HomeMy WebLinkAbout20112343.tiff RESOLUTION
RE: APPROVE SIX (6) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES
AND LEASES WITH VARIOUS PROVIDERS FOR MULTIDISCIPLINARY YOUTH
ASSESSMENT TEAM (MYAT) PROGRAM 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 six (6) Colorado Works Program
Agreements for Services and leases with Various Providers for the Multidisciplinary Youth
Assessment Team (MYAT) Program 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,
2011, and ending June 30, 2012, with further terms and conditions being as stated in said
agreements and leases, and
1. Lifebridge Christian Church
2. North Range Behavioral Health
3. Probation Department, 19th Judicial District
4. Saint Vrain Valley School District RE-1J
5. Department of Public Health and Environment
6. 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 six (6) Colorado Works Program Agreements for Services and
leases with Various Providers for the Multidisciplinary Youth Assessment Team (MYAT)
Program 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.
C l HS 2011-2343
HR0082
SIX (6) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES
WITH VARIOUS PROVIDERS FOR MULTIDISCIPLINARY YOUTH ASSESSMENT TEAM
(MYAT) PROGRAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of August, A.D., 2011, nunc pro tunc July 1, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: T . EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Bost ELa••BY:
1361 :" "'; �`:an�, Pr�m
Deputy J-rk to the Bo •
Will F. G •
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Date of signature: CI - 13 H
2011-2343
HR0082
MEMORANDUM
1861 - 2011
DATE: August 29, 2011
WEL %�COUNTY TO: Barbara Kirkmeyer, Chair, Board of County Commissioners
�J FR: Judy A. Griego, Director, Human S s l�
RE: Colorado Works Program Agreemen V iss for Services and
Lease for the Multidisciplinary Youth Assessment Team
(MYAT) Program between the Weld County Department of
Human Services and Various Providers
Enclosed for Board Approval is the Multidisciplinary Youth Assessment Team (MYAT)
Program Contractors for Fiscal Year 2011/2012 for the Colorado Works Program Agreements
for Services and Lease between the Department and Various Providers. These Agreements were
reviewed under Pass-Around Memorandum dated August 23, 2011, and approved for placement
on the Board's Agenda.
The Weld County Department of Human Services wishes to continue to enter into Colorado Works
Program Agreements for Services with the followini providers: LifeBridge Christian Church, North
Range Behavioral Health, Probation Department 19` Judicial District, St. Vrain Valley School
District RE-1J, Weld County Public Health and School District RE-8.
The goal of the program is 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:
Provider and Term Amount
LifeBridge Christian Church Two part-time LifeBridge Employees =46-hour
July 1, 2011 through June 30, 2012 FTE = a maximum of$50,753.46
North Range Behavioral Health Two full-time North Range Employees =40-hour
July I, 2011 through June 30, 2012 FTE = $44,133.44 for each FTE = a maximum of
$88,266.88
Probation Department 19th Judicial District One full-time Probation Employee= 40-hour
July 1, 2011 through June 30, 2012 FTE = a maximum of$44,133.44
St. Vrain Valley School District RE-1J One part-time St. Vrain Employee = 37-hour
July 1, 2011 through June 30, 2012 FTE= a maximum of$40,483.90
Weld County Public Health and Environment One full-time Public Health Employee=40-hour
July 1, 2011 through June 30, 2012 FTE = a maximum of$44,133.44
Weld County School District RE-8 One full-time District RE-8 Employee=40-hour
July I, 2011 through June 30, 2012 FTE=a maximum of$44,133.44
The total Agreement amount for MYAT and all contractors will be $311,904.56, and is at the same
funding level as in the previous State fiscal year.
If you have questions, please give me a call at extension 6510. 2011-2343
Contract No.: PY11/12-CWP-25L
COLORADO WORKS PROGRAM 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 2011, by and between the
County of Weld, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services", and LifeBridge Christian Church, hereafter referred to as
"LifeBridge".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies;and
WHEREAS, the County of Weld has provided Human/Social Services fund resources for
education,training, and support services for Weld County's low-income 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 LifeBridge 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 LifeBridge 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, LifeBridge is dedicated to develop and participate in the Multidisciplinary Youth
Assessment Team (MYAT) with other agencies and school districts that are recognized experts in their
respective fields and that are contractors under MYAT; and
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4 ContractNo.: PY11/12-CWP-25L
WHEREAS, LifeBridge has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of MYAT to plan, collaborate, provide case management, and related services
required of MYAT; and
WHEREAS, LifeBridge, meets the criterion as a key stakeholder with regards to HB04-1451, by
filling gaps, identified by the department, in regional resources by ensuring effective delivery of services
that ensure children may be cared for in their homes and assists parents to terminate their dependence on
government benefits;and
WHEREAS, LifeBridge 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
WHEREAS, LifeBridge provides access by Weld County families to ongoing services without
regard to their religious affiliation; and
WHEREAS, LifeBridge has appropriate ongoing services in place that have been demonstrating
sufficiently positive outcomes for some time as well as an adequate number of trained staff in order to
support the number of family referrals they would receive; and
WHEREAS, Human Services wishes to enter into an agreement and lease with LifeBridge to
enable LifeBridge facilitate the positive development of youth and the strengthening of families through
MYAT.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as
follows:
1. Term
This amended Agreement shall become effective on July 1, 2011, upon proper execution of this
Agreement and will expire June 30, 2012, subject to the termination provisions set forth in
Paragraph 15,below.
2. Scone of Services
Services shall be provided by LifeBridge 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, on behalf of LifeBridge, shall be made on the basis of Exhibit B, "Payment
Schedule," a copy of which is attached hereto and incorporated herein by reference.
The Agreement Budget shall establish the maximum reimbursement, which will be paid
from Human/Human Services funds during the duration of this agreement.
b. Unless otherwise instructed in Exhibit B, the County of Weld, on behalf of LifeBridge
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. LifeBridge shall submit all itemized monthly billings to the Human
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Contract No.: PYI1/12-CWP-25L
Services no later than the fifteenth (15) day of the month following the month the cost
was incurred. Billings must be signed by LifeBridge.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in LifeBridge's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to LifeBridge shall be made monthly 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, and B. 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, LifeBridge
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. LifeBridge 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 LifeBridge has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or reporting
requirements.
6. Assurances
LifeBridge 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, LifeBridge 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
Page 3 of 18
Contract No.: PYII/12-CWP-25L
may hereafter be established which relate to this Contract. LifeBridge 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
-the Employment of Illegal Immigrants, C.RS. §8-17.5-101; 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 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.
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 for Civil Rights.
8. Certifications
LifeBridge 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
LifeBridge and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by LifeBridge and Human Services. The results of the monitoring
and evaluation shall be provided to the Board of Weld County Commissioners.
LifeBridge shall permit Human Services, and any other duly authorized agent or governmental
agency,to monitor all activities conducted by LifeBridge 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.
