS .•.., . 10 9. CONFLICTS OF INTEREST 11 10. INSURANCE 12 11 . BREACH OF CONTRACT 14 12. REMEDIES 14 13. DISPUTE RESOLUTION 16 14. NOTICES AND REPRESENTATIVES .:... 16 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 16 16. STATEWIDE CONTRACT MANAGEMENT SYSTEM 18 17. GENERAL PROVISIONS ; 18 18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 21 1. PARTIES This Contract is entered into by and between Contractor named an the Cover Page for this Contract (the "Contractor"), an4 .e' :STATE OF COLORADO,. acting by and through the State agency named on the Cover Page for this Contract (the "State"). 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 Cover Page for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the "Initial Term") unless sooner terminated or further extended in accordance with the terms of this Contract. C. Extension Terms - State's Option 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, lof one year or less Commented [CW1o]: Note to Drafters: If an option will last at the same rates and under the same terms specified in the Contract (each such period an longer than 1-year, then modify this clause accordingly. "Extension Term"). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to the Sample Option Letter attached to this Contract Number: Page 3 of 23 Version 0919 Contract. 'Except as stated in §2OD, the total duration of this Contract, including the exercise Commented [CW111: Note to Drafters: Consider if the vendor of any options to extend, shall not exceed ;five years from its Effective Date absent prior will require a specific notice before this is executed and update accordingly. approval from the Chief Procurement Officer in accordance with the Colorado Procurement Commented [CW12]: Note to Drafters: Modify this section to Code. the amount of time contained in the appropriate solicitation if one was conducted. 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 §14, may unilaterally extend such Initial Term or Extension Tet in for a period not to exceed two months (an "End of Term Extension"), regardless of whether additional Extension Terms are available or not. 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 this 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 teiniinated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Contract by the State for breach by Contractor, which shall be governed by § 12OA. io i. Method and Content The State shall notify Contractor of such termination in accordance with §14. 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 tetttination notice for termination in the public interest, Contractor shall be subject to the rights and obligations set forth in §12.A. iLae iii. Payments If the State terminates this Contract in the public interest, the State shall pay Contractor an amount equal to the percentage of the total reimbursement payable under this Contract that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Contract is less than 60% completed, as determined by the State, the State may reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Contract, incurred by Contractor which are directly attributable to the uncompleted portion of Contractor's obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor hereunder. 3. DEFINITIONS The following terms shall be construed and interpreted as follows : Contract Number: Page 4 of 23 Version 0919 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. Commented [CW13]: Note to Drafters: You may Modify the definition of a "Business Day" if the type of work requires C . "Chief Procurement Officer" means the individual to whom the Executive Director has Contractor to operate on days that are normally not business days . When doing so determine if the change will impact the entire delegated his or her authority pursuant to §24- 102-202(6), C .R.S . to procure or supervise the contract where the term "Business Day" is used or if you need to procurement of all supplies and services needed by the state . create a different term for certain portions (such as --operating Day") if the vendor will work on certain days. but we may want to still use D. "CJI" means criminal justice information collected by criminal justice agencies needed for this definition of "Business Day" to count certain time periods. 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 . Commented [CW14]: Note to Drafters: If your contractor will have no access to any CJI- then this definition may be removed. 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. 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. "COLA" 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. 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 Infortrration Technology Project, as defined in §24-37.5- 102(2.6), C :R.S., then the 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 Page for this Contract. J. "Exhibits" means the exhibits and attachments included with this Contract as shown on the Cover Page for this Contract. K. "Extension Tenn" 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 infoi [nation 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 Contract Number: Page 5 of 23 Version 0919 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 §20W 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. I Commented [CW15]: Note to Drafters: If your contractor will have no access to any PCI, then this definition may be removed. Q. "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual' s identity, such as name, social security number, date and place of birth, mother' s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in § §24-72-501 and 24-73 - 101 , C.R. S . R. "PHI" means any protected health information, including, without limitation any infor illation whether oral or recorded in any fotnl or medium: (1) 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.l Commented [CW16]: Note to Drafters: If your contractor will have no access to any PHI, then this definition may be removed. S . "Services" means the services to be performed by Contractor as set forth in this Contract, If Contractor will be a Business Associate of the state as a Covered and shall include any services to be rendered by Contractor in connection with the Goods. Entity for HIPAA purposes, then include a HIPAA BAA as well. 