HomeMy WebLinkAbout20131982.tiffRESOLUTION
RE: APPROVE THREE (3) COLORADO WORKS PROGRAM AND CHILD WELFARE
AGREEMENTS FOR SERVICES AND LEASES WITH VARIOUS PROVIDERS 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 three (3) Colorado Works Program and
Child Welfare Agreements for Services and leases between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and the following providers, entities, and departments,
commencing July 1, 2013, and ending June 30, 2014, with further terms and conditions being as
stated in said agreements and leases, and
1. North Range Behavioral Health
2. Department of Public Health and Environment
3. Weld County School District RE -8
WHEREAS, after review, the Board deems it advisable to approve said agreements and
leases, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the three (3) Colorado Works Program Agreements and Child
Welfare for Services and leases between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Human
Services, and the abovementioned providers, entities, and departments be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements and leases.
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2013-1982
HR0084
THREE (3) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES
WITH VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of July, A.D., 2013, nunc pro tunc July 1, 2013.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy CI
n y Attorney
Date of signatur= `" 15
BOARD OF COUNTY COMMISSIONERS
WELD CQH&FX,.-COLORADO
William F. Garcia, Chair
OJ ripe
Doug astRademach'e Pro-Te m�
P. Conway
-1Z0
Freeman
arbara Kirkmeyer
2013-1982
HR0084
MEMORANDUM
DATE: July 25, 2013
TO: William F. Garcia, Chair, Board of County Commissioners
FROM: Judy A. Griego, Director, Human Services Deparlme
RE: Colorado Works Program Agreements for Services and
Lease between the Weld County Department of Human
Services and Various Providers
Enclosed for Board approval are Colorado Works Program Agreements for Services and Lease
between the Weld County Department of Human Services and Various Providers. These Agreements
were reviewed under a Pass -Around Memorandum dated August 21, 2013, and approved for
placement on the Board's Agenda.
The Department wishes to continue to enter into Colorado Works Program and Child Welfare
Agreements for Services. The goal of the program continues to be to intervene successfully with
families in the least intrusive manner while maximizing safety before they enter the child welfare and
juvenile justice systems; and upon entry into the child welfare systems, to expedite the positive
resolution of their treatment or case plans.
The major provisions for these Agreements are as follows:
No
Contractor
Number to be Served
Maximum Contract
Amount
1
North Range Behavioral Health
1. Average caseload of up
to fifteen (15) families
monthly
2. 1-2 Group Sessions per
month
$48,105.48 per FTE for
two (2) 40 -hour FTE's
Maximum: $96,210.96
1
Weld County Public Health
1. Average caseload of up
to fifteen (15) families
monthly
2. 1-2 Group Sessions per
month
One (1) partial FTE (30 -
Hour)
Maximum: $48,105.48
2
Weld County School District
Re -8
1. Average caseload of up to
fifteen (15) families
monthly
2. 1-2 Group Sessions per
month
$48,105.48 per FTE for
two (2) 40 -hour FTE's
Maximum: $96,210.96
Human Services will provide "Office Space", as located in either the Weld County Department of Human
Services Building at 315 North 11`h Avenue, Greeley, Colorado, or the Weld County Southwest
Administration Building at 4209 WCR 24 %2, Longmont, Colorado
The term of these Agreements is from July 1, 2013 through June 30, 2014.
If you have questions, please give me a call at extension 6510.
2013-1982
Contract No.: PY13/14-CWP-25B
COLORADO WORKS PROGRAM AND CHILD WELFARE AGREEMENT FOR SERVICES AND
LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
NORTH RANGE BEHAVIORAL HEALTH
(x) Purchase of case management services
(x) Lease
Was this Agreement competitively procured?
() Yes, date procured / /
(x) No (Attach Waiver of Competitive Procurement for Colorado Works Agreement Form)
This Agreement and Lease, made and entered into the first day of July. 2013, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services", and the North Range Behavioral Health, hereafter referred to
as "Contractor".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Human Services fund resources for education,
training, and support services for Weld County's at -risk families; and
WHEREAS, positive youth development and the strengthening of families are major goals for
Colorado including Weld County; and
WHEREAS, meeting the needs of at -risk youth and their families in Weld County is a critical
issue; and
WHEREAS, Human Services and Contractor agree to a common planning goal of "intervening
successfully with families in the least intrusive manner while maximizing safety before they enter the child
welfare and juvenile justice systems; and upon entry into the child welfare systems, to expedite the positive
resolution of their treatment or case plans"; and
WHEREAS, Human Services and Contractor agree that that a multi -disciplinary approach will
assist in building a strong collaborative system on behalf of at -risk youth and their families; and
WHEREAS, Contractor is dedicated to develop and participate in the Compass: Weld County
Family Support Team, hereinafter referred to as "Compass", with other agencies that are recognized
experts in their respective fields and that are contractors under Compass; and
WHEREAS, Contractor has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of Compass to plan, collaborate, provide case management, and related
services required of Compass; and
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Contract No.: PY13/14-CWP-25B
WHEREAS, Human Services wishes to enter into an agreement and lease with Contractor to
enable Contractor facilitate the positive development of youth and the strengthening of families through
Compass.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Term
This Agreement shall become effective on July 1, 2013, upon proper execution of this
Agreement and shall expire June 30.2014 unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Contractor and Human Services in compliance with Exhibit A,
"Scope of Services," a copy of which is attached hereto and incorporated herein by reference.
3. Payment Schedule
a. Payment shall be made as described in Exhibit B, "Payment Schedule," a copy of which
is attached hereto and incorporated herein by reference.
b. Unless otherwise instructed in Exhibit B, Contractor shall submit an itemized monthly
billing to Human Services for all costs incurred pursuant to Exhibit A of this Agreement
in accordance with criteria established by Human Services. Contractor shall submit all
itemized monthly billings to the Human Services no later than the fifteenth (15) day of
the month following the month the cost was incurred. Billings must be signed by
Contractor.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to Contractor shall be made monthly by Human Services upon receipt of such
itemized billings as required under Exhibits A, and B. Payments shall be made within
thirty (30) days after receipt of the itemized billing.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent
upon the availability of Weld County funds to Human Services. The Weld County Board
of County Commissioners has approved funding as appropriate for the 2013-2014 fiscal
year.
e. Human Services shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit A, and B. Work performed prior
to the effective date of this Agreement shall not be reimbursed or considered part of this
Agreement.
Page 2 of 20
Contract No.: PY13/14-CWP-25B
4. Financial Management
At all times from the effective date of this Agreement until completion of this Agreement,
Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of Colorado.
The required annual audit of all funds expended under General Assistance must conform to
the Single Audit Act of 1984 and OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Contractor shall provide proper monthly invoices and verification of services
performed for costs incurred in the performance of the agreement.
b. Human Services may withhold any payment if Contractor has failed to comply with
the Financial Management Requirements, program objectives, contractual terms, or
reporting requirements as described in Exhibit B, 2.
6. Assurances
Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is
attached hereto and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this agreement, Contractor shall adhere to all
applicable federal and state laws, orders, and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. This includes the protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Agreement.
Contractor acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its
implementing regulation, 45 C.F.R. Part 80 et. seq.; and
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulation, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its
implementation regulation, 45 C.F.R. Part 91; and
- Title VII of the Civil Rights Act of 1964; and
- the Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
- the Employment of Illegal Immigrants, C.RS. §8-17.5-101; and
- the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable
to these laws prohibiting discrimination because of race, color, national origin, and, sex,
Page 3 of 20
Contract No.: PY13/14-CWP-25B
religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or
AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as
amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that
affirmative steps be taken to assure that small and minority businesses are utilized, when
possible, as sources of supplies, equipment, construction and services. This assurance is
given in consideration of and for the purpose of obtaining any and all federal and/or state
financial assistance.
8. Certifications
Contractor certifies that, at the time of entering into this Agreement, it has currently in effect
all necessary licenses, approvals, insurance, etc. required to properly provide the services
and/or supplies covered by this Agreement.
9. Monitoring and Evaluation
Contractor and Human Services agree that monitoring and evaluation of the performance of
this Agreement shall be conducted by Contractor and Human Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners, as
permitted by law.
Contractor shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by Contractor pursuant to the terms of this
Agreement. The monitoring agency may in its sole discretion deem it necessary or
appropriate, to examine program data, special analyses, on -site checking, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be performed in
a manner that will not unduly interfere with agreement work or with the work of Contractor.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
Il. Remedies
The Director of Human Services or designee may exercise the following remedial actions
should s/he find Contractor failed to satisfy the scope of work found in this Agreement.
Failure to satisfy the scope of work shall be defined to mean incorrect or improper activities
or inaction by Contractor. These remedial actions are as follows:
a. The Director of Human Services or designee will provide written notification related to
the Contractor failure to satisfy the scope of work described in this agreement within five
business days of discovery. Contractor will provide a plan to correct their failure within
five business days of receiving notification. Nothing in this paragraph shall be construed
to prevent Human Services from implementing the immediate activation of one of the
remedies set forth in paragraphs 11.b, 11.c, or 11.d, below.
b. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
Page 4 of 20
Contract No.: PY13/14-CWP-25B
c. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
performed or if performed would be of no value to the Human Services. Denial of the
amount of payment shall be reasonably related to the amount of work or deliverables lost
to Human Services;
d. Incorrect payment to Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement
or other agreements between Human Services and Contractor, or by Human Services'
initiation of a civil action to recover the funds as a debt due to Human Services or
otherwise as provided by law.
12. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing a new or substitute representative(s):
For Human Services:
Heather Walker, Adult
Protection and Child
Welfare Division Manager
P.O. Box A
Greeley. CO 80632
(970)352-1551, x6218
13. Notice
For Contractor:
Susan Stone, Administrative
Director
1300 North 17°i Avenue
Greeley, CO 80631
(970)347-2120,x2413
All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing a substitute person(s) or address to whom such notices shall be
sent:
For Human Services: For Contractor:
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
(970) 352-1551
14. Litigation
Larry Pottorff, Executive
Director
1300 North 17'h Avenue
Greeley, CO 80634
(970) 347-2120
Contractor shall promptly notify Human Services in the event that Contractor learns of any
actual litigation in which it is a party defendant in a case, which involves services provided
under this Agreement. Contractor, within five (5) calendar days after being served with a
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Contract No.: PY13/14-CWP-25B
summons, complaint, or other pleading which has been filed in any federal or state court or
administrative agency, shall deliver copies of such document(s) to the Human Services'
Director. The term "litigation" includes an assignment for the benefit of creditors, and filings
in bankruptcy, reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party giving thirty (30) days written
notice to the individuals identified in paragraph 13. No portion of this Agreement shall be
deemed to create an obligation on the part of the County of Weld, State of Colorado, to
expend funds not otherwise appropriated in each succeeding year, as this Agreement is
subject to the availability of funding. Therefore, Human Services may terminate this
Agreement at any time if the source of funding for the services made available to Contractor
is no longer available to the Department. Contractor reserves the right to suspend services to
clients if funding is no longer available.
16. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
17. Governmental Immunity
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, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
18. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
19. Partial Invalidity of Agreement
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
Page 6 of 20
ContractNo.: PY13/14-CWP-258
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
20. Improprieties
No officer, member or employee of Weld County and no member of their governing bodies
shall have any pecuniary interest, direct or indirect, in the approved Agreement or the
proceeds thereof.
The Appearance of Conflict of Interest applies to the relationship of a Contractor with the
Department when the Contractor also maintains a relationship with a third party and the two
relationships are in opposition. In order to create the appearance of a conflict of interest, it is
not necessary for the Contractor to gain from knowledge of these opposing interests. It is
only necessary that the Contractor know that the two relationships are in opposition. During
the term of the Agreement, Contractor shall not enter any third party relationship that gives
the appearance of creating a conflict of interest. Upon learning of an existing appearance of a
conflict of interest situation, Contractor shall submit to the Department, a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure
to promptly submit a disclosure statement required by this paragraph shall constitute grounds
for the Department's termination, for cause, of its Agreement with Contractor.
Contractor certifies that federal appropriated funds have not been paid or will be paid, by or
on behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, loan, grant, or cooperative agreement.
21. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement Except for purposes directly connected with
the administration of Child Protection, no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian unless in accordance with Contractor's
written policy governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents, and sub -contractor, if any, that they are subject
to these confidentiality requirements. Contractor shall provide its employees, agents, and sub-
contractors, if any, with a copy or written explanation of these confidentiality requirements
before access to confidential data is permitted. Contractor shall have its employees, agents,
and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy
of such agreement to the Department, if requested.
22. Proprietary Information
Proprietary information for the purposes of this Agreement is information relating to a party's
research, development, trade secrets, business affairs, internal operations and management
procedures and those of its customers, clients or affiliates, but does not include information
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Contract No.: PY 13/14-CWP-25B
(1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that
which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization
any proprietary information concerning the other party obtained as a result of this Agreement.
Any proprietary information removed from the Department's site by Contractor in the course
of providing services under this Agreement will be accorded at least the same precautions as
are employed by Contractor for similar information in the course of its own business.
23. Independence of Contractor: Not Employee of Weld County
Contractor agrees it is an independent contractor and that its officers and employees do not
become employees of Weld County, nor are they entitled to any employee benefits as Weld
County employees, as the result of the execution of this Agreement.
24. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and Contractor, concerning this
Agreement, the parties agree that Weld County shall not be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of Contractor.
25. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed or
modified except as stated in Paragraph 10 herein. This Agreement shall be binding upon the
parties hereto, their successors, heirs, legal representatives, and assigns. CONTRACTOR or
the Department may not assign any of its rights or obligations hereunder without the prior
consent of both parties.
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Contract No.: PY13/14-CWP-25B
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk te1 e Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
Page 9 of 20
a
By:
BOARD OF COUNTY
COMMISSIONERS
WELD COUN su OLORADO
Liam F. Garcia, al
JUL 2 9 2013
NORTH RANGE BEHAVIORAL
HEAL H
XeoL5 -/flt
Contract No.: PY13/14-CWP-25B
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest in developing a Compass: Weld County Family Support
Team program, hereinafter referred to as "Compass", through a collaborative partnership in the interest of
positive youth development and the strengthening of families for eligible Colorado Works Program youth
or youth eligible under other Child Welfare programs.
1. General Description of Services
A. Contractor and Human Services collaboratively will develop and refine Compass quality
services and evidence -based practices and outcomes in the areas of:
1) A community -wide system to meet the needs of families at risk.
2) Specific family services plans that incorporate access to existing community
services and the development of new service alternatives to address:
drug and alcohol issues including utilization of Detox, youth services,
education groups, support groups, Alcoholics Anonymous, assessment
and testing; and
mental healthissues including assessment, individual treatment,
medication evaluations, psychological evaluations; and
mediation/mentoring issues including family group conferencing,
mediation, teen parenting classes; and
educational and employment issues including interfacing with schools
and facilitating extracurricular recreational activities; and
community issues including collaboration between various agencies
and coordination of mentoring, counseling and other activities
especially for south Weld County; and
juvenile delinquency issues including assessment, case management,
supervision, restorative justice, and other related activities.
3) Comprehensive case management services, as outlined in the 2013 Compass
Operational Manual; including interviewing, making appropriate home visits,
accepting the assignment of specific cases for purposes of connecting services
outlined in the family services plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
4) Psychosocial educational groups that provide prevention messages around
subjects such as substances abuse, suicide, domestic violence, unhealthy
lifestyles, child maltreatment, and/or anger management.
B. Contractor would be unable to provide full participation to this project without program
development funds to be made available under this Agreement. Resources from this
Agreement will allow Contractor to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
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Contract No.: PY13/14-CWP-25B
C. The aforementioned 2013 Compass Operational Manual and the 2013-2014 Compass
Mentors Program Manual will be provided to the Contractor by the Human Services
Prevention Services Unit Manager at the onset of this Agreement.
2. Scope of Services
At a minimum, Compass, through its collaboration between Contractor and Human Services, will
document if:
A. The project successfully reduced the number of open cases in the child welfare system or
adjudicated youth in the juvenile justice system.
B. The project successfully reduced high cost services, such as out -of -home placement,
detention, or DYC Commitment.
C. The project successfully focused resources within Human Services and Contractor to
continue the Compass project.
D. The project successfully developed a better system design to meet the needs of the youth
and families in regards and, at a minimum, to:
1) Keep families together through a better utilization of existing community
resources to avoid the opening of a case in the child welfare and juvenile justice
systems.
2) Increased school attendance.
3) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
3. Youth and Families to be Served
Contractor agrees to serve an average caseload of up to fifteen (15) families monthly,
unduplicated, per FTE, through case management services unless Contractor does not provide a
full year of services or provides a partial FTE. Contractor also agrees to facilitate one (1) to two
(2) groups either monthly or per curriculum, per FTE. The number of eligible youth and families
will be prorated based on the time period that Contractor provided Compass services and/or the
corresponding FTE.
4. Eligibility for Funding Under Colorado Works
Human Services shall be responsible for identifying and referring families who are eligible for the
project. The eligible families include:
1) Families who are not involved with child welfare or the juvenile justice system, with
children/youth currently enrolled in school if 18; or
2) Between the ages of 18 and 19 and a full-time student in a secondary school or in the
equivalent level of vocational or technical training (including obtaining a General
Equivalency Diploma-GED) and expected to complete the program before age 19. Such
youth are eligible while making satisfactory progress and through the month of
completion of such schooling or until the time it is discovered they will not graduate
before his or her 19th birthday, as defined under Volume 3.601.
3) Families, with children/youth ages 6-19, who require intervention that focuses on the
family unit, as well as the needs and aspirations of the family.
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Contract No.: PY13/14-CWP-25B
4) Families who are applicants of or receiving TANF, Medicaid, and Food Stamps and have
incomes below 185% of poverty level or annual income of $75,000.00 or less per year; or
5) Families who are non -custodial parents and are unemployed or underemployed and have
incomes below 185% of poverty level or annual income of $75,000.00 or less per year; or
6) Families who meet the eligibility standards under Sections 6.002.1, D; Section 6.0093;
and Section 6.027.4, Weld County Department of Human Services' Operations Manual.
5. Eligibility for Other Child Welfare Funding
Human Services shall be responsible for identifying and referring families who are eligible
for the project. The eligible families include:
A. Families who are not involved with child welfare or the juvenile justice system, with
children/youth currently enrolled in school if 18; or
B. Between the ages of 18 and 19 and a full-time student in a secondary school or in the
equivalent level of vocational or technical training (including obtaining a General
Equivalency Diploma-GED) and expected to complete the program before age 19. Such
youth are eligible while making satisfactory progress and through the month of
completion of such schooling or until the time it is discovered they will not graduate
before his or her 19'h birthday, as defined under Volume 3.601.
C. Families, with children/youth ages 6-19, who require intervention that focuses on the
family unit, as well as the needs and aspirations of the family.
D. Families who meet the eligibility standards under Sections 6.002.1, D; Section 6.009.3;
and Section 6.027.4, Weld County Department of Human Services' Operations Manual.
E. Families who meet the eligibility requirements of Program Area Three (PA3), Program
for Children and Families at Risk of Involvement with Child Welfare, under Volume
7.200 (12 CCR 2509-3).
F. Families who meet the rules and requirements governing the specific funding stream
utilized.
6. Role of Human Services and Lease of Office Spaces
A. Human Services will administer, organize the planning and implementation of the
programs to be offered, provide written policies as approved by the Board of County
Commissioners, and document the outcomes of the project.
B. Human Services will assign its Manager(s) to assist in the development and
implementation of the assessment team and assignment of cases for Contractor.
C. Human Services will be responsible for the identification and referral of youth and
families the Compass Assessment Team, and assignment of cases to Contractor.
D. Human Services will meet as needed with assigned contracted staff. Human Services
will manage weekly team meetings to be held at Human Services. Human Services will
manage at least monthly meetings to be held between the assigned Contractor
managerial/supervisory staff person with Human Services Manager(s) to promote quality
communication and resolve implementation issues.
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ContractNo.: PY13/14-CWP-25B
E. Human Services will administer and provide funding for direct services to Compass
clients, as authorized by Human Services, and which are not duplicative of existing
community resources, identified as a result of the Compass recommended treatment plan
options.
F. Human Services, as the Lessor, will provide "Office Space", located in the Weld County
Department of Human Services Building at 315 North 11`h Avenue, Greeley, Colorado,
hereinafter referred to as "the Premises," as follows:
1) Human Services, as the Lessor, will provide one work space to Contractor, as
Lessee, which will be located at the Southwest Premises and will provide one
work space to be located at the Premises.
2) In consideration of leasing of the aforesaid, the parties covenant and agree as
follows:
a. Human Services will charge no rent to Contractor for use of the Office
Space;
b. Contractor agrees to use ordinary care when using the Office Space;
c. Contractor may not sublet any part of the Office Space;
d. Contractor may not use the Office Space for any purpose other than
conducting the business and duties under this Agreement;
e. Contractor shall keep the Office Space clean and in sanitary condition;
f. Contractor shall allow Human Services any reasonable hour of the day
to enter into or upon the Office Space.
g.