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4 Contract No.: PY I I/12-CWP-25L
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 LifeBridge 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 LifeBridge. These remedial actions are as follows:
a. Withhold payment to LifeBridge 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 LifeBridge 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;
c. Incorrect payment to LifeBridge due to omission, error, fraud, and/or defalcation shall be
recovered from LifeBridge by deduction from subsequent payments under this
Agreement or other agreements between Human Services and LifeBridge, 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: For LifeBridge:
Mark Lindquist, Manager 2 Leroy Casey, Pastoral Care
Name Title Name Title
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: LifeBridge
Judy A. Griego,Director Leroy Casey, Pastoral Care
P.O. Box A 10345 Ute Highway
Greeley, CO 80632 Longmont CO 80504
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ContractNo.: PY11/12-CWP-25L
14. Litigation
LifeBridge shall promptly notify Human Services in the event that LifeBridge learns of any actual
litigation in which it is a party defendant in a case, which involves services provided under this
Agreement. LifeBridge, 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 upon thirty (30) days written
notice. In addition, this Agreement may be terminated immediately if funding for this program
becomes unavailable.
16. 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.
17. 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.
18. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and LifeBridge, 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 LifeBridge.
SIGNED this 31 day of August ,2011.
COUNTY OF WELD COLORADO,
ATTEST: BY AND THROUGH THE BOARD OF
Weld County Clerk to the Board COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, ON BEHALF OF
THE WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
By '//?11, /
Deputy Clerk t tthe Board C
By �
Sean P. Conway, Chair Pro—Tem
AUG 312011
Page 6 of 18
?oil O73 y
Contract No.: PYII/12-CWP-25L
APPRQME9 F ORM:
'B
County Attorney
APPROVED:
By: �/(�ir� � c Youth
i
Chair, Fa yes, / 'and Children
Commission, Weld County
APPROVED AS TO SUBSTAN
By:
4. Gr3oQc41$i
mentf Humances
Page 7 of I8
Contract No.: PYII/12-CWP-25L
• SIGNED this /IP day of&41E
,2011.
LifeBridge O� Christiana e
y�
By.
Title: �7D n a•
•
Page 8 of 18
Contract No.: PYI 1/12-CWP-25L
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
developing a MYAT program through a collaborative partnership in the interest of positive youth
development and the strengthening of families for eligible Colorado Works Program youth.
General Description of Services
A. LifeBridge and Human Services collaboratively will develop and refine MYAT quality
services and evidence-based practices and outcomes in the areas of:
1) A community-wide system to meet the needs of youth and families in conflict or
in need of positive youth development.
2) Specific treatment plans that incorporate access to existing community services
and the development of new service altematives 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) Case management services including interviewing, making appropriate home
visits, accepting the assignment of specific cases for purposes of connecting
services outlined in the treatment plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
B. LifeBridge 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 LifeBridge to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
2. Scope of Services
At a minimum, the MYAT program, through its collaboration between LifeBridge and Human
Services,will document if:
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Contract No.: PY11/12-CWP-25L
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 LifeBridge to
continue the MYAT 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) Graduate youth from school or GED, if appropriate.
3) Affect positive wage gains for youth.
4) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
E. The project successfully reduced the number of minority youth entering the child welfare
and adjudicated as a youth offender.
3. Youth and Families to be Served
A. LifeBridge agrees to serve a minimum of 100 eligible youth through contacts, follow-up and
case management services on a yearly basis unless LifeBridge does not provide a full year of
services. The number of eligible youth and families will be prorated based on the time period that
LifeBridge provided MYAT services.
4. Eligible Youth
Human Services shall be responsible for identifying and referring youth and their families who are
eligible for the project. The eligible youth and their families include:
1) Youth who are not involved with child welfare or juvenile justice system and are aged ten
through seventeen years of age;and
2) Youth and families experiencing conflicts regarding alcohol and drugs, suicidal ideation,
runaway behaviors, depression,truancy,and/or disobedience;and
3) Youth from families who are applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level;or
4) Youth from families who are non-custodial parents and are unemployed or
underemployed and have incomes below 185%of poverty level; or
5) Youth from 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. Role of Human Services and Lease of Office Spaces
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Contract No.: PY11/12-CWP-25L
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 LifeBridge.
C. Human Services will be responsible for the identification and referral of youth and
families the MYAT Assessment Team,and assignment of cases to LifeBridge.
D. Human Services will manage biweekly meetings to be held between the LifeBridge
MYAT Employee and Human Services. Human Services will manage at least monthly
meetings to be held between the assigned LifeBridge 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 MYAT clients,
as authorized by Human Services, and which are not duplicative of existing community
resources, identified as a result of the MYAT recommended treatment plan options.
F. Human Services, as the Lessor, will provide"Office Space", as located in either the Weld
County Department of Human Services Building at 315 North 11h Avenue, Greeley,
Colorado, hereinafter referred to as "the Premises" or located in the Weld County
Southwest Administration Building at 4209 WCR 24 ''/9, Longmont, Colorado,hereinafter
referred to as"the Southwest Premises", as follows:
I) Human Services, as the Lessor, will provide one work space to LifeBridge, 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 LifeBridge for use of the Office
Space;
b. LifeBridge agrees to use ordinary care when using the Office Space;
c. LifeBridge may not sublet any part of the Office Space;
d. LifeBridge may not use the Office Space for any purpose other than
conducting the business and duties under the MYAT Agreement;
e. LifeBridge shall keep the Office Space clean and in sanitary condition;
f LifeBridge shall allow Human Services any reasonable hour of the day
to enter into or upon the Office Space.
g. LifeBridge shall be responsible for loss or damage of equipment. Any
time a Laptop Computer that is assigned to a LifeBridge staff member,
who is acting in his or her capacity as a MYAT worker, is lost or
damaged, the situation will be assessed on a case-by-case basis with
regard to whether the MYAT worker will be issued another Laptop
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Contract No.: PYII/12-CWP-25L
Computer and/or whether LifeBridge 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, LifeBridge agrees to indemnify,
save, and hold harmless Human Services from any and all loss, injury,
or damage whatsoever, to all office equipment, fumiture, equipment,
office supplies and other personal property owned by LifeBridge 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 LifeBridge;
d. That LifeBridge's employees shall escort all MYAT 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 LifeBridge, including
photocopying for purposes of MYAT functions only.
4) Human Services will provide training to the LifeBridge MYAT Employee
regarding the operations manual, the database, case documentation, treatment
planning, community resources,team building and intervention skills.
6. Role of LifeBridge
A. LifeBridge 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 MYAT to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
MYAT Operational Guidelines, as revised, and to develop appropriate treatment
plans for youth and families through FTE commitment by LifeBridge.
LifeBridge agrees to comply with the MYAT Operational Guidelines, as
revised, and MYAT participation standards through a Memorandum of
Understanding with LifeBridge 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
MYAT. LifeBridge assigned employees will assist clients in finding
counseling, basic needs and other related family support information and
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ContractNo.: PYII/12-CWP-25L
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. LifeBridge agrees to commit a 46-hour FTE, which is comprised of two individuals who
are working part-time.
C. LifeBridge will directly supervise and manage its employee(s) assigned to MYAT, in
order to meet the 46-hour FTE participation requirement.
D. LifeBridge agrees to serve a minimum of 100 eligible youth through contacts, follow-up
and case management services on a yearly basis unless LifeBridge does not provide a
full year of services. The number of eligible youth and families will be prorated based on
the time period that LifeBridge provided MYAT services.
E. LifeBridge agrees to assign staff to be housed at the Department who will be familiar
with and review with the MYAT worker the MYAT Operational Procedures. LifeBridge
will also provide the MYAT worker with the updates of changes to the Procedures as
provided by Human Services. LifeBridge agrees to ask the Human Services manager for
clarification regarding any policy or procedure that is ambiguous.