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,! and State personnel records not subject to disclosure under Commented [CW17]: Note to Drafters: Remove these as CORA. State Confidential Information shall not include information or data concerning appropriate based on your removal of the definitions of these terms above_ 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. Contract Number: Page 6 of 23 Version 0919 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 .1 Commented [CW18]: Note to Drafters: If your contractor will have no access to any Tax Information, then this definition may be Z. "Work" means the Goods delivered and Services performed pursuant to this Contract. removed. AA. "Work Product" means the tangible and intangible results of the Work, whether finished or If federal tax information will be included as part of the contract, then include all required Confidentiality of Taxpayer Certifications. 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`Exhibit The State shall have no liability to compensate Contractor for the delivery Commented [CW19]: Note to Drafters: Update this to address of any goods or the performance-of any services that are`not specifically set forth in this Contract. any other exhibits as This necessary based on where the statement f of ";-;.. work is described. This. is important. so that the Statement'of Work is properly referenced in the contractual language, • 5. PAYMENTS TO CONTRACTOR A. Maximum Amount . g Payments to:Contractor ate limited to" the .unpaid, obligated balance of the Contract Funds. „JThe State shall not pay Contractor any amount under this Contract that exceeds the Contract Maximum for that State Fiscal Year shown on the Cover Page for this Contract. Commented [CW2o]: Note to Drafters: With. prior CCU approval, for contracts that have continuous funding and will span B. Payment Procedures multiple State Fiscal Years, this may be modified to remove the reference to the state fiscal year. i. Invoices and Payment • a. The•State shall-pay Contractor in the amounts and in accordance with the schedule and other conditions set forth in Exhibit Al. Commented [CW21]: Note to Drafters: If all payment conditions will be included here in the body of the contract instead b. Contractor shall initiate payment requests by invoice to the State, in a form and of exhibit A, then modify this section as appropriate to describe all manner approved by the State. necessaty payment conditions, including when and for what payments will be made. If the payment provisions will be included in a. different exhibit, then update the reference to those exhibits c. The State shall pay each invoice within 45 days following the State's receipt of accordingly. that invoice, so long as the amount invoiced correctly represents Work completed by Contractor and previously accepted by the State during the tenu 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 this Contract. Contract Number: Page 7 of 23 Version 0919 ii. Interest Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1 % per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Contractor shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day' s interest to be paid and the interest rate. iii. Payment Disputes If Contractor disputes any calculation, determination or amount of any payment, Contractor shall notify the State in writing of its dispute within 30 days following the earlier to occur of Contractor's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Contractor, and may make changes to its determination based on this review. The calculation, dete ntination 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. 6. REPORTING - NOTIFICATION A. Quarterly Reports. In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any contract having a term longer than three months, Contractor shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Contract. Such progress report shall be in accordance with the procedures Commented [CW22]: developed and prescribed by the State. Progress reports shall be submitted to the State not Note Drafters: This is the minimum with reporting to comply with Fiscal Rule 3-1, but may be later than five Business Days following the end of each calendar quarter or at such time as deleted if more detailed reports that comply with that Fiscal Rule are included in the Statement of Work or if the total term of the contract otherwise specified by the State. will be three months or less. Contract Number: Page 8 of 23 Version 0919 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 10 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 Cover Page for this Contract. C. Performance Outside the State of Colorado or the United States, §24-102-206, C.R.S. To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor shall provide written notice to the State, in accordance with §14 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 relatin'to the Work (the "Contractor Records"). Contractor Records shall include all documents, "records, communications, notes and other materials maintained by Contractor that relate to arty _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 cctir of: (i) the, date three years after "the "date this Contract expires or is terminated, (ii) fmal payment under this Contract is made, (in) the resolution of any pending Contract matters, or C►v if an audit is occurring, or "Contractor has received notice that an audit is pending, the date anch audit is completed and its fmdings have been resolved (the "Record Retention Perion' 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 two Business Days' notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, 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 Number: Page 9 of 23 Version 0919 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 INFIRMATION-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, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI liand the HIPAA Business Associate Agreement attached to this Contract' if applicable. Contractor