Contractor shall be responsible for loss or damage of equipment. Any
time a Laptop Computer that is assigned to a Contractor staff member,
who is acting in his or her capacity as a Compass worker, is lost or
damaged, the situation will be assessed on a case -by -case basis with
regard to whether the Compass worker will be issued another Laptop
Computer and/or whether Contractor will be required to reimburse the
County for the lost or damaged equipment.
h. Human Services shall pay all utilities and trash removal expenses.
3) Furthermore, the parties hereto agree as follows:
a. That no assent, express or implied, to any breach of any one or more of
the covenants or agreements hereof shall be deemed or taken to be a
waiver or any succeeding or other breach;
b. That, to the extent permitted by law, Contractor agrees to indemnify,
save, and hold harmless Human Services from any and all loss, injury,
or damage whatsoever, to all office equipment, furniture, equipment,
office supplies and other personal property owned by Contractor or its
employees as the result of fire, flood, inclement weather, or other
casualty, other than by negligence of Human Services;
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Contract No.: PY13/14-CWP-25B
c. That Human Services shall own and maintain the filing cabinets and
computer systems including computers, modems, printers, and
associated computer equipment, used in the Office Space, unless
provided by Contractor;
d. That Contractor's employees shall escort all Compass clients to and
from the Office Space and reception area;
e. Human Services shall pay for the use of the telephones and all
miscellaneous office supplies used by Contractor, including
photocopying for purposes of Compass functions only.
4) Human Services will provide training to the Contractor Compass Employee
regarding the operations manual, the database, case documentation, treatment
planning, community resources, team building and intervention skills.
7. Role of Contractor
A. Contractor agrees to participate in the four functions of the project as follows:
1) As a policy and program developer and planning partner for the project by
attending meetings or utilizing other forms of communication at least monthly
with assigned Human Services Manager(s).
2) As a member of Compass to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
Compass Operational Guidelines, as revised, and to develop appropriate
treatment plans for youth and families through FTE commitment by Contractor.
Contractor agrees to comply with the Compass Operational Guidelines, as
revised, and Compass participation standards through a Memorandum of
Understanding with Contractor through its assigned supervisor/manager and
employee(s).
3) As a case manager to provide intervention, connection skills for program
services and post -participation services, as appropriate and recommended by
Compass. Contractor assigned employees will assist clients in finding
counseling, basic needs and other related family support information and
services. This may include information on linkages, primarily in South Weld
County, to other organizations providing community resources and family
support.
4) As a community resource for appropriate services, including Medicaid services,
to meet the requirements of treatment plans.
B. Contractor agrees to serve an average caseload of up to fifteen (15) families monthly,
unduplicated, per FTE, through case management services unless Contractor does not
provide a full year of services or provides a partial FTE. Contractor also agrees to
facilitate one (1) to two (2) groups either monthly or per curriculum, per FTE. The
number of eligible youth and families will be prorated based on the time period that
Contractor provided Compass services and/or the corresponding FTE.
C. Contractor agrees to assign staff to be housed at the Department who will be familiar
with and review with the Compass worker the Compass Operational Procedures.
Contractor will also provide the Compass worker with the updates of changes to the
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Contract No.: PY13/14-CWP-25B
Procedures as provided by Human Services. Contractor agrees to ask the Human
Services manager for clarification regarding any policy or procedure that is ambiguous.
D. Contractor agrees to provide one work space, which will be located on the Contractor's
premises, for use by the assigned FTE, or partial FTE.
8. Weld County Families, Youth, and Children Commission:
Human Services and Contractor agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC) Commission to evaluate the implementation of the
Compass program.
At a minimum, the FYC Commission will document and review, at least at the end of each
program year the outcomes identified in Exhibit A, Item 2 Scope of Services.
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Contract No.: PY13/14-CWP-25B
EXHIBIT B
PAYMENT SCHEDULE
1. Payment Requirements
Expenses incurred by Contractor, in association with said project prior to the effective date of the
Agreement, are not eligible Human Services expenditures and shall not be reimbursed by Human
Services. Payment pursuant to this Agreement, if Weld County funds, whether in whole or in part,
is subject to and contingent upon the continuing availability of Weld County funds for the
purposes hereof. In the event that said funds, or any part thereof, become unavailable as
determined by Human Services, Human Services may immediately terminate this Agreement or
amend it accordingly. The Agreement would be terminated in writing and that payments shall be
made through the termination date for work that was performed.
2. Reimbursement
Human Services agrees to pay Contractor a maximum of $48,105.48 per FTE for two (2) 40 -hour
FTE, or pro -rated for a partial FTE. This reimbursement to Contractor will be made in twelve (12)
monthly installments of $4,008.79 per FTE, or pro -rated for a partial FTE, if Contractor
substantially meets the requirements of full participation on a monthly basis, as follows:
A. The assigned Contractor supervisor/manager or designee wil I have contact at least once
per month with Human Services Manager(s) responsible for the Compass program to
actively participate in the planning and implementation of Compass.
B. Contractor assigned employees who comprise the FTE, and are participating in the
required activities of Compass as demonstrated by time sheets.
C. Contractor assigned employees are providing quality data entry into the Compass data
system to document progress in serving an average caseload of up to fifteen (15) families,
unduplicated, per FTE through contacts, follow-up and case management services, on a
monthly basis.
D. Contractor facilitated one (1) to two (2) groups per month, or as determined by
curriculum, and as verified by Human Services.
3. Billing
Contractor agrees to bill Human Services monthly. Billing shall be on or about the fifteenth (15)
day of the month following the month in which the expense was incurred, and payments from
Human Services will be made within thirty (30) days following receipt of the invoice.
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Contract No.: PY13/14-CWP-25B
EXHIBIT C
ASSURANCES
1. To the extent permitted by law, Weld County, the Board of County Commissioners of Weld
County, its officers and employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of Contractor or its employees, volunteers, or agents while performing
duties as described in this Agreement. Contractor shall indemnify, defend, and hold harmless
Weld County, the Board of County Commissioners of Weld County, its employees, volunteers,
and agents for any actions taken by Contractor employees, volunteers and agents. Contractor shall
provide adequate liability and worker's compensation insurance for all its employees, volunteers,
and agents engaged in the performance of the Agreement. Upon request, Contractor shall provide
Human Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties
or their officers or employees may possess, nor shall any portion of this Agreement be deemed to
have treated a duty of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of
Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this Agreement
and each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses,
or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall
have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. Contractor assures that sufficient, auditable, and otherwise adequate records that will provide
accurate, current, separate, and complete disclosure of the status of the funds received under the
Agreement are maintained for three (3) years or the completion and resolution of an audit. Such
records shall be sufficient to allow authorized local, Federal, and State auditors and representatives
to audit and monitor Contractor.
8. All such Compass records, documents, communications, and other materials shall be the property
of Human Services and shall be retained by Human Services in a central location for a period of
four (4) years under this agreement, or for such further period as may be necessary to resolve any
matters which may be pending, or until an audit has been completed with the following
qualification: If an audit by or on behalf of the federal and/or state government has begun but is
not completed at the end of the four (4) year period, or if audit findings have not been resolved
after a four (4) year period, the materials shall be retained until the resolution of the audit finding.
9. Contractor assures that authorized local, federal and state auditors and representatives shall, during
business hours, have access to inspect and copy records, as permitted by law, and shall be allowed
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Contract No.: PY13/14-CWP-25B
to monitor and review through on -site visits, all contract activities, supported with funds under this
Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree that
monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate
funding sources. The results of the monitoring and evaluation activities shall be provided to the
appropriate and interested parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. Neither Contractor nor Human Services may assign any of its rights
or obligations hereunder without the prior written consent of both parties.
11. Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, loan, grant, or cooperative agreement.
12. Contractor assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations.
13. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency.
b. Have not, within a three-year period preceding this Agreement, been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
14. The Appearance of Conflict of Interest applies to the relationship of Contractor with Human
Services when either party also maintains a relationship with a third party and the two
relationships are in opposition.
During the term of the Agreement, neither Contractor nor Human Services shall enter any third
party relationship that gives the appearance of creating a conflict of interest. Upon learning of an
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Contract No.: PY13/14-CWP-25B
existing appearance of a conflict of interest situation, that party shall submit a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to
promptly submit a disclosure statement required by this paragraph shall constitute grounds for
termination by either party, for cause, of this its agreement.
15. Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement, as required by law.
16. Contractor certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104, requiring
criminal background record checks for all employees, contractors, and sub -contractors.
Page 19 of20
A. G` "_o, Direct
Id County Department of Human Services
Contract No.: PYI3/14-CWP-25B
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement (PY13/14-CWP-25B) was waived for the following reasons:
1. Contractor meets the criterion as a key stakeholder with regards to § 24-1.9-101, et. seq, (HB04-
1451), as it is the only behavioral health organization in Weld County and such law reflects the
principles of the Compass: Weld County Family Support Team program; and
2. Contractor is the only designated managed service organization for the provision of treatment
services for alcohol and drug abuse pursuant to section 27-80-107, C.R.S.
3. Contractor has the fiscal ability to enter into a long-term commitment (minimum of three years)
with Human Services to build a collaborative community team required of the Compass: Weld
County Family Support Team program and as demonstrated by School Contractor entering into a
tenth consecutive term, through agreement; and
Page 20 of 20
Contract No.: PY13/14-CWP-25C
COLORADO WORKS PROGRAM AND CHILD WELFARE AGREEMENT FOR SERVICES AND
LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
(x) Purchase of case management services
(x) Lease
Was this Agreement competitively procured?
( ) Yes, date procured / /
(x) No (Attach Waiver of Competitive Procurement for Colorado Works Agreement Form)
This Agreement and Lease, made and entered into the first day of July, 2013, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services", and Weld County Department of Public Health and
Environment, hereafter referred to as "Contractor".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Human Services fund resources for education,
training, and support services for Weld County's at -risk families; and
WHEREAS, positive youth development and the strengthening of families are major goals for
Colorado including Weld County; and
WHEREAS, meeting the needs of at -risk youth and their families in Weld County is a critical
issue; and
WHEREAS, Human Services and Contractor agree to a common planning goal of "intervening
successfully with families in the least intrusive manner while maximizing safety before they enter the child
welfare and juvenile justice systems; and upon entry into the child welfare systems, to expedite the positive
resolution of their treatment or case plans"; and
WHEREAS, Human Services and Contractor agree that that a multi -disciplinary approach will
assist in building a strong collaborative system on behalf of at -risk youth and their families; and
WHEREAS, Contractor is dedicated to develop and participate in the Compass: Weld County
Family Support Team, hereinafter referred to as "Compass", with other agencies that are recognized
experts in their respective fields and that are contractors under Compass; and
WHEREAS, Contractor has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of Compass to plan, collaborate, provide case management, and related
services required of Compass; and
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Contract No.: PY13/14-CWP-25C
WHEREAS, Human Services wishes to enter into an agreement and lease with Contractor to
enable Contractor facilitate the positive development of youth and the strengthening of families through
Compass.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Term
This Agreement shall become effective on July 1, 2013, upon proper execution of this
Agreement and shall expire June 30, 2014, unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Contractor and Human Services in compliance with Exhibit A,
"Scope of Services," a copy of which is attached hereto and incorporated herein by reference.