7. Weld County Families,Youth, and Children Commission:
Human Services and LifeBridge agree to assign oversight responsibilities to the Weld County
Families,Youth, and Children's(FYC) Commission to evaluate the implementation of the MYAT
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.: PYII/12-CWP-25L
EXHIBIT B
PAYMENT SCHEDULE
1. Payment Requirements
Expenses incurred by LifeBridge, in association with said project prior to the term of the
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 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 Contract or amend it
accordingly.
2. Reimbursement
Human Services agrees to pay LifeBridge a maximum of$50,753.46 for a 46-hour FTE, which is
comprised of two part-time LifeBridge employees. This reimbursement to LifeBridge will be
made in twelve (12) monthly installments of$4229.45, if LifeBridge meets the requirements of
full participation on a monthly basis, as follows:
A. LifeBridge assigned supervisor/manager will meet at least once per month with Human
Services Manager(s) responsible for the MYAT program to actively participate in the
planning and implementation of MYAT.
B. LifeBridge assigned employees who comprise the 46-hour FTE shall participate in the
required activities of MYAT as demonstrated in time sheets.
C. LifeBridge assigned employees shall provide quality data entry into the MYAT data
system to document progress in meeting the minimum involvement of 100 eligible youth
and families through contacts, follow-up and case management services.
3. Billinv_
LifeBridge agrees to bill Human Services quarterly.
Page 14 of 18
Contract No.: PY11/12-CWP-25L
EXHIBIT C
ASSURANCES
LifeBridge agrees it is an independent religious organization and its employees do not become
employees of Weld County and shall not be 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
LifeBridge or its employees, volunteers, or agents while performing duties as described in this
Agreement. LifeBridge 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 LifeBridge employees, volunteers and agents. LifeBridge 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, LifeBridge 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. LifeBridge assures that its employees, volunteers, and agents 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. LifeBridge 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 LifeBridge.
9. All such records,documents, communications, and other materials shall be the property of Human
Services and shall be maintained by LifeBridge, in a central location as custodian, on behalf of
Page 15 of 18
ContractNo.: PYII/12-CWP-25L
Human Services, for a period of four(4)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 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.
10. LifeBridge 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. Neither LifeBridge nor Human Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. LifeBridge certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of LifeBridge, 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. LifeBridge assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations. LifeBridge
understands that the source of funds to be used under this Agreement is: Colorado Works
Program.
14. LifeBridge 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
Page 16 of 18
Contract No.: PY1l/12-CWP-25L
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 LifeBridge with Human
Services when LifeBridge 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
LifeBridge to gain from knowledge of these opposing interests. It is only necessary that
LifeBridge know that the two relationships are in opposition.
During the term of the Agreement, LifeBridge 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, LifeBridge 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 LifeBridge.
16. LifeBridge shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected the
administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of LifeBridge shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian. LifeBridge shall have written policies
governing access to, duplication and dissemination of, all such information. LifeBridge shall
advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. LifeBridge 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.
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 LifeBridge in the course of providing
services under this Contract will be accorded at least the same precautions as are employed by
LifeBridge for similar information in the course of its own business.
18. LifeBridge 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 17 of 18
ContractNo.: PYII/12-CWP-25L
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement(PYI 1/12-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. LifeBridge was 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 LifeBridge 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, LifeBridge had the capacity to provide
additional resources and ongoing resources beyond what could be provided in the MYAT program
and without regard to their religious affiliation; and
4. LifeBridge 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 MYAT program
and as demonstrated by LifeBridge entering into a seventh consecutive term, through agreement;
and
5. LifeBridge 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 18 of 18
•
Contract No.: PY11/12-CWP-25B
COLORADO WORKS PROGRAM 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 1st day of July 2011, by and
between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, on behalf of the Weld County Department of Human
Services, hereinafter referred to as "Human Services", and North Range Behavioral Health, hereafter
referred to as"North Range".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Human/Social Services fund resources for
education,training,and support services for Weld County's low-income 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 North Range 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 North Range 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, North Range is dedicated to develop and participate in the Multidisciplinary Youth
Assessment Team (MYAT) with other agencies and school districts that are recognized experts in their
respective fields and that are contractors under MYAT; and
WHEREAS, North Range has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of MYAT to plan, collaborate,provide case management,and related services
required of MYAT; and
Page l of 17
02011- 435,3
Contract No.: PYI1/12-CWP-25B
WHEREAS, Human Services wishes to enter into an agreement and lease with North Range to
enable North Range facilitate the positive development of youth and the strengthening of families through
MYAT.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Term
This amended Agreement shall become effective on July I, 2011, upon proper execution of this
Agreement and will expire June 30, 2012, subject to the termination provisions set forth in
Paragraph 15,below.
2. Scope of Services
Services shall be provided by North Range 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, on behalf of North Range, shall be made on the basis of Exhibit B, "Payment
Schedule,"a copy of which is attached hereto and incorporated herein by reference.
The Agreement Budget shall establish the maximum reimbursement, which will be paid
from Human/Human Services funds during the duration of this agreement.
b. Unless otherwise instructed in Exhibit B, the County of Weld, on behalf of North Range
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. North Range 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 North Range.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in North Range's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to North Range shall be made monthly 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,and B. Work performed prior
to the execution of this Contract shall not be reimbursed or considered part of this
Agreement.
Page 2 of 17
Contract No.: PY11/12-CWP-25B
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract,North Range
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. North Range 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 North Range has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or reporting
requirements.
6. Assurances
North Range 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, North Range 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. North Range 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
Page 3 of 17
Contract No.: PY11/12-CWP-25B
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.
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 for Civil Rights.
8. Certifications
North Range 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
North Range and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by North Range and Human Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners.
North Range shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by North Range 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.
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 North Range 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 North Range. These remedial actions are as follows:
a. Withhold payment to North Range 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 North Range cannot be
performed or if performed would be of no value to the Human Services. Denial of the
Page 4 of 17
Contract No.: PYII/12-CWP-25B
amount of payment shall be reasonably related to the amount of work or deliverables lost
to Human Services;
c. Incorrect payment to North Range due to omission, error, fraud, and/or defalcation shall
be recovered from North Range by deduction from subsequent payments under this
Agreement or other agreements between Human Services and North Range, 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: For North Range Behavioral Health:
Mark Lindquist, Manager 2 Jacki Kennedy, Deputy Director
Name Title Name Title
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: North Range Behavioral Health:
Judy A. Griego, Director Larry D. Pottorff, Executive Director
P.O. Box A 1300 N 17th Avenue
Greeley,CO 80632 Greeley, CO 80631
14. Litigation
North Range shall promptly notify Human Services in the event that North Range learns of any
actual litigation in which it is a party defendant in a case, which involves services provided under
this Agreement. North Range, 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 upon thirty (30) days written
notice. In addition, this Agreement may be terminated immediately if funding for this program
becomes unavailable.
Page 5 of 17
Contract No.: PYII/12-CWP-25B
This Agreement may be terminated at any time by either party upon thirty (30) days written
notice. In addition, this Agreement may be terminated immediately if funding for this program
becomes unavailable.
16. 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.
17. 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.
18. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and North Range, concerning this Agreement,
the parties agree that Weld County shall not be liable to or responsible for the payment of attomey
fees and/or legal costs incurred by or on behalf of North Range.
SIGNED this 31day of August 2011.
COUNTY OF WELD COLORADO,
ATTEST:5 ' $s C La BY AND THROUGH THE BOARD OF
Weld County Clerk to the Board ,`OUNTY COMMISSIONERS OF THE
,�. IOUNTY OF WELD, ON BEHALF OF
1861trgC.? -(1/42•`
HE WELD COUNTY DEPARTMENT OF
UMAN SERVICES
•
By. lam/ �3����d t.
Deputy C "to the Board
By: p.
APPROV TO FO Sean P. Conway, Chair Pro-`-- em
By: AUG 3 1 2011
County Attorney
APP a` M
By:
Chair, an flies, Youth and Children
Commission, Weld County
APPROVES AS TI SUI TA. •
By:
J A. Grie_., Directo , eld C.0 ty
Cr e.artment o Human S vices
Page 6 of 17
Cir— 073
Contract No.: PYII/12-CWP-25B
SIGNED thisA1� day of 4.l ,2011.
North Range Behavioral Health
B B.
L ry D. Pottorff
Title: cutive Directo
Page 7 of 17
Contract No.: PY11/12-CWP-25B
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
developing a MYAT program through a collaborative partnership in the interest of positive youth
development and the strengthening of families for eligible Colorado Works Program youth.
1. General Description of Services
A. North Range and Human Services collaboratively will develop and refine MYAT quality
services and evidence-based practices and outcomes in the areas of:
1) A community-wide system to meet the needs of youth and families in conflict or
in need of positive youth development.
2) Specific treatment 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) Case management services including interviewing, making appropriate home
visits, accepting the assignment of specific cases for purposes of connecting
services outlined in the treatment plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
B. North Range 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 North Range to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
2. Scope of Services
Page 8 of 17
Contract No.: PY11/12-CWP-25B
At a minimum, the MYAT program, through its collaboration between North Range 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 allocated financial resources, assigned specific number of
FTE's, and improved collaborative efforts related to communication and management of
Weld County families' treatment needs within Human Services and North Range to
continue the MYAT 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) Graduate youth from school or GED, if appropriate.
3) Affect positive wage gains for youth.
4) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
E. The project successfully reduced the number of minority youth entering the child welfare
and adjudicated as a youth offender.
3. Youth and Families to be Served
A. North Range agrees to serve a minimum of 100 eligible youth through contacts, follow-up and
case management services on a yearly basis unless North Range does not provide a full year of
services. The number of eligible youth and families will be prorated based on the time period that
North Range provided MYAT services.
4. Eligible Youth
Human Services shall be responsible for identifying and referring youth and their families who are
eligible for the project. The eligible youth and their families include:
1) Youth who are not involved with child welfare or juvenile justice system and are aged ten
through seventeen years of age; and
2) Youth and families experiencing conflicts regarding alcohol and drugs, suicidal ideation,
runaway behaviors,depression,truancy,and/or disobedience; and
3) Youth from families who are applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level;or
4) Youth from families who are non-custodial parents and are unemployed or
underemployed and have incomes below 185%of poverty level; or
5) Youth from families who mcet 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.
Page 9 of 17
Contract No.: PYII/12-CWP-25B
5. 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 North Range.
C. Human Services will be responsible for the identification and referral of youth and
families the MYAT Assessment Team,and assignment of cases to North Range.
D. Human Services will manage biweekly meetings to be held between the North Range
MYAT Employee and Human Services. Human Services will manage at least monthly
meetings to be held between the assigned North Range 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 MYAT clients,
as authorized by Human Services, and which are not duplicative of existing community
resources, identified as a result of the MYAT 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 two work spaces to North Range,as
Lessee,which will 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 North Range for use of the
Office Space;
b. North Range agrees to use ordinary care when using the Office Space;
c. North Range may not sublet any part of the Office Space;
d. North Range may not use the Office Space for any purpose other than
conducting the business and duties under the MYAT Agreement;
e. North Range shall keep the Office Space clean and in sanitary
condition;
f. North Range shall allow Human Services any reasonable hour of the
day to enter into or upon the Office Space.
g. North Range shall be responsible for loss or damage of equipment.
Any time a Laptop Computer that is assigned to a North Range staff
member,who is acting in his or her capacity as a MYAT worker, is lost
or damaged, the situation will be assessed on a case-by-case basis with
regard to whether the MYAT worker will be issued another Laptop
Page 10 of 17
Contract No.: PY11/12-CWP-25B
Computer and/or whether North Range 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, North Range 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 North Range 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 North Range;
d. That North Range's employees shall escort all MYAT 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 North Range, including
photocopying for purposes of MYAT functions only.
4) Human Services will provide training to the North Range MYAT Employee
regarding the operations manual, the database, case documentation, treatment
planning,community resources,team building and intervention skills.
6. Role of North Range
A. North Range 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 MYAT to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
MYAT Operational Guidelines, as revised,and to develop appropriate treatment
plans for youth and families through FTE commitment by North Range. North
Range agrees to comply with the MYAT Operational Guidelines,as revised,and
MYAT participation standards through a Memorandum of Understanding with
North Range 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
MYAT. North Range 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
Page 11 of 17
Contract No.: PY11/12-CWP-25B
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. North Range agrees to commit two 40-hour FTE's.
C. North Range will directly supervise and manage its employee(s) assigned to MYAT in
order to meet each 40-hour FTE's participation requirement.
D. North Range agrees to serve a minimum of 100 eligible youth through contacts, follow-
up and case management services on a yearly basis unless North Range does not provide
a full year of services. The number of eligible youth and families will be prorated based
on the time period that North Range provided MYAT services.
E. North Range agrees to assign staff to be housed at the Department who will be familiar
with and review with the MYAT worker the MYAT Operational Procedures. North
Range will also provide the MYAT worker with the updates of changes to the Procedures
as provided by Human Services. North Range agrees to ask the Human Services
manager for clarification regarding any policy or procedure that is ambiguous.
7. Weld County Families,Youth, and Children Commission:
Human Services and North Range agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC)Commission to evaluate the implementation of the MYAT
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 12 of 17
Contract No.: PYI I/12-CWP-25B
EXHIBIT B
PAYMENT SCHEDULE
Payment Requirements
Expenses incurred by North Range, 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 North Range a maximum of$44,133.44 for each 40-hour FTE,
assigned to MYAT, which is comprised of two full-time North Range employees. This
reimbursement to North Range will be made in twelve (12) installments of$3,677.79,per FTE if
North Range meets the requirements of full participation on a monthly basis, as follows:
A. The assigned North Range supervisor/manager or designee will have contact at least once
per month with Human Services Manager(s) responsible for the MYAT program to
actively participate in the planning and implementation of MYAT.
B. North Range assigned employees who comprise two 40-hour FTEs, shall participate in
the required activities of MYAT as demonstrated in time sheets.
C. North Range assigned employees are providing quality data entry into the MYAT data
system to document progress in serving a minimum of 100 eligible youth and families per
FTE through contacts,follow-up and case management services.
3. Billing
North Range agrees to bill Human Services monthly.
