HomeMy WebLinkAbout20130171.tiffRESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Child Protection Agreement 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, commencing January 1, 2013, and ending
December 31, 2013, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Child Protection Agreement 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 Lutheran Family Services Rocky Mountains, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of January, A.D., 2013, nunc pro tunc January 1, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
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Date of signature: I / 2 2/13
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P. Conway
2013-0171
HR0084
MEMORANDUM
DATE: January 10, 2013
TO: William F. Garcia, Chair, Board of County Commissioners
it
FROM: Judy A. Griego, Director, Human Sena es ep ent
RE: Child Protection Agreement for Services between the
Weld County Department of Human Services and
Lutheran Family Services Rocky Mountains
Enclosed for Board approval is a Child Protection Agreement for Services between the
Department and Lutheran Family Services Rocky Mountains. This Agreement was reviewed
under the Board's Pass -Around Memorandum dated December 20, 2012, and approved for
placement on the Board's Agenda.
Lutheran Family Services will provide a Parent Education Program and a Prevention Program.
The total reimbursement from our Child Welfare Block will be $30,635.00, which is at the same
level of funding as last year's funding level. The term of this Agreement is January 1, 2013
through December 31, 2013.
If you have any questions, please give me a call at extension 6510.
2013-0171
Contract Number PY13-CPS-88
Ipjl oft,
CHILD PROTECTION AGREEMENT FOR SERVICES 20
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES '4 h.
AND LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS
Purchase of Psychological Evaluation Agreement
Purchase of Psychiatric Consultation Agreement
Purchase of Medical Consultation Agreement
Purchase of Community, Parent, and Family Education Agreement
Was this Agreement competitively procured?
( ) Yes Date Procured / /
( X ) No (Attach Waiver of Competitive Procurement for Child Protection Agreements Form)
This Agreement, made and entered into the day of January, 2013, by and between the
Board of County Commissioners, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services," and Lutheran Family Services, hereinafter referred to as
the "c."
WITNESSETH:
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the County of Weld, pursuant to the Weld County Home Rule Charter, has
provided Human Services fund resources for community education to Weld County residents as
identified by Human Services; and
WHEREAS, Human Services desires to enter into an agreement with the Contractor to
assist Human Services in providing community education on child abuse and neglect, parent
education, and children's family education classes; and
WHEREAS, Human Services wishes to have education on abuse and neglect to the
community to reduce and eliminate future child abuse.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term
This Agreement shall become effective on January 1, 2013, upon proper execution of this
Agreement and shall expire December 31, 2013. The Contractor agrees that time is of the
essence in their performance of its obligations under this Agreement, and that completion
of the Project shall occur no later than the termination date of December 31, 2013.
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Contract Number PY13-CPS-88
Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for community
educational services in compliance with Exhibit A, "Scope of Services," a copy of which
is attached and incorporated by reference.
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of
which is attached and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement, which will
be paid from county funds during the duration of this agreement.
b. The Contractor shall submit an itemized quarterly billing to Human Services for
all costs incurred pursuant to Exhibit A of this Agreement in accordance with
criteria established by Human Services. The Contractor shall submit all itemized
quarterly billings to the Human Services no later than the fifteenth (15) day of the
month following the last month of the quarter. Billings must be signed by the
Contractor.
Failure to submit quarterly billings in accordance with the terms of this agreement
shall result in the Contractor's forfeiture of all rights to be reimbursed for such
expenses.
c. Payments to the Contractor shall be made quarterly by Human Services upon
receipt of such itemized billings as required under Exhibits A and B.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly
contingent upon the availability of Weld County funds to Human Services.
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. Work performed
prior to the execution of this Contract shall not be reimbursed or considered part
of this Agreement.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the
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-128.
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Contract Number PY13-CPS-88
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Contractor shall provide proper quarterly invoices and verification of services
performed for costs incurred in the performance of the agreement.
b. Human Services may withhold any payment if the Contractor has failed to comply
with the Financial Management Requirements, program objectives, contractual
terms, or reporting requirements.
6. Assurances
The 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 contract, the Contractor shall strictly 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 Contract.
The 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 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, 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 is 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.