3. Payment Schedule
a. Payment shall be made as described in Exhibit B, "Payment Schedule," a copy of which
is attached hereto and incorporated herein by reference.
b. Unless otherwise instructed in Exhibit B, Contractor shall submit an itemized monthly
billing to Human Services for all costs incurred pursuant to Exhibit A of this Agreement
in accordance with criteria established by Human Services. Contractor shall submit all
itemized monthly billings to the Human Services no later than the fifteenth (15) day of
the month following the month the cost was incurred. Billings must be signed by
Contractor.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to Contractor shall be made monthly by Human Services upon receipt of such
itemized billings as required under Exhibits A, and B. Payments shall be made within
thirty (30) days after receipt of the itemized billing.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent
upon the availability of Weld County funds to Human Services. The Weld County Board
of County Commissioners has approved funding as appropriate for the 2013-2014 fiscal
year.
e. Human Services shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit A, and B. Work performed prior
to the effective date of this Agreement shall not be reimbursed or considered part of this
Agreement.
Page 2 of 20
Contract No.: PY13/I4-CWP-25C
4. Financial Management
At all times from the effective date of this Agreement until completion of this Agreement,
Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of Colorado.
The required annual audit of all funds expended under General Assistance must conform to
the Single Audit Act of 1984 and OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Contractor shall provide proper monthly invoices and verification of services
performed for costs incurred in the performance of the agreement.
b. Human Services may withhold any payment if Contractor has failed to comply with
the Financial Management Requirements, program objectives, contractual terms, or
reporting requirements as described in Exhibit B, 2.
6. Assurances
Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is
attached hereto and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this agreement, Contractor shall adhere to all
applicable federal and state laws, orders, and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. This includes the protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Agreement.
Contractor acknowledges that the following laws are included:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its
implementing regulation, 45 C.F.R. Part 80 et. seq.• and
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulation, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sec. and its
implementation regulation, 45 C.F.R. Part 91; and
- Title VII of the Civil Rights Act of 1964; and
the Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
- the Employment of Illegal Immigrants, C.RS. §8-17.5-101; and
- the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable
to these laws prohibiting discrimination because of race, color, national origin, and, sex,
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Contract No.: PY13/14-CWP-25C
religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or
AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as
amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that
affirmative steps be taken to assure that small and minority businesses are utilized, when
possible, as sources of supplies, equipment, construction and services. This assurance is
given in consideration of and for the purpose of obtaining any and all federal and/or state
financial assistance.
8. Certifications
Contractor certifies that, at the time of entering into this Agreement, it has currently in effect
all necessary licenses, approvals, insurance, etc. required to properly provide the services
and/or supplies covered by this Agreement.
9. Monitoring and Evaluation
Contractor and Human Services agree that monitoring and evaluation of the performance of
this Agreement shall be conducted by Contractor and Human Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners, as
permitted by law.
Contractor shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by Contractor pursuant to the terms of this
Agreement. The monitoring agency may in its sole discretion deem it necessary or
appropriate, to examine program data, special analyses, on -site checking, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be performed in
a manner that will not unduly interfere with agreement work or with the work of Contractor.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Human Services or designee may exercise the following remedial actions
should s/he find Contractor failed to satisfy the scope of work found in this Agreement.
Failure to satisfy the scope of work shall be defined to mean incorrect or improper activities
or inaction by Contractor. These remedial actions are as follows:
a. The Director of Human Services or designee will provide written notification related to
the Contractor failure to satisfy the scope of work described in this agreement within five
business days of discovery. Contractor will provide a plan to correct their failure within
five business days of receiving notification. Nothing in this paragraph shall be construed
to prevent Human Services from implementing the immediate activation of one of the
remedies set forth in paragraphs 11.b, 11.c, or 11.d, below.
b. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
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Contract No.: PY13/14-CWP-25C
c. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
performed or if performed would be of no value to the Human Services. Denial of the
amount of payment shall be reasonably related to the amount of work or deliverables lost
to Human Services;
d. Incorrect payment to Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement
or other agreements between Human Services and Contractor, or by Human Services'
initiation of a civil action to recover the funds as a debt due to Human Services or
otherwise as provided by law.
12. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing a new or substitute representative(s):
For Human Services:
Heather Walker, Adult
Protection and Child Welfare
Division Manager
P.O. Box A
Greeley, CO 80632
(970) 352-1551, x6218
13. Notice
For Contractor:
Debbie Drew, Director of
Nursing
1555 North 17th Avenue
Greeley, CO 80631
(970) 304-6410, x2304
All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing a substitute person(s) or address to whom such notices shall be
sent:
For Human Services:
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
(970) 352-1551
For Contractor:
Dr. Mark Wallace, Executive Director
1555 North 17th Avenue
Greeley, CO 80631
(970) 304-6410
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Contract No.: PYI3/14-CWP-25C
14. Litigation
Contractor shall promptly notify Human Services in the event that Contractor learns of any
actual litigation in which it is a party defendant in a case, which involves services provided
under this Agreement. Contractor, within five (5) calendar days after being served with a
summons, complaint, or other pleading which has been filed in any federal or state court or
administrative agency, shall deliver copies of such document(s) to the Human Services'
Director. The term "litigation" includes an assignment for the benefit of creditors, and filings
in bankruptcy, reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party giving thirty (30) days written
notice to the individuals identified in paragraph 13. No portion of this Agreement shall be
deemed to create an obligation on the part of the County of Weld, State of Colorado, to
expend funds not otherwise appropriated in each succeeding year, as this Agreement is
subject to the availability of funding. Therefore, Human Services may terminate this
Agreement at any time if the source of funding for the services made available to Contractor
is no longer available to the Department. Contractor reserves the right to suspend services to
clients if funding is no longer available.
16. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
17. Governmental Immunity
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, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
18. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
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Contract No.: PY13/14-CWP-25C
19. Partial Invalidity of Agreement
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
20. Improprieties
No officer, member or employee of Weld County and no member of their governing bodies
shall have any pecuniary interest, direct or indirect, in the approved Agreement or the
proceeds thereof.
The Appearance of Conflict of Interest applies to the relationship of a Contractor with the
Department when the Contractor also maintains a relationship with a third party and the two
relationships are in opposition. In order to create the appearance of a conflict of interest, it is
not necessary for the Contractor to gain from knowledge of these opposing interests. It is
only necessary that the Contractor know that the two relationships are in opposition. During
the term of the Agreement, Contractor shall not enter any third party relationship that gives
the appearance of creating a conflict of interest. Upon learning of an existing appearance of a
conflict of interest situation, Contractor shall submit to the Department, a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure
to promptly submit a disclosure statement required by this paragraph shall constitute grounds
for the Department's termination, for cause, of its Agreement with Contractor.
Contractor certifies that federal appropriated funds have not been paid or will be paid, by or
on behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, loan, grant, or cooperative agreement.
21. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement Except for purposes directly connected with
the administration of Child Protection, no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian unless in accordance with Contractor's
written policy governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents, and sub -contractor, if any, that they are subject
to these confidentiality requirements. Contractor shall provide its employees, agents, and sub-
contractors, if any, with a copy or written explanation of these confidentiality requirements
before access to confidential data is permitted. Contractor shall have its employees, agents,
and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy
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Contract No.: PY13/14-CWP-25C
of such agreement to the Department, if requested.
22. Proprietary Information
Proprietary information for the purposes of this Agreement is information relating to a party's
research, development, trade secrets, business affairs, internal operations and management
procedures and those of its customers, clients or affiliates, but does not include information
(I) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that
which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization
any proprietary information concerning the other party obtained as a result of this Agreement.
Any proprietary information removed from the Depai huent's site by Contractor in the course
of providing services under this Agreement will be accorded at least the same precautions as
are employed by Contractor for similar information in the course of its own business.
23. Independence of Contractor: Not Employee of Weld County
Contractor agrees it is an independent contractor and that its officers and employees do not
become employees of Weld County, nor are they entitled to any employee benefits as Weld
County employees, as the result of the execution of this Agreement.
24. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and Contractor, concerning this
Agreement, the parties agree that Weld County shall not be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of Contractor.
25. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed or
modified except as stated in Paragraph 10 herein. This Agreement shall be binding upon the
parties hereto, their successors, heirs, legal representatives, and assigns. CONTRACTOR or
the Department may not assign any of its rights or obligations hereunder without the prior
consent of both parties.
Page 8 of 20
Contract No.: PYl3/14-CWP-25C
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST:
Weld County Clerk to the Board
By:
AP
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
/ a
orney
By:
BOARD OF COUNTY
COMMISSIONERS
WELD COUN, , COLORADO
lliam F. arcia, Chair
JUL 2 9 2013
WELD COUNTY DEPARTMENT
OF PUBLIC HEALTH AND
ENVIRONMENT
Dr. Mark
Director
ace, Executive
Page 9 of 20
Contract No.: PY13/14-CWP-25C
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest in developing a Compass: Weld County Family Support
Team program, hereinafter referred to as "Compass", through a collaborative partnership in the interest of
positive youth development and the strengthening of families for eligible Colorado Works Program youth
or youth eligible under other Child Welfare programs.
I. General Description of Services
A. Contractor and Human Services collaboratively will develop and refine Compass quality
services and evidence -based practices and outcomes in the areas of:
1) A community -wide system to meet the needs of families at risk.
2) Specific family services plans that incorporate access to existing community
services and the development of new service alternatives to address:
drug and alcohol issues including utilization of Detox, youth services,
education groups, support groups, Alcoholics Anonymous, assessment
and testing; and
mental health issues including assessment, individual treatment,
medication evaluations, psychological evaluations; and
mediation/mentoring issues including family group conferencing,
mediation, teen parenting classes; and
educational and employment issues including interfacing with schools
and facilitating extracurricular recreational activities; and
community issues including collaboration between various agencies
and coordination of mentoring, counseling and other activities
especially for south Weld County; and
juvenile delinquency issues including assessment, case management,
supervision, restorative justice, and other related activities.
3) Comprehensive case management services, as outlined in the 2013 Compass
Operational Manual; including interviewing, making appropriate home visits,
accepting the assignment of specific cases for purposes of connecting services
outlined in the family services plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
4) Psychosocial educational groups that provide prevention messages around
subjects such as substances abuse, suicide, domestic violence, unhealthy
lifestyles, child maltreatment, and/or anger management.