Page 13 of 17
Contract No.: PYII/12-CWP-25B
EXHIBIT C
ASSURANCES
1. North Range agrees it is an independent organization and its employees do not become employees
of Weld County and shall not be 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 North
Range or its employees, volunteers, or agents while performing duties as described in this
Agreement. North Range 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 North Range employees, volunteers and agents. North Range 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, North Range 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. North Range assures that its employees, volunteers, and agents 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. North Range 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 North Range.
Page 14 of 17
Contract No.: PY11/12-CWP-25B
9. All such records, documents, communications, and other materials shall be the property of Human
Services and shall be maintained by North Range, in a central location as custodian, on behalf of
Human Services, for a period of four(4)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 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.
10. North Range 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. Neither North Range nor Human Services may assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. North Range certifies that Federal appropriated funds have not been paid or will be paid,by or on
behalf of North Range, 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. North Range assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations. North Range
understands that the source of funds to be used under this Agreement is: Colorado Works
Program.
14. North Range 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;
Page 15 of 17
Contract No.: PYII/12-CWP-25B
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 North Range with Human
Services when North Range 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 North Range to gain from knowledge of these opposing interests. It is only
necessary that North Range know that the two relationships are in opposition.
During the term of the Agreement, North Range 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, North Range 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 North Range.
16. North Range shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected the
administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of North Range shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian. North Range shall have written policies
governing access to, duplication and dissemination of, all such information. North Range shall
advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. North Range 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.
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 North Range in the course of providing
services under this Contract will be accorded at least the same precautions as are employed by
North Range for similar information in the course of its own business.
18. North Range 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 16 of 17
Contract No.: PYII/12-CWP-25B
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement(PY11/12-CWP-25B)was waived for the following reasons:
1. North Range 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 MYAT Program; and
2. North Range 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. North Range 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 MYAT program
and as demonstrated by North Range entering into a ninth consecutive term, through agreement;
and
Judy A.Griego, Director
Weld County Department of Human Services
Page 17 of 17
Contract No.: PYII/12-CWP-25E
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND
LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
PROBATION DEPARTMENT 19TH JUDICIAL DISTRICT
(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 2011, by and
between the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, on behalf of the Weld County
Department of Human Services, hereinafter referred to as "Human Services", and Probation
Department 19th Judicial District,hereafter referred to as"Probation".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Human/Social Services fund resources for
education,training, and support services for Weld County's low-income 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 Probation 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 Probation 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, Probation is dedicated to develop and participate in the Multidisciplinary Youth
Assessment Team (MYAT) with other agencies and school districts that are recognized experts in their
respective fields and that are contractors under MYAT,as a"MYAT Partner";and
WHEREAS, Probation has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of MYAT to plan,collaborate,provide case management, and related services
required of MYAT; and
Page I of 17
oii- a39
ContractNo.: PYII/12-CWP-25E
WHEREAS,Human Services wishes to enter into an agreement and lease with Probation to enable
Probation facilitate the positive development of youth and the strengthening of families through MYAT.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
Term
This Agreement shall become effective on July 1, 2011, upon proper execution of this Agreement
and will expire June 30, 2012, subject to the termination provisions set forth in Paragraph 15,
below.
2. Scone of Services
Services shall be provided by Probation 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, on behalf of Probation, shall be made on the basis of Exhibit B, "Payment
Schedule," a copy of which is attached hereto and incorporated herein by reference.
The Agreement Budget shall establish the maximum reimbursement, which will be paid
from Human/Human Services funds during the duration of this agreement.
b. Unless otherwise instructed in Exhibit B, the County of Weld, on behalf of Probation
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. Probation 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 Probation.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Probation's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to Probation shall be made monthly 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, and B. Work performed prior
to the execution of this Contract shall not be reimbursed or considered part of this
Agreement.
4. Financial Management
Page 2 of 17
•
Contract No.: PYI1/12-CWP-25E
At all times from the effective date of this Contract until completion of this Contract, Probation
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. Probation 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 Probation has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or reporting
requirements.
6. Assurances
Probation 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, Probation 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. Probation acknowledges that the
following laws are included:
-Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-I
a sea. 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
-the Employment of Illegal Immigrants,C.RS. §8-17.5-101;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
Page 3 of 17
Contract No.: PY11/12-CWP-25E
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.
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 for Civil Rights.
8. Certifications
Probation 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
Probation and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Probation and Human Services. The results of the monitoring
and evaluation shall be provided to the Board of Weld County Commissioners.
Probation shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by Probation 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.
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 Probation 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 Probation. These remedial actions are as follows:
a. Withhold payment to Probation 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 Probation cannot be
performed or if performed would be of no value to the Human Services. Denial of the
Page 4 of 17
Contract No.: PY11/12-CWP-25E
amount of payment shall be reasonably related to the amount of work or deliverables lost
to Human Services;
c. Incorrect payment to Probation due to omission, error, fraud, and/or defalcation shall be
recovered from Probation by deduction from subsequent payments under this Agreement
or other agreements between Human Services and Probation, 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: For Probation Department 19th Judicial District:
Mark Lindquist, Manager 2 Kevin Nelan, Chief Probation Officer
Name Title Name Title
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: Weld County Probation:
Judy A. Griego, Director Kevin Nelan,
Chief Probation Officer
P.O. Box A 934 9th Avenue
Greeley, CO 80632 Greeley,CO 80631
14. Litigation
Probation shall promptly notify Human Services in the event that Probation learns of any actual
litigation in which it is a party defendant in a case, which involves services provided under this
Agreement. Probation, 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
Page 5 of 17
Contract No.: PYII/12-CWP-25E
This Agreement may be terminated at any time by either party upon thirty (30) days written
notice. In addition, this Agreement may be terminated immediately if funding for this program
becomes unavailable.
16. 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.
17. 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.
18. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and Probation, 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 Probation.
SIGNED this 31 day of August 2011
COUNTY OF WELD COLORADO,
ATTEST: / Imo. t ' "uJ ` BY AND THROUGH THE BOARD OF
Weld County Clerk to the Boar. ,�. , COUNTY COMMISSIONERS OF THE
rVS1/42 ' COUNTY OF WELD, ON BEHALF OF
1961 � y ; 1� THE WELD COUNTY DEPARTMENT OF
2, HUMAN SERVICES
By: � �12i� 4jr�
Deputy CI to the Board r
By:
APPROVED YS TO FORM: Sean P. Conway, Chair Pro—Tern
By: AUG 3 1 2011
County Attorney
APPROVED:
y""� APPROVED AS TO SUBSTANCE:
By: hit By.
Chair, milies,Youth and Children Judy riego, Di ector, Weld ounty
Commission, Weld County Depa m nt of H an Services
Page 6 of 17
ao//- a 3
Contract No.: PYI1/12-CWP-25E
SIGNED this l !day of 4"9'S ',2011.
::1tb0)
a D partme 19`h udic/iiaallDiistrict
Title: C�'�T ar���'C�' Girt/CH,'
Page 7 of 17
Contract No.: PYII/12-CWP-25E
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
developing a MYAT program through a collaborative partnership in the interest of positive youth
development and the strengthening of families for eligible Colorado Works Program youth.
General Description of Services
A. Probation and Human Services collaboratively will develop and refine MYAT quality
services and evidence-based practices and outcomes in the areas of:
1) A community-wide system to meet the needs of youth and families in conflict or
in need of positive youth development.