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Contract Number PY13-CPS-88
Any person who feels that s/he has been discriminated against has the right to file a
complaint either with the Colorado Department of Human Services or with the U.S.
Department of Health and Human Services, Office of Civil Rights.
8. Certifications
Contractor certifies that, at the time of entering into this Contract, it has currently in effect
all necessary licenses, approvals, insurance, etc., required to properly provide the services
and/or supplies covered by this contract.
9. Monitoring and Evaluation
The Contractor and Human Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Contractor and Human
Services.
The results of the monitoring and evaluation shall be provided to the Board of Weld
County Commissioners.
The Contractor shall permit Human Services, and any other duly authorized agent or
governmental agency, to monitor all activities conducted by the Contractor pursuant to
the terms of this Agreement. As the monitoring agency may, in its sole discretion, deem
necessary or appropriate, such 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.
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 the Contractor substantially failed to satisfy the scope of work found in
this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean
incorrect or improper activities or inaction by the Contractor. These remedial actions are
as follows:
a. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables which
have not been performed and which due to circumstances caused by the
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;
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Contract Number PY13-CPS-88
c. Incorrect payment to the 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
the Contractor, or by Human Services 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, Social Services Manager IV
For Contractor:
James Barclay, President/Chief Executive Officer
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:
To: Human Services To:
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
(970) 352-1551
14. Litigation
James Barclay, Chief Executive Officer
363 South Harlan Street, #200
Lakewood, CO 80226
(303) 217-5830
The Contractor shall promptly notify Human Services in the event that the Contractor
learns of any actual litigation in which it is a party defendant in a case which involves
services provided under this Agreement. The 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.
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Contract Number PY13-CPS-88
15. Termination
This Agreement may be terminated at any time by either party given thirty (30) days
written notice and is subject to the availability of finding.
16. 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 9 herein.
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Contract Number PY13-CPS-88
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Ne ""'"
Weld County Clerk to the Bo
7
Deputy Clerk/to the Board
APPROVED 0 FORM:
BY:
�Yuet�: arker, County Attorney
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By: (), Judy A. Griego, Direct,�r
J
7
WELD COUNTJCOLORADO
d
Liam F. Garcia, Chair
JAN 1 4 2013
ay, Ch f Executive 4 fficer
2c/3 6/7/
Contract Number PY 13 -CPS -88
EXHIBIT A
SCOPE OF SERVICES
1. The Contractor shall perform the following services:
a. Parent Education Program: The Parenting Education Program of Lutheran
Family Services Rocky Mountains (LFSRM) provides an opportunity for
parents/families in Weld County to participate in a variety of parent education
classes. The overall goal of the Parenting Education Program is to support child
abuse prevention by strengthening healthy family interaction skills within
families. Classes are offered in a group format, accommodating 15-30 adult
participants and are offered on -site at our location in Greeley or other community
locations, including the south Weld County area and the Weld County Jail.
LFSRM offers an assortment of classes designed to reach a wide -range of
parenting needs. Spanish classes are available. In addition, LFSRM offers
children's groups and/or childcare in conjunction with the parenting classes.
Serving as child care and learning environment combined, the children's groups
focus on building social skills, enhancing self-esteem, anger management, and
decision making skills. These skills are exhibited to the children through
facilitator modeling, craft projects, games, puppets, storybooks, and songs.
The population to be served through the Parenting Education Program will have
one or more of the following characteristics:
• Parents, foster parents or caregivers wishing to strengthen their knowledge
and skill base;
• parents, foster parents or caregivers who may be at high risk for abusing
and/or neglecting their children due to socioeconomic or social isolation
issues;
• court -mandated parents who may not have custody of their children and
who are working to regain custody;
• parents who are involved in the child welfare system who are at risk of
having custody of their children removed due to abuse or neglect
allegations;
• parents who are involved in court -mediated divorce proceedings
• new and/or first time parents; and/or
• victims of domestic violence.
The population will include single -parent households, two -parent households and
households in which a caregiver in the home may not be a "parent" but they are
fulfilling a parent role (such as a live-in partner or other family member).