5) Circle of Parent weekly support group for Compass clients to find and receive
support. The Compass Circle of Parent group would adhere to the guidelines set
forth in the Prevention Services Unit Circle of Parent group manual.
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Contract No.: PY13/14-CWP-25C
B. Contractor would be unable to provide full participation to this project without program
development funds to be made available under this Agreement. Resources from this
Agreement will allow Contractor to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
C. The aforementioned 2013 Compass Operational Manual and the Prevention Services Unit
Circle of Parent group manual will be provided to the Contractor by the Human Services
Prevention Services Unit Manager at the onset of this Agreement.
2. Scope of Services
At a minimum, Compass, through its collaboration between Contractor and Human Services, will
document if:
A. The project successfully reduced the number of open cases in the child welfare system or
adjudicated youth in the juvenile justice system.
B. The project successfully reduced high cost services, such as out -of -home placement,
detention, or DYC Commitment.
C. The project successfully focused resources within Human Services and Contractor to
continue the Compass project.
D. The project successfully developed a better system design to meet the needs of the youth
and families in regards and, at a minimum, to:
1) Keep families together through a better utilization of existing community
resources to avoid the opening of a case in the child welfare and juvenile justice
systems.
2) Increased school attendance.
3) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
3. Youth and Families to be Served
Contractor agrees to serve an average caseload of up to fifteen (15) families monthly,
unduplicated, per FTE, through case management services unless Contractor does not provide a
full year of services or provides a partial FTE. Contractor also agrees to facilitate one (1) to two
(2) groups either monthly or per curriculum, per FTE. The number of eligible youth and families
will be prorated based on the time period that Contractor provided Compass services and/or the
corresponding FTE.
4. Eligibility for Funding Under Colorado Works
Human Services shall be responsible for identifying and referring families who are eligible for the
project. The eligible families include:
A. Families who are not involved with child welfare or the juvenile justice system, with
children/youth currently enrolled in school if 18; or
B. Between the ages of 18 and 19 and a full-time student in a secondary school or in the
equivalent level of vocational or technical training (including obtaining a General
Equivalency Diploma-GED) and expected to complete the program before age 19. Such
youth are eligible while making satisfactory progress and through the month of
Page l 1 of 20
Contract No.: PYl3/14-CWP-25C
completion of such schooling or until the time it is discovered they will not graduate
before his or her 19th birthday, as defined under Volume 3.601.
C. Families, with children/youth ages 6-19, who require intervention that focuses on the
family unit, as well as the needs and aspirations of the family.
D. Families who are applicants of or receiving TANF, Medicaid, and Food Stamps and have
incomes below 185% of poverty level or annual income of $75,000.00 or less per year; or
E. Families who are non -custodial parents and are unemployed or underemployed and have
incomes below 185% of poverty level or annual income of $75,000.00 or less per year; or
F. Families who meet the eligibility standards under Sections 6.002.1, D; Section 6.009.3;
and Section 6.027.4, Weld County Department of Human Services' Operations Manual.
5. Eligibility for Other Child Welfare Funding
Human Services shall be responsible for identifying and referring families who are eligible
for the project. The eligible families include:
A. Families who are not involved with child welfare or the juvenile justice system, with
children/youth currently enrolled in school if 18; or
B. Between the ages of 18 and 19 and a full-time student in a secondary school or in the
equivalent level of vocational or technical training (including obtaining a General
Equivalency Diploma-GED) and expected to complete the program before age 19. Such
youth are eligible while making satisfactory progress and through the month of
completion of such schooling or until the time it is discovered they will not graduate
before his or her 19`11 birthday, as defined under Volume 3.601.
C. Families, with children/youth ages 6-19, who require intervention that focuses on the
family unit, as well as the needs and aspirations of the family.
D. Families who meet the eligibility standards under Sections 6.002.1, D; Section 6.009.3;
and Section 6.027.4, Weld County Department of Human Services' Operations Manual.
E. Families who meet the eligibility requirements of Program Area Three (PA3), Program
for Children and Families at Risk of Involvement with Child Welfare, under Volume
7.200 (12 CCR 2509-3).
F. Families who meet the rules and requirements governing the specific funding stream
utilized.
Role of Human Services and Lease of Office Spaces
A. Human Services will administer, organize the planning and implementation of the
programs to be offered, provide written policies as approved by the Board of County
Commissioners, and document the outcomes of the project.
B. Human Services will assign its Manager(s) to assist in the development and
implementation of the assessment team and assignment of cases for Contractor.
C. Human Services will be responsible for the identification and referral of youth and
families the Compass Assessment Team, and assignment of cases to Contractor.
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Contract No.: PYI3/14-CWP-25C
D. Human Services will meet as needed with assigned contracted staff. Human Services
will manage weekly team meetings to be held at Human Services. Human Services will
manage at least monthly meetings to be held between the assigned Contractor
managerial/supervisory staff person with Human Services Manager(s) to promote quality
communication and resolve implementation issues.
E. Human Services will administer and provide funding for direct services to Compass
clients, as authorized by Human Services, and which are not duplicative of existing
community resources, identified as a result of the Compass recommended treatment plan
options.
F. Human Services, as the Lessor, will provide "Office Space", located in the Weld County
Department of Human Services Building at 315 North 1 l`" Avenue, Greeley, Colorado,
hereinafter referred to as "the Premises," as follows:
1) Human Services, as the Lessor, will provide one work space to Contractor, as
Lessee, which will be located at the Southwest Premises and will provide one
work space to be located at the Premises.
In consideration of leasing of the aforesaid, the parties covenant and agree as
follows:
a. Human Services will charge no rent to Contractor for use of the Office
Space;
b. Contractor agrees to use ordinary care when using the Office Space;
c. Contractor may not sublet any part of the Office Space;
d. Contractor may not use the Office Space for any purpose other than
conducting the business and duties under this Agreement;
e. Contractor shall keep the Office Space clean and in sanitary condition;
Contractor shall allow Human Services any reasonable hour of the day
to enter into or upon the Office Space.
g.
Contractor shall be responsible for loss or damage of equipment. Any
time a Laptop Computer that is assigned to a Contractor staff member,
who is acting in his or her capacity as a Compass worker, is lost or
damaged, the situation will be assessed on a case -by -case basis with
regard to whether the Compass worker will be issued another Laptop
Computer and/or whether Contractor will be required to reimburse the
County for the lost or damaged equipment.
h. Human Services shall pay all utilities and trash removal expenses.
3) Furthermore, the parties hereto agree as follows:
a. That no assent, express or implied, to any breach of any one or more of
the covenants or agreements hereof shall be deemed or taken to be a
waiver or any succeeding or other breach;
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Contract No.: PYl3/l4-CWP-25C
b. That, to the extent permitted by law, Contractor agrees to indemnify,
save, and hold harmless Human Services from any and all loss, injury,
or damage whatsoever, to all office equipment, furniture, equipment,
office supplies and other personal property owned by Contractor or its
employees as the result of fire, flood, inclement weather, or other
casualty, other than by negligence of Human Services;
c. That Human Services shall own and maintain the filing cabinets and
computer systems including computers, modems, printers, and
associated computer equipment, used in the Office Space, unless
provided by Contractor;
d. That Contractor's employees shall escort all Compass clients to and
from the Office Space and reception area;
e. Human Services shall pay for the use of the telephones and all
miscellaneous office supplies used by Contractor, including
photocopying for purposes of Compass functions only.
4) Human Services will provide training to the Contractor Compass Employee
regarding the operations manual, the database, case documentation, treatment
planning, community resources, team building and intervention skills.
7. Role of Contractor
A. Contractor agrees to participate in the four functions of the project as follows:
1) As a policy and program developer and planning partner for the project by
attending meetings or utilizing other forms of communication at least monthly
with assigned Human Services Manager(s).
2) As a member of Compass to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
Compass Operational Guidelines, as revised, and to develop appropriate
treatment plans for youth and families through FTE commitment by Contractor.
Contractor agrees to comply with the Compass Operational Guidelines, as
revised, and Compass participation standards through a Memorandum of
Understanding with Contractor through its assigned supervisor/manager and
employee(s).
3) As a case manager to provide intervention, connection skills for program
services and post -participation services, as appropriate and recommended by
Compass. Contractor assigned employees will assist clients in finding
counseling, basic needs and other related family support information and
services. This may include information on linkages, primarily in South Weld
County, to other organizations providing community resources and family
support.
4) As a community resource for appropriate services, including Medicaid services,
to meet the requirements of treatment plans.
B. Contractor agrees to serve an average caseload of up to fifteen (15) families monthly,
unduplicated, per FTE, through case management services unless Contractor does not
provide a full year of services or provides a partial FTE. Contractor also agrees to
facilitate one (1) to two (2) groups either monthly or per curriculum, per FTE. The
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Contract No:: PY 13/14-CWP-25C
number of eligible youth and families will be prorated based on the time period that
Contractor provided Compass services and/or the corresponding FTE.
C. Contractor agrees to assign staff to be housed at the Department who will be familiar
with and review with the Compass worker the Compass Operational Procedures.
Contractor will also provide the Compass worker with the updates of changes to the
Procedures as provided by Human Services. Contractor agrees to ask the Human
Services manager for clarification regarding any policy or procedure that is ambiguous.
D. Contractor agrees to provide one work space, which will be located on the Contractor's
premises, for use by the assigned FTE, or partial FTE.
8. Weld County Families, Youth, and Children Commission:
Human Services and Contractor agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC) Commission to evaluate the implementation of the
Compass program.
At a minimum, the FYC Commission will document and review, at least at the end of each
program year the outcomes identified in Exhibit A, Item 2, Scone of Services.
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Contract No.: PYl3/14-CWP-25C
EXHIBIT B
PAYMENT SCHEDULE
Payment Requirements
Expenses incurred by Contractor, in association with said project prior to the effective date of the
Agreement, are not eligible Human Services expenditures and shall not be reimbursed by Human
Services. Payment pursuant to this Agreement, if Weld County funds, whether in whole or in part,
is subject to and contingent upon the continuing availability of Weld County funds for the
purposes hereof. In the event that said funds, or any part thereof, become unavailable as
determined by Human Services, Human Services may immediately terminate this Agreement or
amend it accordingly. The Agreement would be terminated in writing and that payments shall be
made through the termination date for work that was performed.
2. Reimbursement
Human Services agrees to pay Contractor a maximum of $48,105.48 per FTE for one (1) partial
FTE (30 -Hour). This reimbursement to Contractor will be made in twelve (12) monthly
installments of $4,008.79, if Contractor substantially meets the requirements of full participation
on a monthly basis, as follows:
A. The assigned Contractor supervisor/manager or designee will have contact at least once
per month with Human Services Manager(s) responsible for the Compass program to
actively participate in the planning and implementation of Compass.