shall Commented [CW23]: Note to Drafters: If a HIPAA BAA will immediately forward any request or _demand for State Records to the State' s principal be included in the contract then ensure that it is added to the order of precidence and the ` exhibits" definition. If the vendor will not be representative. a business associate of the state under H1PAA or will not have access to PHI, then this may be removed. B . Other Entity Access and Nondisclosure Agreements Commented [CW24]: Note to Drafters: Update this section to remove any of these special forms of data security if there is no way Contractor may provide State Records to its agents, employees, assigns and Subcontractors that Contractor will get that type of information from the State. If as necessary to perform the Work, but shall restrict access to State Confidential Information any of these are left in, ensure that the appropriate definition is left in section 5 above. 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 Contractor shall use, hold and maintain State Confidential Infoiuiation 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 Contract Number: Page 10 of 23 Version 0919 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 fmdings. E. Data Protection and Handling Contractor shall ensure that all State Records and .Work Product its 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 Contractor shall not engage in any business or activities, or maintain any relationships that conflict in ate 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. Contract Number: Page 11 of 23 Version 0919 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. 100 iINSURANCE Commented [CW25]: Note to Drafters: All questions as to whether a specific insurance applies should be directed to the State's Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, Risk Manager. Sections hsould not be removed unless you are sure that they do not apply. insurance as specified in this section at all times during the term of this Contract. All insurance J policies required by this Contract shall be issued by insurance companies as approved by the State. A. Workers ' Compensation Workers ' compensation insurance as required by state statute, and employers ' liability insurance covering all Contractor or Subcontractor employees acting within the course and scope of their employment. B . General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $ 1 ,000,000 each occurrence; ii. $ 1 ,000,000 general aggregate; iii. $ 1 ,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. x .t F.a� C . Automobile Liability Commented [CW26]: Note to Drafters: Include if appropriate to " .. i' ' the contract, otherwise remove. 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 Commented [CW27]: Note to Drafters: This can be removed if Contractor will have no access to any protected information. Liability insurance covering all loss of State Confidential Information, such as PH, API-II, PCI, Tax Infoi ination, and CJI,, and claims based on alleged violations of privacy rights through Commented [CW28]: Note to Drafters: Remove these as improper use or disclosure of protected information with minimum limits as follows: appropriate if Contractor will have no access to these types of information. i. $ 1 ,000,000 each occurrence; and ii. $2,000,000 general aggregate. E. IProfessional Liability Insurance Commented [CW29]: Note to Drafters: Include if appropriate to the contract, otherwise remove. Professional liability insurance covering any damages caused by an error, omission or any .. �, .Js•a •411'; • Sr� " S ..,'„u: ,i . negligent act with minimum limits as follows: i. $ 1 ,000,000 each occurrence; and _ = y j�..:�ss ' •, • . r,r.i �I• • .I •M 1• ' • • ,` - ran .. . • .a. 4 •• 4.•• •••. ii. $ 1 ,000,000 general aggregate. .I• rr F. (Crime Insurance Commented [CW3Q]: Note to Drafters: Include if appropriate to the contract, otherwise remove. Crime insurance including employee dishonesty coverage with minimum limits as follows : Contract Number: Page 12 of 23 Version 0919 i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. G. 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. H. 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. I. 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 stall forward such notice to the State in accordance with §14 within seven days of Contractor's receipt of such notice. J. 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. K. Public Entities If Contractor is a'rpublic entity" withinthe weaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GU"), 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 L. Certificates Contractor shall provide, to the State certificates evidencing Contractor's insurance coverage required in this Contract within seven Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within seven Business Days following the Effective Date, except that, if Contractor's subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage required under this Contract within seven Business Days following Contractor's execution of the subcontract. No later than 15 days before the expiration date of Contractor's or any Subcontractor's coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. Contract Number: Page 13 of 23 Version 0919 11 . BREACH OF CONTRACT In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Contract to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Contract in whole or in part or institute any other remedy in this 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 tenninate 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 States 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 ternn- nation. 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. Contract Number: Page 14 of 23 Version 0919 o. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State's damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Contractor's performance with respect to an 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 performedor 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. Removal Demand immediate removal of any of Contractor's employees, agents, or Subcontractors from the Work whom the State 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. e. 