Recipients of parent education and support services will gain increased knowledge
of appropriate and nurturing parenting attitudes, beliefs, and practices, and thus
are at a reduced risk of abusing or neglecting their children.
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Contract Number PY13-CPS-88
The Parent Education Program offers the following classes:
• RETHINK: Anger Management for Parents This program includes role
play, video clips and discussion based on the concepts behind the title
"RETHINK," i.e., Recognizing Anger, Empathizing with the other person,
Thinking about the situation, Hearing what is said, Integrating respect and
love, Noticing your body's reactions, and Keeping your attention on the
problem. The class is designed to educate parents to have a more positive
response to their children's challenging behaviors, identify their own as
well as their children's anger triggers, and to understand related child
development. The class is offered five times per year, and meets for two
hours a week for four weeks. RETHINK is available in both English and
Spanish.
• Nurturing Parenting The Nurturing Parenting program is a nationally
renowned curriculum that focuses on the development of empathy, self-
worth, self-awareness, discipline with dignity, family roles, and child
development and expectations. This class is designed for parents of 0-12
year olds. One class session is dedicated to education about Shaken Baby
Syndrome and includes a shaken baby simulator and video. LFSRM has
offered this evidence -based program for more than 10 years throughout
northern Colorado. The Nurturing Parenting curriculum is offered four
times per year and meets for two hours a week for 12 -weeks.
• Parenting Your Teenager This class is designed to help parents develop
a greater understanding of their teen's behavior and learn more effective
techniques of interaction and communication with youth during the
adolescent stages of development. This is of particular importance as the
teens are testing boundaries, being tempted to experiment with alcohol and
drugs, and dealing with their own "raging hormones." Parenting Your
Teenager is offered five times per year, and meets for two hours weekly
for four weeks.
• Strengthening Latino Families Taking a culturally appropriate approach,
this program is a group -based class specifically designed for
Latino/Spanish-speaking families interested in enhancing their parenting
skills. The class focuses on positive and respectful discipline,
communication strategies, child development, and addressing issues of
sexuality. Strengthening Latino Families is offered three times per year
and meets for two hours per week for ten weeks. The class is available
only in Spanish.
• Nurturing Skills for Teen Parents. Open to all teen parents, this class is
designed to support pregnant teens through the pregnancy and birth of
their child as they stay in school. Both mothers and fathers are welcome to
attend. This class focuses on issues related to infant development, Shaken
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Contract Number PY 13 -CPS -88
Baby Syndrome, Fetal Alcohol Syndrome, drug affected children, infant
massage, positive and nurturing discipline, budgeting, nutrition, and
building children's self-esteem. The class uses the Nurturing Parenting
teen curriculum and is geared toward the adolescent developmental level.
Nurturing Skills for Teen Parents is offered three times per year for two
hours per week for eight weeks.
b. Prevention Program: SafeTouch is designed to teach elementary school -age
children to recognize abusive situations and how to seek help for themselves,
their siblings or friends if confronted with such a situation. SafeTouch uses a
sensitive, developmentally appropriate curriculum that includes group
activities, age -appropriate discussions, role play, puppets, and videos. The
program teaches the three "Rs" of sexual assault prevention: recognize, resist
and report. Children are taught to understand the difference between
appropriate and inappropriate touch, and how to respond to inappropriate
touch by saying "No", running away, and telling an adult. Furthermore, the
program teaches children how to identify trusted adults to whom they can talk
and who understand the circumstances. The messages remain constant from
year to year, but examples and depth of discussion advance each year to be
developmentally appropriate for the age group being taught. Interpretation and
translation is provided by schools during presentations to Spanish-speaking
students. This is a program that nurtures a child's physical, emotional, and
intellectual health and well-being. Should the children report physical abuse,
sexual abuse or domestic violence during one of these sessions, the teachers,
counselors or presenters, as mandatory reporters, make referrals to law
enforcement or social services as required by the Colorado Revised Statutes.
SafeTouch is projected to serve 11, 500 students in kindergarten through fifth
grade in 20-25 Weld County elementary schools throughout the 2013 calendar
year.
2. Program Funding: Services are funded partially through Human Services, with
additional grant funding provided by Untied Way of Weld County, Colorado Children's
Trust Fund, the Temple Hoyne Buell Foundation, and VALE 19th Judicial District.