2) Specific treatment 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) Case management services including interviewing, making appropriate home
visits, accepting the assignment of specific cases for purposes of connecting
services outlined in the treatment plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
B. Probation 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 Probation to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
2. Scope of Services
At a minimum, the MYAT program, through its collaboration between Probation and Human
Services, will document if:
Page 8 of 17
Contract No.: PYII/12-CWP-25E
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 re-focused resources within Human Services and Probation to
continue the MYAT 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) Graduate youth from school or GED, if appropriate.
3) Affect positive wage gains for youth.
4) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
E. The project successfully reduced the number of minority youth entering the child welfare
and adjudicated as a youth offender.
3. Youth and Families to be Served
A. Probation agrees to serve a minimum of 100 eligible youth through contacts, follow-up and
case management services on a yearly basis unless Probation does not provide a full year of
services. The number of eligible youth and families will be prorated based on the time period that
Probation provided MYAT services.
4. Eligible Youth
Human Services shall be responsible for identifying and referring youth and their families who are
eligible for the project. The eligible youth and their families include:
1) Youth who are not involved with child welfare or juvenile justice system and are aged ten
through seventeen years of age;and
2) Youth and families experiencing conflicts regarding alcohol and drugs, suicidal ideation,
runaway behaviors,depression,truancy,and/or disobedience; and
3) Youth from families who are applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level;or
4) Youth from families who are non-custodial parents and are unemployed or
underemployed and have incomes below 185%of poverty level; or
5) Youth from 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. Role of Human Services and Lease of Office Spaces
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Contract No.: PY11/12-CWP-25E
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 Probation.
C. Human Services will be responsible for the identification and referral of youth and
families the MYAT Assessment Team, and assignment of cases to Probation.
D. Human Services will manage biweekly meetings to be held between the Probation
MYAT Employee and Human Services. Human Services will manage at least monthly
meetings to be held between the assigned Probation 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 MYAT clients,
as authorized by Human Services, and which are not duplicative of existing community
resources, identified as a result of the MYAT 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 Probation, 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 Probation for use of the Office
Space;
b. Probation agrees to use ordinary care when using the Office Space;
c. Probation may not sublet any part of the Office Space;
d. Probation may not use the Office Space for any purpose other than
conducting the business and duties under the MYAT Agreement;
e. Probation shall keep the Office Space clean and in sanitary condition;
f Probation shall allow Human Services any reasonable hour of the day
to enter into or upon the Office Space.
g. Probation shall be responsible for loss or damage of equipment. Any
time a Laptop Computer that is assigned to a Probation staff member,
who is acting in his or her capacity as a MYAT worker, is lost or
damaged, the situation will be assessed on a case-by-case basis with
regard to whether the MYAT worker will be issued another Laptop
Computer and/or whether Probation will be required to reimburse the
County for the lost or damaged equipment.
Page 10 of 17
Contract No.: PYII/12-CWP-25E
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, Probation 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 Probation 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 Probation;
d. That Probation's employees shall escort all MYAT 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 Probation, including
photocopying for purposes of MYAT functions only.
4) Human Services will provide training to the Probation MYAT Employee
regarding the operations manual, the database, case documentation, treatment
planning,community resources,team building and intervention skills.
6. Role of Probation
A. Probation 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 MYAT to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
MYAT Operational Guidelines, as revised, and to develop appropriate treatment
plans for youth and families through FTE commitment by Probation. Probation
agrees to comply with the MYAT Operational Guidelines, as revised, and
MYAT participation standards through a Memorandum of Understanding with
Probation 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
MYAT. Probation 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.
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Contract No.: PY11/12-CWP-25E
4) As a community resource for appropriate services, including Medicaid services,
to meet the requirements of treatment plans.
B. Probation agrees to commit a 40-hour FTE.
C. Probation will directly supervise and manage its employee(s) assigned by Probation in
order to meet the 40-hour FTE participation requirement.
D. Probation agrees to serve a minimum of 100 eligible youth through contacts, follow-up
and case management services on a yearly basis unless Probation does not provide a full
year of services. The number of eligible youth and families will be prorated based on the
time period that Probation provided MYAT services.
E. Probation agrees to assign staff to be housed at the Department who will be familiar with
and review with the MYAT worker the MYAT Operational Procedures. Probation will
also provide the MYAT worker with the updates of changes to the Procedures as
provided by Human Services. Probation agrees to ask the Human Services manager for
clarification regarding any policy or procedure that is ambiguous.
7. Weld County Families,Youth, and Children Commission:
Human Services and Probation agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC) Commission to evaluate the implementation of the MYAT
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.: PYI 1/12-CWP-25E
EXHIBIT B
PAYMENT SCHEDULE
1. Payment Requirements
Expenses incurred by Probation, in association with said project prior to the term of the
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 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 Contract or amend it
accordingly.
2. Reimbursement
Human Services agrees to pay Probation a maximum of $44,133.44 for a 40-hour FTE. This
reimbursement to Probation will be made in twelve (12) installments of$3,677.79, if Probation
meets the requirements of full participation on a monthly basis, as follows:
A. The assigned Probation supervisor/manager will meet at least once per month with
Human Services Manager(s)responsible for the MYAT program to actively participate in
the planning and implementation of MYAT.
B. Probation assigned employees who comprise the 40-hour FTE shall participate in the
required activities of MYAT as demonstrated in time sheets.
C. Probation assigned employees shall provide quality data entry into the MYAT data
system to document progress in meeting the minimum involvement of 100 eligible youth
and families through contacts, follow-up and case management services.
3. Billing
Probation agrees to bill Human Services monthly.
Page 13 of 17
Contract No.: PYII/12-CWP-25E
EXHIBIT C
ASSURANCES
1. Probation agrees it is an independent organization and its employees do not become employees of
Weld County and shall not be 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
Probation or its employees, volunteers, or agents while performing duties as described in this
Agreement. Probation 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 Probation employees, volunteers and agents. Probation 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, Probation 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. Probation assures that its employees, volunteers, and agents 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. Probation 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 Probation.
9. All such records, documents, communications, and other materials shall be the property of Human
Services and shall be maintained by Probation, in a central location as custodian, on behalf of
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Contract No.: PY11/12-CWP-25E
Human Services, for a period of four(4)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 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.
10. Probation 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. Neither Probation nor Human Services may assign any of its rights
or obligations hereunder without the prior written consent of both parties.
12. Probation certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of Probation, 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. Probation assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations. Probation
understands that the source of funds to be used under this Agreement is: Colorado Works
Program.
14. Probation 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
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Contract No.: PYII/12-CWP-25E
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 Probation with Human
Services when Probation 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
Probation to gain from knowledge of these opposing interests. It is only necessary that Probation
know that the two relationships are in opposition.
During the term of the Agreement, Probation 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, Probation 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 Probation.
16. Probation shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected the
administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of Probation shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian. Probation shall have written policies
governing access to, duplication and dissemination of, all such information. Probation shall
advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Probation 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.
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 Probation in the course of providing
services under this Contract will be accorded at least the same precautions as are employed by
Probation for similar information in the course of its own business.
