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HomeMy WebLinkAboutbocc.con.040.23 Pitkin County Procurement Cover Sheet Contract Information Contract Number 040.23 Agency Name FocusedKids™ Budget Line Item 11631196.581000 Awarded Amount $15,000.00 Contract Start Date 1/1/2023 Contract End Date 12/31/2023 Contact Information Department Healthy Community Fund County Representative Lindsay Maisch Representative Phone 970-920-5766 Contract Value Summary Schedule Date Amount Notes Status 3/1/2023 $15,000.00 Scheduled Procurement Method – HCF Board Approval Contract Type – Grant Award PITKIN COUNTY HEALTH AND HUMAN SERVICES GRANT AWARD FOCUSEDKIDS™, 2023 Contract Number 040.23 Ledger Number 11631196.581000 This Grant is made as of the date last below signed between Pitkin County, herein referred to as “County”, and FocusedKids™ hereafter referred to as “Agency”. Whereas FocusedKids™, a private non-profit agency, Mission Statement: The FocusedKids mission is to partner with schools, families, and community organizations to make healthy brains a priority for our children. We are instilling mindful self-regulation skills and brain-building techniques into daily routines to increase academic potential, self-awareness, and resiliency. Vision: To equip children and adults in their lives with deep neurological wiring that promotes mental and physical well-being skills to last a lifetime. Values: The path to health equity is achieved by supporting all ethnicities in building personal health and self-advocacy. Offer a program that is available to anyone at little or no cost. Appeal: When children understand how their brains work and are taught how to create and develop a growth mindset (believing that your brain can grow and you can learn many new things), they are more apt to make the necessary behavioral changes needed for successful learning and healthy relationships., and whereas Pitkin County wishes to award a grant for the provision of these services. 1. Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of the Agreement, the term of this Agreement shall continue from 1/1/2023, to 12/31/2023, subject to budget appropriation, compliance with contract obligations, and Board of County Commissioners’ approval each year. 2. Agency Obligations: Agency shall: a. Strictly adhere to all applicable federal, state and local laws or regulations that have been or may hereafter be established. b. Compliance with House Bill 06-1023. Perform the following verifications to comply with House Bill 06-1023: Grantees who provide a benefit to persons over the age of 18 years of age and which require an individual application from the person who will receive a benefit, are required to verify the applicant’s legal presence in the United States. The verification of lawful presence requires all applicants 18 years of age or older to: i. Produce a valid Colorado driver’s license or a Colorado identification card; or a United States military card or military dependent’s identification card; or a United States Coast Guard Merchant Mariner card; or a Native American Tribal document; and ii. Execute an affidavit stating that applicant is a United States citizen or legal permanent resident; or that applicant is otherwise lawfully present in the United States pursuant to Federal law. c. Be lawfully prohibited, pursuant to Article 76.5 of Title 24, C.R.S., from providing a Federal public benefit or a state or local public benefit in violation of paragraph (b) of this section. i. Statutory Exceptions: Excepted from this requirement are the following types of benefits: 1. Services for children under age 18; 2. Obtaining health care items and services necessary for treatment of an emergency medical condition of the person involved and not related to an organ transplant; 3. Short-term, in-kind, non-cash emergency disaster relief; 4. Public health assistance for immunizations, with respect to immunizable diseases and for testing and treatment of symptoms of communicable disease, whether or not such symptoms are caused by immunizable diseases; 5. Programs, services or assistance such as soup kitchens, crisis counseling and intervention; 6. Prenatal care. d. Public Grants for Services. CRS §8-17.5-101. [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] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee: i. shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this Grant is being performed ii. shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant iii. shall terminate the subgrant if a Subgrantee 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 CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. e. The Agency shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. f. Hold and maintain for the term hereof the necessary licenses(s) as specified under State law, which permits the performance of the service(s) to be provided herein. g. Shall maintain an affordable sliding-fee scale schedule for its services in order to accommodate low-income individuals. h. Subcontracts utilized by the Agency shall be subject to the requirements of the Grant as listed here, and the Agency is responsible for the performance of any subcontractor. i. Abide by all applicable provisions of the Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title XX of the Social Security Act of 1975 as revised. j. Maintain