Funding is also provided through proceeds from the annual Taste of Weld County
fundraiser.
Participants in the parenting classes are charged a small fee based on a sliding scale and
scholarships are available through the use of donated and contributed funds. The
corresponding children's groups are free.
3. Anticipated 2013 Benefits: The anticipated benefits of the Parent Education Program
are for parents to:
• Increase knowledge of healthy and safe parenting skills;
• demonstrate more positive and effective responses to children's
challenging behaviors; and
• develop an increased knowledge of child development and appropriate
expectations.
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Contract Number PY13-CPS-88
The anticipated benefits of the SafeTouch Program are for children to:
• Recognize abusive and inappropriate situations;
• decrease their vulnerability to abuse and unwanted touch;
• learn to say "no," run away and tell an adult if facing an unsafe situation;
and
• identify trusted adults with whom they can talk about these and other
difficult situations.
4. Program Effectiveness: Program effectiveness is evaluated through the use of
curriculum specific pre- and post -class tests that measure parenting skills, practices, and
beliefs. A copy of all tests shall be provided to Humans Services by the Contractor prior
to the start of any agreement.
Projected results are as follows:
• 90% of parents who complete any of the parent education courses will
complete the appropriate, specific pre- and post-tests for the class they
completed.
• 70% of parents who complete pre- and post-test evaluations will
demonstrate one or more of the following:
Reduced anger responses to children's behaviors.
Use of more appropriate and safer parenting techniques.
Decreased family stress levels.
Increased positive intra-family communications.
Increased knowledge of child/youth development.
Additionally, participants in all classes are asked to complete evaluation questionnaires at
the end of each multi -week session to help the staff assess the instructors, curriculum,
class meeting times and locations. Test and evaluation results are analyzed and compiled
into semi-annual and annual reports that are provided to agency staff, management and
fenders. The information is used to determine what if any changes need to be made to the
class procedures, curriculum, outreach or comprehensibility.
Following each SafeTouch session, the presenters distribute questionnaires to a random
sample of children who participated in the program, varying the schools from year to
year. (See attached questionnaires.) The immediate post -session questionnaire is designed
to assess how well the children have learned the information. A follow-up questionnaire
using similar questions is given to the same children two weeks after the session to
determine how well the information has been retained. Questionnaires are designed
specifically for the different grade levels, for example, using happy and sad faces to
denote "yes" or "no" responses for kindergarten through third grades. Projected results
are as follows:
• 90% of a random sample of 20% of the total population served will
demonstrate an ability to recognize safe versus unsafe touches immediately
following the presentation.
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Contract Number PY 13 -CPS -88
• 90% of a random sample of 20% of the total population served will be
able to identify examples of adults they would tell if the experience an
unsafe situation immediately following the presentation.
• 90% of a random sample of 20% of the total population served will
demonstrate subject matter retention two weeks after the presentation. For
example:
Reduced anger responses to children's behaviors.
Use of more appropriate and safer parenting techniques.
Decreased family stress levels.
Increased positive intra-family communications.
Increased knowledge of child/youth development.
The results of the post -session and follow-up questionnaires are compiled throughout the
school year. Results are used to determine whether or what if any changes need to be
made to the presentations, topics or environment.
5. Request Prioritization
Both the Parenting Education Program and the Prevention Program are identified as top
priorities for funding. Partial or no funding will significantly reduce the number of
clients served.
6. Previous Years Allocations
Weld County Allocation 2010:
Weld County Allocation 2011:
Weld County Allocation 2012:
$37,820.00
$34,038.00
$30,635.00
7. Breakdown of Funds for 2013
Parenting Education Program: $20,000.00
Prevention Program (SafeTouch): $10,635.00
8. Confidentiality
The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of
child abuse and any identifying information in those reports are strictly confidential.
9. Eligible Client Cases
Human Services shall be responsible for selecting cases to be reviewed and staffed by the
Contractor.
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Contract Number PY13-CPS-88
10. Monitoring and Evaluation
The following will be used for monitoring and evaluating the success of the Agreement:
A. Quarterly report submitted to Weld County Department of Human Services.
B. Review of evaluation materials and correspondence from outside agencies
regarding services received.