18. Probation 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 16 of 17
•
Contract No.: PY11/12-CWP-25E
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement(PYI 1/12-CWP-25C)was waived for the following reasons:
1. Probation meets the criterion as a key stakeholder with regards to §24-1.9-101, et. seq,(HB04-
1451), as it is the sole local judicial district, including probation services serving Weld County and
such law reflects the principles of the MYAT Program;and
2. Probation has the long-term commitment(minimum of three years)with Human Services to build
a collaborative community team required of the MYAT program and as demonstrated by
Probation entering into a seventh consecutive term,through agreement.
Judy A. Griego, Director
Weld County Department of Human Services
Page 17 of 17
•
ContractNo.: PYII/12-CWP-25F
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND
LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
(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 2011, by and between the
County of Weld, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services", and the St. Vrain Valley School District RE-1J, hereafter
referred to as"St Vrain".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies;and
WHEREAS, the County of Weld has provided Human/Social Services fund resources for
education,training, and support services for Weld County's low-income 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 St. Vrain 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 St. Vrain 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, St. Vrain is dedicated to develop and participate in the Multidisciplinary Youth
Assessment Team (MYAT) with other agencies and school districts that are recognized experts in their
respective fields and that are contractors under MYAT; and
WHEREAS, St. Vrain has the expertise and wishes to commit the appropriate staff and managerial
support on behalf of MYAT to plan, collaborate,provide case management,and related services required of
MYAT;and
Page 1of18 CC//
//-a�JY3
Contract No.: PY11/12-CWP-25F
WHEREAS, Human Services wishes to enter into an agreement and lease with St. Vrain to enable
St. Vrain facilitate the positive development of youth and the strengthening of families through MYAT;
and
WHEREAS, St. Vrain has the fiscal ability to enter into a long-term commitment(3 years)with
the Department
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, 2011, upon proper execution of this Agreement
and will expire June 30, 2012, subject to the termination provisions set forth in Paragraph 15,
below.
2. Scope of Services
Services shall be provided by St. Vrain 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, St. Vrain 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. St. Vrain shall submit all
itemized quarterly billings to the Human Services no later than the fifteenth (15) day of
the month following the quarter the cost was incurred. Billings must be signed by St.
Vrain.
Failure to submit quarterly billings in accordance with the terms of this agreement shall
result in St. Vrain's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to St. Vrain shall be made quarterly 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, through the Colorado Works program, funding
for the MYAT Program's 2011-2012 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
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Contract No.: PY1 I/12-CWP-25F
to the effective date of this Agreement shall not be reimbursed or considered part of this
Agreement.
4. Financial Management
At all times from the effective date of this Agreement until completion of this Agreement, St.
Vrain 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. St. Vrain 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 St. Vrain has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or reporting
requirements as described in Exhibit B,2.
6. Assurances
St. Vrain 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, St. Vrain 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. St. Vrain 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
-the Employment of Illegal Immigrants, C.RS. §8-17.5-101;and
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Contract No.: PYII/12-CWP-25F
-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 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
St. Vrain 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
St. Vrain and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by St. Vrain and Human Services. The results of the monitoring
and evaluation shall be provided to the Board of Weld County Commissioners, as permitted by
law.
St. Vrain shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by St. Vrain 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 St. Vrain's 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 St. Vrain 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 St.
Vrain. These remedial actions are as follows:
a. The Director of Human Services or designee will provide written notification related to
the St. Vrain failure to satisfy the scope of work described in this agreement within five
business days of discovery. St. Vrain will provide a plan to correct their failure within
five business days of receiving notification. Nothing in this paragraph shall be construed
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Contract No.: PYII/12-CWP-25F
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 St. Vrain until the necessary services or corrections in performance
are satisfactorily completed;
c. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by St. Vrain 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 St. Vrain due to omission, error, fraud, and/or defalcation shall be
recovered from St. Vrain by deduction from subsequent payments under this Agreement
or other agreements between Human Services and St. Vrain, 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: For St. Vrain:
Mark Lindquist, Manager 2 Jacalyn Whittington,Director Student Services
Name Title Name Title
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: St. Vrain:
Judy A. Griego, Director Jacalyn Whittington
P.O. Box A 395 South Pratt Parkway
Greeley, CO 80632 Longmont CO 80501
14. Litigation
St. Vrain shall promptly notify Human Services in the event that St. Vrain learns of any actual
litigation in which it is a party defendant in a case, which involves services provided under this
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Contract No.: PY11/12-CWP-25F
Agreement. St. Vrain, 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 upon thirty (30) days written
notice, or may be terminated immediately upon the unavailability of funding for this program,
unless otherwise indicated in this Agreement.
16. 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.
17. 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.
18. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and St. Vrain, 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 St. Vrain.
Page 6 of 18
Contract No.: PY11/I2-CWP-25F
SIGNED this 31 day of August,2011.
ri COUNTY OF WELD COLORADO,
ATTEST: r i ^ `% BY AND THROUGH THE BOARD OF
Weld County Clerk to the Board It � 1 `COUNTY COMMISSIONERS OF THE
6Y ' OUNTY OF WELD, ON BEHALF OF
a�^ �,y
/ tt61 t J,kYi" � HE WELD COUNTY DEPARTMENT OF
Y- UMAN SERVICES
By. 1 . ' /L . . l's t? ' Sl�
Deputy CI to the Board p
By: Ca—
APPROVED AS TO FORM: Sean P. Conway, Chair Pro-Tern
-_,,7
'
i AUG 3 1 2011
By: •
ounty Attorney
APPROVED:
By:
Chair, ilies, Youth and Chdren
Commission, Weld County
APPROVED AS TO SUBSTAN
By
1 d A. Grie:. Director, eld Cou
-.artment o uman Se 1 ices
Page 7 of 18
aO#-ioW3
Contract No.: PYII/12-CWP-25F
SIGNED this day of ,2011.
ST.VRAIN VALLEY SCHOOL DISTRICT RE-1J.
BY: -pact 4 et yr ki.lit-fl a-,/i_44_h
Jaclyn Whittington, Executive Director Student Services
Page 8 of 18
Contract No.: PYII/12-CWP-25F
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
developing a MYAT program through a collaborative partnership in the interest of positive youth
development and the strengthening of families for eligible Colorado Works Program youth.
1. General Description of Services
A. St. Vrain and Human Services collaboratively will develop and refine MYAT quality
services and evidence-based practices and outcomes in the areas of:
I) A community-wide system to meet the needs of youth and families in conflict or
in need of positive youth development.
2) Specific treatment 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) Case management services including interviewing, making appropriate home
visits, accepting the assignment of specific cases for purposes of connecting
services outlined in the treatment plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
B. St. Vrain 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 St. Vrain to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
2. Scope of Services
At a minimum, the MYAT program, through its collaboration between St. Vrain and Human
Services, will document if:
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Contract No.: PY11/12-CWP-25F
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 St. Vrain to
continue the MYAT 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) Graduate youth from school or GED, if appropriate.
3) Affect positive wage gains for youth.
4) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
E. The project successfully reduced the number of minority youth entering the child welfare
and adjudicated as a youth offender.
3. Youth and Families to be Served
A. St. Vrain agrees to serve a minimum of 100 eligible youth through contacts, follow-up and case
management services on a yearly basis unless St. Vrain does not provide a full year of services.
The number of eligible youth and families will be prorated based on the time period that St. Vrain
provided MYAT services.