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 Contract Number: Page 15 of 23 Version 0919 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. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated Contract representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Contractor for resolution. B. Resolution of Controversies If the initial resolution described in §13.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 the State Agency named on the. Cover Page of this Contract 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. 14. NOTICES AND REPRESENTATIVES Each individual identified as a principal Representative on the Cover Page for this Contract shall be the principal representative of the designating Party. All notices required or permitted to be given under this Contract shallbe 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 below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page 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 fatlh on the Cover Page for this Contract. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative by notice submitted in aerdance 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. 15. 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 Contract Number: Page 16 of 23 Version 0919 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 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. Commented [011/311: Note to Drafters: If the work will not result in any deliverables (i.e. it is a performance standard based 11. Patents contract only), then this section may be removed. 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., Commented [CIA/32]: Note to Drafters: If the work would not be something that is able to be patented, then this section may be B. Exclusive Property of the State removed. 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 faun 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: (1) entered into as exhibits to this Contract; (ii) obtained Contract Number: Page 17 of 23 Version 0919 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. 160 STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is $ 100,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be governed by and comply with the provisions of § §24- 106- 103 , 24- 102-206, 24- 106- 106, and 24- 106- 107, C .R. S . regarding the monitoring of vendor performance and the reporting of contract performance information in the State's contract management system ("Contract Management System" or "CMS"). Contractor's performance shall be subject to evaluation and review in accordance with the terms and conditions of this Contract, Colorado statutes governing CMS , and State Fiscal Rules and State Controller policies. 17. 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 iContractor shall not enter into any subcontract in connection with its obligations under this Contract without the prior, written approval of the State. Contractor shall submit to the State Commented [CW33]: Note to Drafters: If you have a contract a copy of each such subcontract upon request by the State . All subcontracts entered into by `Where (1) there is low risk to having subcontractors, (2) we expect to have a significant number of subcontractors and (4 there is a Contractor in connection with this Contract shall comply with all applicable federal and state likelihood that the subcontractors will change over the course of the laws and regulations shall provide that they are governed by the laws of the State of contract, then you may remove the --prior written approval" b requirement replace it with `Contractor shall not enter into any Colorado, and shall be subject to all provisions of this Contract. subcontract in connection with its obligatoins under this contract without providing notice to the State. The State may reject any such C . Binding Effect subcontract. and Contractor shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to Except as otherwise provided in § 17AA, all provisions of this Contract, including the benefits perform any work after that Subcontractor's subcontract has been rejected by the State." 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 Number: Page 18 of 23 Version 0919 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 agreement 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 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. External Terms and Conditions i. 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 websiteor any provision incorporated into any click -through or online agreements related to the Work unless that provision is specifically referenced in this Contract. L. Severnbility 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 this Contract. M. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of this Contract shall survive the termination or expiration of this Contract and shall be enforceable by the other Party. N. 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 Contract Number: Page 19 of 23 Version 0919 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. O. Third Party Beneficiaries Except for the Parties' respective successors and assigns described in § 17.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 this Contract, and do not create any rights for such third parties. P. 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. Q. 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. R. 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. S. Licenses, Permits, and Other Authorizations Contractor shall secure,:prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or "subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. T. Indemnification i. General Indemnification Contractor shalt 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 unless the contractor is a public entity. ii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Contractor in violation of §$ 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 Contract Number: Page 20 of 23 Version 0919 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 unless the contractor is a public entity . iii. 