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Home My WebLink About20132288.tiffRESOLUTION RE: APPROVE COLORADO WORKS PROGRAM AND CHILD WELFARE AGREEMENT FOR SERVICES AND LEASE AND AUTHORIZE CHAIR TO SIGN - LIFEBRIDGE CHRISTIAN CHURCH 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 Colorado Works Program and Child Welfare Agreement for Services and lease 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 Lifebridge Christian Church, commencing July 1, 2013, and ending June 30, 2014, with further terms and conditions being as stated in said agreement and lease, and WHEREAS, after review, the Board deems it advisable to approve said agreement and lease, 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 Colorado Works Program and Child Welfare Agreement for Services and lease 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 Lifebridge Christian Church be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2013, nunc pro tunc July 1, 2013. ATTEST: Weld County Clerk to the Board C' BY: Deputy APP rk to the Board ounty Attorney arba ra Kirkmeyer Date of signature:AUG 2 3 2013 $-l9 /3 BOARD OF COUNTY COMMISSIONERS ,COLORADO William Garcia,Cair las Rademacher, Pro-Tem hh P. Conway ike Freeman hh, cc.1/21,50 ghh / 2013-2288 HR0084 MEMORANDUM DATE: August 12, 2013 TO: William F. Garcia, Chair, Board of County Co miss FROM: Judy A. Griego, Director, Human Services RE: Colorado Works Program Agreement for Services and Lease between the Weld County Department of Human Services and Lifebridge Christian Church 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 June 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 this Agreement are as follows: No Contractor Number to be Served Maximum Contract Amount 1 Lifebridge Christian Church 1. Average caseload of up to fifteen (15) families monthly $48,105.48 per FTE for one (1) 40 -hour FTE 2. 1-2 Group Sessions per month Maximum: $48,105.48 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 'A, 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. 2013-2288 Contract No.: PY13/I4-CWP-25L COLORADO WORKS PROGRAM AND CHILD WELFARE AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LIFEBRIDGE CHRISTIAN CHURCH (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 LifeBridge Christian Church, 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 Page 1 of 20 Contract No PY13/14-CWP-25L 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-25L 4. Financial Manauement 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 -I 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. seg. 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-I01; 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-25L 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; Page 4 of 20 Contract No PY13/14-CWP-25L 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: Leroy Casey, Care Ministry Minister 10345 Ute Highway Longmont, CO 80504 (303) 776-2927, x214 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 Leroy Casey, Care Ministry Minister 10345 Ute Highway Longmont CO 80504 (303) 776-2927, x214 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 Page 5 of 20 Contract No.: PY I 3/14-CWP-25L 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 Human Services. 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 Contract No.: PY13/14-CWP-25L 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 goveming 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 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 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 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 the Human Service'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 Human Services, 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 Page 7 of 20 Contract No.: PY13/14-CWP-25L (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 Human Services' 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 Human Services may not assign any of its rights or obligations hereunder without the prior consent of both parties. Page 8 of 20 Contract No.: PY13/14-CWP-25L 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 Attorney WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: By: BOARD OF COUNTY COMMISSIONERS WELD CO Y, COLORADO Garcia, Chair AUG 14 2013 LifeBridge Christian Church Leroy C ey, Care Minis Minister 7�1,zO/s Page 9 of 20 rZ©/3 _ O7O? ContractNo.: PY13/14-CWP-25L 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: I) 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) 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. 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. Page 10 of 20 Contract No.: PY13/14-CWP-25L 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 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. Page 11 of 20 Contract No.: PY 13/14-CWP-25L 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"' 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 thespecific 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 Page 12 of 20 Contract No.: PY13/14-CWP-25L managerial/supervisory staff person with Human Services Ivlanager(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 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 Page 13 of 20 Contract No.: PYI3/14-CWP-25L 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: I) 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. Page 14 of 20 Contract No.: PY13/14-CWP-25L 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. Page 15 of 20 Contract No PYl3/14-CWP-25L 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 one (1) 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) daysfollowing receipt of the invoice,. Page 16 of 20 Contract No.: PY13/14-CWP-25L 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. Page 17 of 20 Contract No.: PY13/14-CWP-25L 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 depatturent 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. Page 18 of 20 Contract No.: PY13/14-CWP-25L 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. Page 19 of20 Contract No.: PY13/14-CWP-25L Waiver of Competitive Procurement for Colorado Works Agreement Form Competitive procurement for the Agreement (PY12/13-CWP-25L) was waived for the following reasons: 1. Faith -based organizations meets the criterion as a key stakeholder with regards to § 24-1.9-101, et. seq, (HB04-1451). Faith -based organizations is an important stakeholder in filling gaps and ensuring effective delivery to families, children and youth, on a regional basis; and 2. Contractor is one of two faith -based organizations who responded to a county -wide survey in May 2011, which requested the identification of any faith -based organization that had the capacity to provide case management services in South Weld County, a key regional area. It was identified through this process that Contractor has an expanding presence in the southern part of the county, providing a wide range of specific programming designed to provide a continuum of interventions that support families who are struggling with high risk youth in Longmont, Frederick and Johnstown; and 3. Of the two faith -based organizations who responded, Contractor had the capacity to provide additional resources and ongoing resources beyond what could be provided in the Compass: Weld County Family Support Team program and without regard to their religious affiliation; and 4. 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 an eighth consecutive term, through agreement; and 5. Contractor 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. Judy A. Griego, Director Weld County Department of Human Services Page 20 of 20 Hello