D. Ongoing consultation with supervising staff through Human Services concerning
development and implementation of programs.
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Contract Number PY13-CPS-88
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse Contractor, in consideration for the work and
services performed, a total amount not to exceed Thirty Thousand Six Hundred and
Thirty-five Dollars ($30,635.00) and as follows:
Parent Education Program
Prevention Program (SafeTouch)
$ 20,000.00
10,635.00
Expenses incurred by the Contractor, in association with said project prior to the term of
this Agreement, are not eligible Human Services expenditures and shall not be
reimbursed by Human Services.
Payment pursuant to this Contract, 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
purposed hereof In the event that said funds, or any part thereof, become unavailable as
determined by Human Services, Human Services may immediately terminate this
Contract or amend it accordingly.
2. Fees for Services
Human Services agrees to pay the Contractor according to the attached fee/rate schedule.
3. Submittal of Vouchers
The Contractor shall:
A. Itemize quarterly, all information regarding services authorized and received for
service recipients according to the terms and conditions of Exhibit A and
according to the prescribed voucher form as described in Exhibit B.
B. Return the signed prescribed voucher form to Human Services for payment.
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Contract Number PY 13 -CPS -88
EXHIBIT C
ASSURANCES
1. The 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.
2. 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. The 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, the 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 created 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, 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.
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. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of
1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this approved Agreement.
8. The 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 the Contractor.
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Contract Number PY13-CPS-88
9. All such records, documents, communications, and other materials shall be the property
of Human Services and shall be maintained by the Contractor, in a central location and
custodian, in behalf of Human Services, for a period of three (3) years from the date of
final payment under this Contract, 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 three (3) year period, or if audit findings
have not been resolved after a three (3) year period, the materials shall be retained until
the resolution of the audit finding.
10. The Contractor assures that authorized local, federal and state auditors and
representatives shall, during business hours, have access to inspect any copy records, 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.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor or Human Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the 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.
13. The Contractor assures that it will fully comply with the Children's Code regulations
promulgated, and all other applicable federal and state laws, rules and regulations. The
Contractor understands that the source of funds to be used under this Agreement is:
Human Services Funds.
14. The 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 of 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;
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Contract Number PY13-CPS-88
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.
15. The Appearance of Conflict of Interest applies to the relationship of a Contractor with
Human Services 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 Contract, the Contractor shall not enter into 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, the Contractor shall submit to
Human Services, 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 Human Services' termination, for
cause, of its contract with the Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials
that are maintained in accordance with this Contract. Except for purposes directly
connected to the administration of the 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. Contractor shall
have written policies governing access to, duplication and dissemination of, all such
information. Contractor shall advise its employees, agents and Contractors, if any, that
they are subject to these confidentiality requirements. Contractor shall provide its
employees, agents, and Contractors, if any, with a copy or written explanation of these
confidentiality requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract 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.
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 Contract. Any proprietary information removed from the State's site by the
Contractor in the course of providing services under this Contract will be accorded at
least the same precautions as are employed by the Contractor for similar information in
the course of its own business.
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Contract Number PY13-CPS-88 *Dee
18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104,
requiring criminal background record checks for all employees, contractors, and sub- tet
contractors. /4)
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes
(C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Contract or enter into a contract with a Contractor
that fails to certify to Contractor that the Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this Contract. Contractor represents,
warrants, and agrees that it (a) has verified that it does not employ any illegal aliens,
through participation in the Basic Pilot Employment Verification Program administered
by the Social Security Administration and Depattiuent of Homeland Security, and (b)
otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall
comply with all reasonable requests made in the course of an investigation under C.R.S.
8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to
comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Human
Services may terminate this Contract for breach and Contractor shall be liable for actual
and consequential damages to Human Services.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3),
if Contractor receives federal or state funds under this Contract, Contractor must confirm
that any individual natural person eighteen (18) years of age or older is lawfully present in
the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public
benefits provided under this Contract. If Contractor operates as a sole proprietor, it
hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United
States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq.,
and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103
prior to the effective date of this Contract.
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