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 unless the contractor is. public entity . 18 COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APP *: OVAL. §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 finds for that purpose being appropriated, budgeted, and otherwise made available. C . GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and 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. Contract Number: Page 21 of 23 Version 0919 E. COMPLIANCE WITH LAW. Contractor shall 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 telln 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. 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, Contract Number: Page 22 of 23 Version 0919 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. [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 the contracting State agency or institution of higher education within three 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 three 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 the contracting State agency, Institution of Higher Education or political subdivision, 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., the contracting State agency, institution of higher education orpolitical subdivision 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 natural person eighteen (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. Contract Number: Page 23 of 23 Version 0919 EXHIBIT A, STATEMENT OF `WORK: Commented [CW34]: Note to Drafters: A library of common statement of work terms is available on the CCU website for use whenever a contract will have common requirement with other contracts, such as requirements for key personnel, deliverable requirements. and start-up and close-out periods. You may also include a specific section here to document changes to the standard template terms if it is appropriate to the agreement and the changes made. If that is the case, then be sure to include that section of the SoW separately in the order of precidence on the cover page as being controlling over the rest of the contract except the,,7-i:3.-;.. special provisions (which may not be modified in this matter). 49 sr. ,..r.;.,::0..,,,. y . .,.. -..,...,_„..: . . 4. -�`Jtt..�.p., ' •J.''.' Ate wm . - . i�}��,j'�� Lrl':i'niS t 1 . 'n,{ Nu-, bariss ,tt:4„aiPa ^ ,01 •:..�,41%to. a w iTiefig 1'14 4 A A r 'w • %G,,t•'-1•q• _:Lr.: 1`e�e64. .. � �4 :ewe rg ^:.,41tilt6t. , _ .‘,---,--, .,. , ----;-* .. 4. t Pr 1.,,t ";cam [v, S ►ivtk u wire, Y• . ••AL•tt•? ..�y 4'w , f 7Jri,/, • �i•I�'•.Y,. l, 20 r'j3b,liaAir '�1 0 M. , P ad1 •_tri:sefe 40 • • Exhibit A Page 1 of 1 EXHIBIT B, SAMPLE OPTION LETTER State Agency Insert Department's or ME'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 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 Exii1ration Date Month Day, Year r 1. OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the contra 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(i),Nurriber of the Original Contrat?t 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'tates stated in the -Original Contract, as amended. B. For use with Options 1B and C): In aocordarice with Section(S)Number of the Original Contract referenced above, the State hereby exercises its optioirto Increane/Decrease thegnantity of the Goods/Services or both at the rates stated in the Original Contract, as amended. ' C. For use with Option l(D): In accordance with SectionW4ftber of the Original Contract referenced above, the State hereby exercises its optiento modify the, Contract rates specified in Exhibit/Section Number/Letter. The Contract rates attached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter. D. For use with Option 1(E): In accordance with Sectron(s) Number of the Original Contract referenced above, the State herehV ,exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on InOriShart date and'end on Insert ending date atthecost/price specified in Section Number. E. Fir Use with all Options that modify the Contract Maximum Amount: The Contract Maximum Amount table en the Contract's Suture and Cover Page is hereby deleted and replaced with the Current Contract Maxrmtun Amount table shown above..: 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO. Jared S. Polis, Governor INSERT -Name ofAgency'or IHE INSERT -Name & Title of Head of Agency or IHE By: Name & Title of Person Signing for Agency or IHE Date: Exhibit B Page 1 of I 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 Robert Jaros, CPA, MBA, JD By: Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval Option Effective Date: Contract Fri New Contract Request Entity Information Entity Name" Entity ID* COLORADO DEPARTMENT OF HUMAN @10003650 SERVICES Contract Name* COLORADO COMMUNITY RESPONSE 2021 BID Cantraa Status CTB REVIEW ❑ New Entity? Contract ID 4547 Contract Lead* APEGG Contract Lead Email apegg@weldgov.com; cobbx xlkglvt+eldgov.com Parent Contract ID Requires Board Approval „t,rS Department Project # Contract Description* THE DEPARTMENT OF HUMAN SERVICES REQUESTS TO BID FOR THE COLORADO DEPARTMENT OF HUMAN SERVICES' COLORADO COMMUNITY RESPONSE RFP. TERM_ JULY 1, 2021 THROUGH JUNE 30, 2022. Contract Description 2 THE PA IS BEING ROUTED THROUGH THE NOR/vIAL PROCESS. ETA TO CTB: MARCH 11, 2021. Contract Type's APPLICATION Amount* $175,000.00 Renewable NO latic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HurnanServicesOweldgov. co rn Department Heat! Email CM-HumanService;s- DeptHead,15 weIdgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYgWELDG OV. COM Requested ROCC Agenda Date* 03/17/2O21 Due Date 03/13/2021 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 1D If this is part of a MSA enter bASA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Date Termination Notice Contact info Conta Purc A Approval Process H JAMIE ULRICH DH 03/09/2021 [late Final Approval BOCC Apps Tyler x AG 031721 t7CC Signed Date C Agenda Date 17/2021 grt APEGG Fin Approver CHRIS D`OVIDIO Legal Counsel GAGE KAL©USEK '...aie 05/02/2022 Committed De Contact Type Purchasing Finance Apprrs Date 03/11/2021 Renewal Date on 06/30/2022 Contact Phone 1 Contact Phone 2 Counsel ed Hate 03/1612021 Hello