written requirements for safeguarding client information and comply with the same. k. Maintain service program records, fiscal records, documentation and other records relevant to this Grant for the duration of the grant plus six years. The above shall be subject at all reasonable times to inspections, review or audit by Federal, State or County personnel, and other persons authorized in writing by the County. l. Provide the services at the location as shown as the address of the Agency or whatever is appropriate for that service within Pitkin County. m. Provide the service(s) described herein at a cost not greater than charged to other persons. n. Provide semi-annual Performance Measure reports and Financial Reports. These reports will include the number of unduplicated clients who live and/or work in Pitkin County served by the Agency’s program(s). This report schedule will repeat annually and is subject to change. i. The first report, the mid-year report, is due the first Monday of August of the current contract year for the first six months of the grant year ii. The second report is due the first Monday of February following the contract year, for the entire period of the grant year. iii. The reports will include Agency’s annual goals and actual results year-to-date, as well as an explanation of any variances observed and the steps that are to be taken to address those variances. o. Agency, which falls under the Goal area of Education and Cultural Treasures, shall manage the supplied grant funds responsibly and measurably to ensure that the mission, goals, and outcomes listed on the application are met to the satisfaction of the granting agency. Failure to report on requested outcomes outlined in the application, mid-year report, and year-end report may result in forfeiture of grant funds. 3. Pitkin County’s Obligations: a. County agrees to grant $15,000.00 to FocusedKids™ as approved in the County’s annual budget, which was approved by the Board of County Commissioners. b. The total amount of this contract shall not exceed $15,000.00 cash maximum during the contract term, and in the case of 3-year partnerships, is subject to budget appropriation, compliance with contract obligations, and Board of County Commissioners’ approval each year. Please reference the Contract Value Summary table located on the cover sheet for amount breakouts by year if applicable. The County will pay Agency the total amount of this grant on or before the last day of March of the contract year, or if the grant amount is over $30,000, the County will pay Agency in semi-annual payments on the last day of March and September of the contract year. Payment is contingent upon receipt of mutually agreed upon Performance Measures and satisfactory semi-annual reports as outlined in section 2(n) of this contract. The return of a completed contract is required in order to receive payment. 4. General Provisions a. The Parties to this Grant intend that the relationship between them contemplated by the Grant is that of independent agency. No agent, employee, or servant Agency will be solely and entirely responsible for its acts and the act of its agents, employees, servants and subcontractors during the performance of the Grant. b. Payment pursuant to the Grant, if in County, State or Federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability and appropriation of County funds for the purpose thereof. c. This Grant constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Agency understands that no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a Grant or to modify the terms of this Grant on behalf of the County. Any such Grant or modification to this Grant must be in writing and be executed by the parties hereto. 5. Agency Obligation. If Agency shall default in the performance of Agency’s Obligations pursuant to the terms of this Agreement, and/or fails to provide an accounting or use or appropriation of monies granted in the manner in which such accounting was represented to the County, Agency shall have the right to cure said default after written notice by the County of the default to Agency. If Agency fails to cure such default within sixty (60) days after written notice is given from the County to Agency specifying the nature of such default (or if such default cannot be cured within the aforesaid period of time, if the Agency shall fail to promptly commence to cure the same and to thereafter diligently proceed with such cure), County shall reserve the right to cancel this Agreement and make a demand for the return of all monies that County determines, at its sole discretion, were not appropriated in accordance with this Agreement. Written notice of default and cancellation shall be made to Agency by first class mail, postage prepaid and by certified mail, return receipt requested, to the following address: Kathy Hegberg, M.A. Executive Director FocusedKids™ 140 River Oaks Lane Basalt, CO 81621 6. Entire Agreement: This Agreement constitutes the full and complete Agreement of the parties hereto and shall not be modified except by a written agreement signed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORADO By: DRS DRSDATE Lindsay Maisch Date Director of Human Services FocusedKids™ By: VS VSDATE Kathy Hegberg, M.A., Date Executive Director Jan-10-2023 Jan-10-2023