B. Contractor assigned employees who comprise the FTE, and are participating in the
required activities of Compass as demonstrated by time sheets.
C. Contractor assigned employees are providing quality data entry into the Compass data
system to document progress in serving an average caseload of up to fifteen (15) families,
unduplicated, per FTE through contacts, follow-up and case management services, on a
monthly basis.
D. Contractor facilitated one (I) to two (2) groups per month, or as determined by
curriculum, and as verified by Human Services.
3. Billine
Contractor agrees to bill Human Services monthly. Billing shall be on or about the fifteenth (15)
day of the month following the month in which the expense was incurred, and payments from
Human Services will be made within thirty (30) days following receipt of the invoice.
Page 16 of 20
Contract No.: PY13/14-CWP-25C
EXHIBIT C
ASSURANCES
1. To the extent permitted by law, Weld County, the Board of County Commissioners of Weld
County, its officers and employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of Contractor or its employees, volunteers, or agents while performing
duties as described in this Agreement. Contractor shall indemnify, defend, and hold harmless
Weld County, the Board of County Commissioners of Weld County, its employees, volunteers,
and agents for any actions taken by Contractor employees, volunteers and agents. Contractor shall
provide adequate liability and worker's compensation insurance for all its employees, volunteers,
and agents engaged in the performance of the Agreement. Upon request, Contractor shall provide
Human Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties
or their officers or employees may possess, nor shall any portion of this Agreement be deemed to
have treated a duty of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of
Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this Agreement
and each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses,
or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall
have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. Contractor assures that sufficient, auditable, and otherwise adequate records that will provide
accurate, current, separate, and complete disclosure of the status of the funds received under the
Agreement are maintained for three (3) years or the completion and resolution of an audit. Such
records shall be sufficient to allow authorized local, Federal, and State auditors and representatives
to audit and monitor Contractor.
8. All such Compass records, documents, communications, and other materials shall be the property
of Human Services and shall be retained by Human Services in a central location for a period of
four (4) years under this agreement, or for such further period as may be necessary to resolve any
matters which may be pending, or until an audit has been completed with the following
qualification: If an audit by or on behalf of the federal and/or state government has begun but is
not completed at the end of the four (4) year period, or if audit findings have not been resolved
after a four (4) year period, the materials shall be retained until the resolution of the audit finding.
9. Contractor assures that authorized local, federal and state auditors and representatives shall, during
business hours, have access to inspect and copy records, as permitted by law, and shall be allowed
Page 17 of 20
Contract No.: PY13/14-CWP-25C
to monitor and review through on -site visits, all contract activities, supported with funds under this
Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree that
monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate
funding sources. The results of the monitoring and evaluation activities shall be provided to the
appropriate and interested parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. Neither Contractor nor Human Services may assign any of its rights
or obligations hereunder without the prior written consent of both parties.
Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, loan, grant, or cooperative agreement.
12. Contractor assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations.
13. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency.
b. Have not, within a three-year period preceding this Agreement, been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
14. The Appearance of Conflict of Interest applies to the relationship of Contractor with Human
Services when either party also maintains a relationship with a third party and the two
relationships are in opposition.
During the term of the Agreement, neither Contractor nor Human Services shall enter any third
party relationship that gives the appearance of creating a conflict of interest. Upon learning of an
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Contract No.: PY13/14-CWP-25C
existing appearance of a conflict of interest situation, that party shall submit a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to
promptly submit a disclosure statement required by this paragraph shall constitute grounds for
termination by either party, for cause, of this its agreement.
15. Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement, as required by law.
16. Contractor certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104, requiring
criminal background record checks for all employees, contractors, and sub -contractors.
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Contract No.: PY13/14-CWP-25C
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement (PYl2/13-CWP-25C) was waived for the following reasons:
1. Contractor meets the criterion as a key stakeholder with regards to § 24-1.9-101, et. seq, (HB04-
1451), as it is the sole health department serving Weld County and such law reflects the principles
of the Compass: Weld County Family Support Team program; and
2. Contractor has the fiscal ability to enter into a long-term commitment (minimum of three years)
with Human Services to build a collaborative community team required of the Compass: Weld
County Family Support Team program and as demonstrated by Contractor entering into a eighth
consecutive term, through agreement.
Judy :. Grief
Wed ounty
Director,,f�r !U
epartmentVof Human Services
Page 20 of 20
Contract No.: PY13/14-CWP-25A
COLORADO WORKS PROGRAM AND CHILD WELFARE AGREEMENT FOR SERVICES AND
LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
WELD COUNTY SCHOOL DISTRICT RE -8
(x) Purchase of case management services
(x) Lease
Was this Agreement competitively procured?
( ) Yes, date procured / /
(x) No (Attach Waiver of Competitive Procurement for Colorado Works Agreement Form)
This Agreement and Lease, made and entered into the first day of July, 2013 by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services", and the Weld County School District RE -8, hereafter referred
to as "Contractor".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Human Services fund resources for education,
training, and support services for Weld County's at -risk families; and
WHEREAS, positive youth development and the strengthening of families are major goals for
Colorado including Weld County; and
WHEREAS, meeting the needs of at -risk youth and their families in Weld County is a critical
issue; and
WHEREAS, Human Services and Contractor agree to a common planning goal of "intervening
successfully with families in the least intrusive manner while maximizing safety before they enter the child
welfare and juvenile justice systems; and upon entry into the child welfare systems, to expedite the positive
resolution of their treatment or case plans"; and
WHEREAS, Human Services and Contractor agree that that a multi -disciplinary approach will
assist in building a strong collaborative system on behalf of at -risk youth and their families; and
WHEREAS, Contractor is dedicated to develop and participate in the Compass: Weld County
Family Support Team, hereinafter referred to as "Compass", with other agencies that are recognized
experts in their respective fields and that are contractors under Compass; and
WHEREAS, Contractor has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of Compass to plan, collaborate, provide case management, and related
services required of Compass; and
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Contract No.: PY13/14-CWP-25A
WHEREAS, Human Services wishes to enter into an agreement and lease with Contractor to
enable Contractor facilitate the positive development of youth and the strengthening of families through
Compass.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Term
This Agreement shall become effective on July 1, 2013, upon proper execution of this
Agreement and shall expire June 30, 2014, unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Contractor and Human Services in compliance with Exhibit A,
"Scope of Services," a copy of which is attached hereto and incorporated herein by reference.
3. Payment Schedule
a. Payment shall be made as described in Exhibit B, "Payment Schedule," a copy of which
is attached hereto and incorporated herein by reference.
b. Unless otherwise instructed in Exhibit B, Contractor shall submit an itemized monthly
billing to Human Services for all costs incurred pursuant to Exhibit A of this Agreement
in accordance with criteria established by Human Services. Contractor shall submit all
itemized monthly billings to the Human Services no later than the fifteenth (15) day of
the month following the month the cost was incurred. Billings must be signed by
Contractor.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to Contractor shall be made monthly by Human Services upon receipt of such
itemized billings as required under Exhibits A, and B. Payments shall be made within
thirty (30) days after receipt of the itemized billing.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent
upon the availability of Weld County funds to Human Services. The Weld County Board
of County Commissioners has approved funding as appropriate for the 2013-2014 fiscal
year.
e. Human Services shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit A, and B. Work performed prior
to the effective date of this Agreement shall not be reimbursed or considered part of this
Agreement.
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Contract No.: PY13/14-CWP-25A
4. Financial Management
At all times from the effective date of this Agreement until completion of this Agreement,
Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of Colorado.
The required annual audit of all funds expended under General Assistance must conform to
the Single Audit Act of 1984 and OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Contractor shall provide proper monthly invoices and verification of services
performed for costs incurred in the performance of the agreement.
b. Human Services may withhold any payment if Contractor has failed to comply with
the Financial Management Requirements, program objectives, contractual terms, or
reporting requirements as described in Exhibit B, 2.
6. Assurances
Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is
attached hereto and incorporated herein by reference.
Compliance with Applicable Laws
At all times during the performance of this agreement, Contractor shall adhere to all
applicable federal and state laws, orders, and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. This includes the protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Agreement.
Contractor acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its
implementing regulation, 45 C.F.R. Part 80 et. seq.; and
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulation, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. m. and its
implementation regulation, 45 C.F.R. Part 91; and
- Title VII of the Civil Rights Act of 1964; and
- the Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
the Employment of Illegal Immigrants, C.RS. §8-17.5-101; and
- the Education Amendments of 1972; and
Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable
to these laws prohibiting discrimination because of race, color, national origin, and, sex,
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Contract No.: PY13/14-CWP-25A
religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or
AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as
amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that
affirmative steps be taken to assure that small and minority businesses are utilized, when
possible, as sources of supplies, equipment, construction and services. This assurance is
given in consideration of and for the purpose of obtaining any and all federal and/or state
financial assistance.
8. Certifications
Contractor certifies that, at the time of entering into this Agreement, it has currently in effect
all necessary licenses, approvals, insurance, etc. required to properly provide the services
and/or supplies covered by this Agreement.
9. Monitoring and Evaluation
Contractor and Human Services agree that monitoring and evaluation of the performance of
this Agreement shall be conducted by Contractor and Human Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners, as
permitted by law.
Contractor shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by Contractor pursuant to the terms of this
Agreement. The monitoring agency may in its sole discretion deem it necessary or
appropriate, to examine program data, special analyses, on -site checking, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be performed in
a manner that will not unduly interfere with agreement work or with the work of Contractor.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Human Services or designee may exercise the following remedial actions
should s/he fmd Contractor failed to satisfy the scope of work found in this Agreement.
Failure to satisfy the scope of work shall be defined to mean incorrect or improper activities
or inaction by Contractor. These remedial actions are as follows:
a. The Director of Human Services or designee will provide written notification related to
the Contractor failure to satisfy the scope of work described in this agreement within five
business days of discovery. Contractor will provide a plan to correct their failure within
five business days of receiving notification. Nothing in this paragraph shall be construed
to prevent Human Services from implementing the immediate activation of one of the
remedies set forth in paragraphs 11.b, 11.c, or 11.d, below.
b. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
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c. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
performed or if performed would be of no value to the Human Services. Denial of the
amount of payment shall be reasonably related to the amount of work or deliverables lost
to Human Services;
d. Incorrect payment to Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement
or other agreements between Human Services and Contractor, or by Human Services'
initiation of a civil action to recover the funds as a debt due to Human Services or
otherwise as provided by law.
12. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing a newor substitute representative(s):
For Human Services: For Contractor:
Heather Walker, Adult
Protection and Child
Welfare Division Manager
P.O. Box A
Greeley, CO 80632
John Hoag. Assistant
Superintendent of
Operations
301 Reynolds Street
Fort Lupton, CO 80621
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing a substitute person(s) or address to whom such notices shall be
sent:
For Human Services: For Contractor:
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
(970) 352-1551
14. Litigation
Mark A. Payler
Superintendent
301 Reynolds Street
Fort Lupton, CO 80621
(970)
Contractor shall promptly notify Human Services in the event that Contractor learns of any
actual litigation in which it is a party defendant in a case, which involves services provided
under this Agreement. Contractor, within five (5) calendar days after being served with a
summons, complaint, or other pleading which has been filed in any federal or state court or
administrative agency, shall deliver copies of such document(s) to the Human Services'
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Director. The term "litigation" includes an assignment for the benefit of creditors, and filings
in bankruptcy, reorganisation and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party giving thirty (30) days written
notice to the individuals identified in paragraph 13. No portion of this Agreement shall be
deemed to create an obligation on the part of the County of Weld, State of Colorado, to
expend funds not otherwise appropriated in each succeeding year, as this Agreement is
subject to the availability of funding. Therefore, Human Services may terminate this
Agreement at any time if the source of funding for the services made available to Contractor
is no longer available to the Department. Contractor reserves the right to suspend services to
clients if funding is no longer available.
16. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
17. Governmental Immunity
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, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
18. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
19. Partial Invalidity of Agreement
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
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20. Improprieties
No officer, member or employee of Weld County and no member of their governing bodies
shall have any pecuniary interest, direct or indirect, in the approved Agreement or the
proceeds thereof.
The Appearance of Conflict of Interest applies to the relationship of a Contractor with the
Department when the Contractor also maintains a relationship with a third party and the two
relationships are in opposition. In order to create the appearance of a conflict of interest, it is
not necessary for the Contractor to gain from knowledge of these opposing interests. It is
only necessary that the Contractor know that the two relationships are in opposition. During
the term of the Agreement, Contractor shall not enter any third party relationship that gives
the appearance of creating a conflict of interest. Upon learning of an existing appearance of a
conflict of interest situation, Contractor shall submit to the Department, a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure
to promptly submit a disclosure statement required by this paragraph shall constitute grounds
for the Department's termination, for cause, of its Agreement with Contractor.
Contractor certifies that federal appropriated funds have not been paid or will be paid, by or
on behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, loan, grant, or cooperative agreement.
21. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement Except for purposes directly connected with
the administration of Child Protection, no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian unless in accordance with Contractor's
written policy governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents, and sub -contractor, if any, that they are subject
to these confidentiality requirements. Contractor shall provide its employees, agents, and sub-
contractors, if any, with a copy or written explanation of these confidentiality requirements
before access to confidential data is permitted. Contractor shall have its employees, agents,
and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy
of such agreement to the Department, if requested.
22. Proprietary Information
Proprietary information for the purposes of this Agreement is information relating to a party's
research, development, trade secrets, business affairs, internal operations and management
procedures and those of its customers, clients or affiliates, but does not include information
(1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that
which is developed independently.
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Neither party shall use or disclose directly or indirectly without prior written authorization
any proprietary information concerning the other party obtained as a result of this Agreement.
Any proprietary information removed from the Department's site by Contractor in the course
of providing services under this Agreement will be accorded at least the same precautions as
are employed by Contractor for similar information in the course of its own business.
23. Independence of Contractor: Not Employee of Weld County
Contractor agrees it is an independent contractor and that its officers and employees do not
become employees of Weld County, nor are they entitled to any employee benefits as Weld
County employees, as the result of the execution of this Agreement.
24. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and Contractor, concerning this
Agreement, the parties agree that Weld County shall not be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of Contractor.
25. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed or
modified except as stated in Paragraph 10 herein. This Agreement shall be binding upon the
parties hereto, their successors, heirs, legal representatives, and assigns. CONTRACTOR or
the Department may not assign any of its rights or obligations hereunder without the prior
consent of both parties.
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Contract No.: PY13/14-CWP-25A
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk o the Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
By:
BOARD OF COUNTY
COMMISSIONERS
WELD CYSLY, COLORADO
Liam F. Garcia, Chair
JUL 2 9 2013
WELD COUNTY SCHOOL
DISTRICT
ark Payler, Superintendent
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Contract No.: PY13/14-CWP-25A
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest in developing a Compass: Weld County Family Support
Team program, hereinafter referred to as "Compass", through a collaborative partnership in the interest of
positive youth development and the strengthening of families for eligible Colorado Works Program youth
or youth eligible under other Child Welfare programs.
1. General Description of Services
A. Contractor and Human Services collaboratively will develop and refine Compass quality
services and evidence -based practices and outcomes in the areas of:
1) A community -wide system to meet the needs of families at risk.
2) Specific family services plans that incorporate access to existing community
services and the development of new service alternatives to address:
drug and alcohol issues including utilization of Detox, youth services,
education groups, support groups, Alcoholics Anonymous, assessment
and testing; and
mental health issues including assessment, individual treatment,
medication evaluations, psychological evaluations; and
mediation/mentoring issues including family group conferencing,
mediation, teen parenting classes; and
educational and employment issues including interfacing with schools
and facilitating extracurricular recreational activities; and
community issues including collaboration between various agencies
and coordination of mentoring, counseling and other activities
especially for south Weld County; and
juvenile delinquency issues including assessment, case management,
supervision, restorative justice, and other related activities.
3) Comprehensive case management services, as outlined in the 2013 Compass
Operational Manual; including interviewing, making appropriate home visits,
accepting the assignment of specific cases for purposes of connecting services
outlined in the family services plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
4) Psychosocial educational groups at all Weld County School District RE -8
schools that provided prevention messages around bullying, suicide, unhealthy
choices, drop -out prevention, substance abuse, and abusive relationships.
5) Circle of Parent weekly support group for Compass clients to find and receive
support. The Compass Circle of Parent group would adhere to the guidelines set
forth in the Prevention Services Unit Circle of Parent group manual.
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Contract No.: PY13/14-CWP-25A
B. Contractor would be unable to provide full participation to this project without program
development funds to be made available under this Agreement. Resources from this
Agreement will allow Contractor to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
C) The aforementioned 2013 Compass Operational Manual and the Prevention Services Unit
Circle of Parent group manual will be provided to the Contractor by the Human Services
Prevention Services Unit Manager at the onset of this Agreement.
2. Scone of Services
At a minimum, Compass, through its collaboration between Contractor and Human Services, will
document if:
A. The project successfully reduced the number of open cases in the child welfare system or
adjudicated youth in the juvenile justice system.
B. The project successfully reduced high cost services, such as out -of -home placement,
detention, or DYC Commitment.
C. . The project successfully focused resources within Human Services and Contractor to
continue the Compass project.
D. The project successfully developed a better system design to meet the needs of the youth
and families in regards and, at a minimum, to:
1) Keep families together through a better utilization of existing community
resources to avoid the opening of a case in the child welfare and juvenile justice
systems.
2) Increased school attendance.
3) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
3. Youth and Families to be Served
Contractor agrees to serve an average caseload of up to fifteen (15) families monthly,
unduplicated, per FTE, through case management services unless Contractor does not provide a
fall year of services or provides a partial FTE. Contractor also agrees to facilitate one (1) to two
(2) groups either monthly or per curriculum, per FTE. The number of eligible youth and families
will be prorated based on the time period that Contractor provided Compass services and/or the
corresponding FTE.
4. Eligibility for Funding Under Colorado Works
Human Services shall be responsible for identifying and referring families who are eligible for the
project. The eligible families include:
A. Families who are not involved with child welfare or the juvenile justice system, with
children/youth currently enrolled in school if 18; or
B. Between the ages of 18 and 19 and a full-time student in a secondary school or in the
equivalent level of vocational or technical training (including obtaining a General
Equivalency Diploma-GED) and expected to complete the program before age 19. Such
youth are eligible while making satisfactory progress and through the month of
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Contract No.: PY13/14-CWP-25A
completion of such schooling or until the time it is discovered they will not graduate
before his or her 19th birthday, as defined under Volume 3.601.
C. Families, with children/youth ages 6-19, who require intervention that focuses on the
family unit, as well as the needs and aspirations of the family.
D. Families who are applicants of or receiving TANF, Medicaid, and Food Stamps and have
incomes below 185% of poverty level or annual income of $75,000.00 or less per year; or
Families who are non -custodial parents and are unemployed or underemployed and have
incomes below 185% of poverty level or annual income of $75,000.00 or less per year; or
F. Families who meet the eligibility standards under Sections 6.002.1, D; Section 6.009.3;
and Section 6.027.4, Weld County Department of Human Services' Operations Manual.
5. Eligibility for Other Child Welfare Funding
Human Services shall be responsible for identifying and referring families who are eligible
for the project. The eligible families include:
A. Families who are not involved with child welfare or the juvenile justice system, with
children/youth currently enrolled in school if 18; or
B. Between the ages of 18 and 19 and a full-time student in a secondary school or in the
equivalent level of vocational or technical training (including obtaining a General
Equivalency Diploma-GED) and expected to complete the program before age 19. Such
youth are eligible while making satisfactory progress and through the month of
completion of such schooling or until the time it is discovered they will not graduate
before his or her 19th birthday, as defined under Volume 3.601.
Families, with children/youth ages 6-19, who require intervention that focuses on the
family unit, as well as the needs and aspirations of the family.
D. Families who meet the eligibility standards under Sections 6.002.1, D; Section 6.009.3;
and Section 6.027.4, Weld County Department of Human Services' Operations Manual.
E. Families who meet the eligibility requirements of Program Area Three (PA3), Program
for Children and Families at Risk of Involvement with Child Welfare, under Volume
7.200 (12 CCR 2509-3).
F. Families who meet the rules and requirements governing the specific funding stream
utilized.
6. Role of Human Services and Lease of Office Spaces
A. Human Services will administer, organize the planning and implementation of the
programs to be offered, provide written policies as approved by the Board of County
Commissioners, and document the outcomes of the project.
B. Human Services will assign its Manager(s) to assist in the development and
implementation of the assessment team and assignment of cases for Contractor.
C. Human Services will be responsible for the identification and referral of youth and
families the Compass Assessment Team, and assignment of cases to Contractor.
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Contract No.: PY13/14-CWP-25A
D. Human Services will meet as needed with support staff. Human Services will manage
weekly team meetings to be held at Human Services. Human Services will manage at
least monthly meetings to be held between the assigned Contractor
managerial/supervisory staff person with Human Services Manager(s) to promote quality
communication and resolve implementation issues.
E. Human Services will administer and provide funding for direct services to Compass
clients, as authorized by Human Services, and which are not duplicative of existing
community resources, identified as a result of the Compass recommended treatment plan
options.
F. Human Services, as the Lessor, will provide "Office Space", located in the Weld County
Department of Human Services Building at 315 North 11th Avenue, Greeley, Colorado,
hereinafter referred to as "the Premises," as follows:
1) Human Services, as the Lessor, will provide one work space to Contractor, as
Lessee, which will be located at the Southwest Premises and will provide one
work space to be located at the Premises.
2) In consideration of leasing of the aforesaid, the parties covenant and agree as
follows:
a. Human Services will charge no rent to Contractor for use of the Office
Space;
b. Contractor agrees to use ordinary care when using the Office Space;
c. Contractor may not sublet any part of the Office Space;
d. Contractor may not use the Office Space for any purpose other than
conducting the business and duties under this Agreement;
e. Contractor shall keep the Office Space clean and in sanitary condition;
Contractor shall allow Human Services any reasonable hour of the day
to enter into or upon the Office Space.
g.
Contractor shall be responsible for loss or damage of equipment. Any
time a Laptop Computer that is assigned to a Contractor staff member,
who is acting in his or her capacity as a Compass worker, is lost or
damaged, the situation will be assessed on a case -by -case basis with
regard to whether the Compass worker will be issued another Laptop
Computer and/or whether Contractor will be required to reimburse the
County for the lost or damaged equipment.
h. Human Services shall pay all utilities and trash removal expenses.
3) Furthermore, the parties hereto agree as follows:
a. That no assent, express or implied, to any breach of any one or more of
the covenants or agreements hereof shall be deemed or taken to be a
waiver or any succeeding or other breach;
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b. That, to the extent permitted by law, Contractor agrees to indemnify,
save, and hold harmless Human Services from any and all loss, injury,
or damage whatsoever, to all office equipment, furniture, equipment,
office supplies and other personal property owned by Contractor or its
employees as the result of fire, flood, inclement weather, or other
casualty, other than by negligence of Human Services;
c. That Human Services shall own and maintain the filing cabinets and
computer systems including computers, modems, printers, and
associated computer equipment, used in the Office Space, unless
provided by Contractor;
d. That Contractor's employees shall escort all Compass clients to and
from the Office Space and reception area;
Human Services shall pay for the use of the telephones and all
miscellaneous office supplies used by Contractor, including
photocopying for purposes of Compass functions only.
4) Human Services will provide training to the Contractor Compass Employee
regarding the operations manual, the database, case documentation, treatment
planning, community resources, team building and intervention skills.
7. Role of Contractor
A. Contractor agrees to participate in the four functions of the project as follows:
1) As a policy and program developer and planning partner for the project by
attending meetings or utilizing other forms of communication at least monthly
with assigned Human Services Manager(s).
2) As a member of Compass to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
Compass Operational Guidelines, as revised, and to develop appropriate
treatment plans for youth and families through FTE commitment by Contractor.
Contractor agrees to comply with the Compass Operational Guidelines, as
revised, and Compass participation standards through a Memorandum of
Understanding with Contractor through its assigned supervisor/manager and
employee(s).
3) As a case manager to provide intervention, connection skills for program
services and post -participation services, as appropriate and recommended by
Compass. Contractor assigned employees will assist clients in finding
counseling, basic needs and other related family support information and
services. This may include information on linkages, primarily in South Weld
County, to other organizations providing community resources and family
support.
4) As a community resource for appropriate services, including Medicaid services,
to meet the requirements of treatment plans.
B. Contractor agrees to serve an average caseload of up to fifteen (15) families monthly,
unduplicated, per FTE, through case management services unless Contractor does not
provide a full year of services or provides a partial FTE. Contractor also agrees to
facilitate one (I) to two (2) groups either monthly or per curriculum, per FTE. The
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Contract No.: PY13/14-CWP-25A
number of eligible youth and families will be prorated based on the time period that
Contractor provided Compass services and/or the corresponding FTE.
C. Contractor agrees to assign staff to be housed at Human Services who will be familiar
with and review with the Compass worker the Compass Operational Procedures.
Contractor will also provide the Compass worker with the updates of changes to the
Procedures as provided by Human Services. Contractor agrees to ask the Human
Services manager for clarification regarding any policy or procedure that is ambiguous.
D. Contractor agrees to provide one work space, which will be located on the Contractor's
premises, for use by the assigned FTE, or partial FTE.
8. Weld County Families, Youth, and Children Commission:
Human Services and Contractor agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC) Commission to evaluate the implementation of the
Compass program.
At a minimum, the FYC Commission will document and review, at least at the end of each
program year the outcomes identified in Exhibit A, Item 2, Scope of Services.
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Contract No.: PY13/14-CWP-25A
EXHIBIT B
PAYMENT SCHEDULE
1. Payment Requirements
Expenses incurred by Contractor, in association with said project prior to the effective date of the
Agreement, are not eligible Human Services expenditures and shall not be reimbursed by Human
Services. Payment pursuant to this Agreement, if Weld County funds, whether in whole or in part,
is subject to and contingent upon the continuing availability of Weld County funds for the
purposes hereof. In the event that said funds, or any part thereof, become unavailable as
determined by Human Services, Human Services may immediately terminate this Agreement or
amend it accordingly. The Agreement would be terminated in writing and that payments shall be
made through the termination date for work that was performed.
2. Reimbursement
Human Services agrees to pay Contractor a maximum of $48,105.48 per FTE for two (2) 40 -hour
FTE, or pro -rated for a partial FTE. This reimbursement to Contractor will be made in twelve (12)
monthly installments of $4,008.79 per FTE, or pro -rated for a partial FTE, if Contractor
substantially meets the requirements of full participation on a monthly basis, as follows:
A. The assigned Contractor supervisor/manager or designee will have contact at least once
per month with Human Services Manager(s) responsible for the Compass program to
actively participate in the planning and implementation of Compass.
B. Contractor assigned employees who comprise the FTE, and are participating in the
required activities of Compass as demonstrated by time sheets.
C. Contractor assigned employees are providing quality data entry into the Compass data
system to document progress in serving an average caseload of up to fifteen (15) families,
unduplicated, per FTE through contacts, follow-up and case management services, on a
monthly basis.
D. Contractor facilitated one (1) to two (2) groups per month, or as determined by
curriculum, and as verified by Human Services.
3. Billing
Contractor agrees to bill Human Services monthly. Billing shall be on or about the fifteenth (15)
day of the month following the month in which the expense was incurred, and payments from
Human Services will be made within thirty (30) days following receipt of the invoice.
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Contract No.: PY13/14-CWP-25A
EXHIBIT C
ASSURANCES
1.
To the extent permitted by law, Weld County, the Board of County Commissioners of Weld
County, its officers and employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of Contractor or its employees, volunteers, or agents while performing
duties as described in this Agreement. Contractor shall indemnify, defend, and hold harmless
Weld County, the Board of County Commissioners of Weld County, its employees, volunteers,
and agents for any actions taken by Contractor employees, volunteers and agents. Contractor shall
provide adequate liability and worker's compensation insurance for all its employees, volunteers,
and agents engaged in the performance of the Agreement. Upon request, Contractor shall provide
Human Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties
or their officers or employees may possess, nor shall any portion of this Agreement be deemed to
have treated a duty of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of
Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this Agreement
and each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses,
or phrases might be declared to be unconstitutional or invalid.
No officer, member or employee of Weld County and no member of their governing bodies shall
have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. Contractor assures that sufficient, auditable, and otherwise adequate records that will provide
accurate, current, separate, and complete disclosure of the status of the funds received under the
Agreement are maintained for three (3) years or the completion and resolution of an audit. Such
records shall be sufficient to allow authorized local, Federal, and State auditors and representatives
to audit and monitor Contractor.
8. All such Compass records, documents, communications, and other materials shall be the property
of Human Services and shall be retained by Human Services in a central location for a period of
four (4) years under this agreement, or for such further period as may be necessary to resolve any
matters which may be pending, or until an audit has been completed with the following
qualification: If an audit by or on behalf of the federal and/or state government has begun but is
not completed at the end of the four (4) year period, or if audit findings have not been resolved
after a four (4) year period, the materials shall be retained until the resolution of the audit fmding.
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Contract No.: PY13/14-CWP-25A
9. Contractor assures that authorized local, federal and state auditors and representatives shall, during
business hours, have access to inspect and copy records, as permitted by law, and shall be allowed
to monitor and review through on -site visits, all contract activities, supported with funds under this
Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree that
monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate
funding sources. The results of the monitoring and evaluation activities shall be provided to the
appropriate and interested parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. Neither Contractor nor Human Services may assign any of its rights
or obligations hereunder without the prior written consent of both parties.
11.
Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, loan, grant, or cooperative agreement.
12. Contractor assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations.
13. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency.
b. Have not, within a three-year period preceding this Agreement, been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
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Contract No.: PY13/14-CWP-25A
14. The Appearance of Conflict of Interest applies to the relationship of Contractor with Human
Services when either party also maintains a relationship with a third party and the two
relationships are in opposition.
During the term of the Agreement, neither Contractor nor Human. Services shall enter any third
party relationship that gives the appearance of creating a conflict of interest. Upon learning of an
existing appearance of a conflict of interest situation, that party shall submit a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to
promptly submit a disclosure statement required by this paragraph shall constitute grounds for
termination by either party, for cause, of this its agreement.
15. Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement, as required by law.
16. Contractor certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104, requiring
criminal background record checks for all employees, contractors, and sub -contractors.
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Contract No.: PY13/14-CWP-25A
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement (PY13/14-CWP-25A) was waived for the following reasons:
1. Contractor meets the criterion as a key stakeholder with regards to § 24-L9-101, et. seq, (HB04-
1451), as it remains a principal local school district and such law reflects the principles of the
Compass: Weld County Family Support Team program; and
2. Contractor is the third largest school Contractor in the County and provides services to the largest
population of disadvantaged and impoverished youth; and
3. Contractor has the fiscal ability to enter into a long-term commitment (minimum of three years)
with Human Services to build a collaborative community team required of the Compass: Weld
County Family Support Team program and as demonstrated by School Contractor entering into a
second consecutive term, through agreement; and
4. School District 6, the largest school in Weld County, waived participation in the Compass: Weld
County Family Support Team program; and
5. School District RE1J, the second largest school district in Weld County, is an active participant in
the Compass: Weld County Family Support Team program.
6. Contractor, with School District RE -1J, provides essential services to the South Weld County
area, which has limited access to services on behalf of disadvantaged and impoverished youth.
The majority of services and programs continue to be centered in the Greeley area.
Judt A. Ci go, Direc
Weld County Departmtent of Human Services
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