4. Eligible Youth
Human Services shall be responsible for identifying and referring youth and their families who are
eligible for the project. The eligible youth and their families include:
1) Youth who are not involved with child welfare or juvenile justice system and are aged ten
through seventeen years of age; and
2) Youth and families experiencing conflicts regarding alcohol and drugs, suicidal ideation,
runaway behaviors, depression,truancy,and/or disobedience; and
3) Youth from families who are applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level; or
4) Youth from families who are non-custodial parents and are unemployed or
underemployed and have incomes below 185%of poverty level;or
5) Youth from 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. Role of Human Services and Lease of Office Spaces
Page 10 of 18
Contract No.: PY11/12-CWP-25F
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 St. Vrain.
C. Human Services will be responsible for the identification and referral of youth and
families the MYAT Assessment Team,and assignment of cases to St. Vrain.
D. Human Services will manage biweekly meetings to be held between the St. Vrain MYAT
Employee and Human Services. Human Services will manage at least monthly meetings
to be held between the assigned St. Vrain 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 MYAT clients,
as authorized by Human Services, and which are not duplicative of existing community
resources, identified as a result of the MYAT recommended treatment plan options.
F. Human Services, as the Lessor, will provide "Office Space", located in either the Weld
County Department of Human Services Building at 315 North 11h Avenue, Greeley,
Colorado, hereinafter referred to as "the Premises" or located in the Weld County
Southwest Administration Building at 4209 WCR 24 'A, Longmont, Colorado, hereinafter
referred to as"the Southwest Premises",as follows:
1) Human Services, as the Lessor, will provide one work space to St. Vrain, 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
fol lows:
a. Human Services will charge no rent to St. Vrain for use of the Office
Space;
b. St. Vrain agrees to use ordinary care when using the Office Space;
c. St. Vrain may not sublet any part of the Office Space;
d. St. Vrain may not use the Office Space for any purpose other than
conducting the business and duties under the MYAT Agreement;
e. St. Vrain shall keep the Office Space clean and in sanitary condition;
St. Vrain shall allow Human Services any reasonable hour of the day to
enter into or upon the Office Space.
g. St. Vrain shall be responsible for loss or damage of equipment. Any
time a Laptop Computer that is assigned to a St. Vrain staff member,
who is acting in his or her capacity as a MYAT worker, is lost or
damaged, the situation will be assessed on a case-by-case basis with
regard to whether the MYAT worker will be issued another Laptop
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Contract No.: PY1 I/12-CWP-25F
Computer and/or whether St. Vrain 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, St. Vrain 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 St. Vrain 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 St. Vrain;
d. That St. Vrain's employees shall escort all MYAT 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 St. Vrain, including
photocopying for purposes of MYAT functions only.
4) Human Services will provide training to the St. Vrain MYAT Employee
regarding the operations manual, the database, case documentation, treatment
planning, community resources,team building and intervention skills.
6. Role of St. Vrain
A. St. Vrain 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 MYAT to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
MYAT Operational Guidelines, as revised, and to develop appropriate treatment
plans for youth and families through FTE commitment by St. Vrain. St. Vrain
agrees to comply with the MYAT Operational Guidelines, as revised, and
MYAT participation standards through a Memorandum of Understanding with
St. Vrain 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
MYAT. St. Vrain assigned employees will assist clients in finding counseling,
basic needs and other related family support information and services. This may
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ContractNo.: PYII/12-CWP-25F
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. St. Vrain agrees to commit a 35-hour FTE. 25% of the St. Vrain FTE position will be
committed to addressing youth with truancy issues.
C. St. Vrain will directly supervise and manage its employee(s) assigned by St. Vrain in
order to meet the 35-hour FTE participation requirement.
D. St. Vrain agrees to serve a minimum of 100 eligible youth through contacts, follow-up
and case management services on a yearly basis unless St. Vrain does not provide a full
year of services. The number of eligible youth and families will be prorated based on the
time period that St. Vrain provided MYAT services.
E. St. Vrain agrees to assign staff to be housed at the Department who will be familiar with
and review with the MYAT worker the MYAT Operational Procedures. St. Vrain will
also provide the MYAT worker with the updates of changes to the Procedures as
provided by Human Services. St. Vrain agrees to ask the Human Services manager for
clarification regarding any policy or procedure that is ambiguous.
7. Weld County Families, Youth,and Children Commission:
Human Services and St. Vrain agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC) Commission to evaluate the implementation of the MYAT
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.: PY I1/12-C W P-25 F
EXHIBIT B
PAYMENT SCHEDULE
Payment Requirements
Expenses incurred by St. Vrain, 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 St. Vrain a maximum of $40,483.90 for a 37-hour FTE. This
reimbursement to St. Vrain will be made in four (4) quarterly installments of$10,120.97 if St.
Vrain substantially meets the requirements of full participation on a monthly basis,as follows:,
A. The assigned St. Vrain supervisor/manager or designee will have contact at least once per
month with Human Services Manager(s) responsible for the MYAT program to actively
participate in the planning and implementation of MYAT.
B. St. Vrain assigned employees who comprise the 37-hour FTE, are participating in the
required activities of MYAT as demonstrated in time sheets.
C. St. Vrain assigned employees are providing quality data entry into the MYAT data
system to document progress in serving a minimum of 100 eligible youth through
contacts, follow-up and case management services.
3. Billing
St. Vrain agrees to bill Human Services quarterly. Billing shall be on or about the fifteenth (15)
day of the month following the quarter 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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ContractNo.: PY11/12-CWP-25F
EXHIBIT C
ASSURANCES
St. Vrain agrees it is an independent contractor and its employees do not become employees of
Weld County and shall not be entitled to any employee benefits as Weld County employees, as the
result of the execution of this Agreement.
2. 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 St. Vrain or its employees, volunteers, or agents while performing
duties as described in this Agreement. St. Vrain 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 St. Vrain employees, volunteers and agents. St. Vrain 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, St. Vrain 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. St. Vrain 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 St. Vrain.
8. All such MYAT 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 govemment 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.
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Contract No.: PY I 1/12-CWP-25F
9. St. Vrain 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 St. Vrain nor Human Services may assign any of its rights or
obligations hereunder without the prior written consent of both parties.
11. St. Vrain certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of St. Vrain,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. St. Vrain assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations. St. Vrain
understands that the source of funds to be used under this Agreement is: Colorado Works
Program.
13. St. Vrain 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.: PYII/12-CWP-25F
14. The Appearance of Conflict of Interest applies to the relationship of St. Vrain 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 St. Vrain 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. St. Vrain shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement,as required by law.
16. 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.
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 State's site by St. Vrain in the course of providing
services under this Agreement will be accorded at least the same precautions as are employed by
St. Vrain for similar information in the course of its own business.
17. St. Vrain 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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ContractNo.: PYII/12-CWP-25F
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement(PY11/12-CWP-25F)was waived for the following reasons:
1. St. Vrain meets the criterion as a key stakeholder with regards to § 24-1.9-101,et. seq,(HB04-
1451), as it remains a principal local school district and such law reflects the principles of the
MYAT Program; and
2. St. Vrain is the second largest school in the County and has a significant number of disadvantaged
and impoverished youth;and
3. St. Vrain 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 MYAT program
and as demonstrated by St. Vrain entering into a seventh consecutive term, through agreement;
and
4. School District 6,the largest school in Weld County, waived participation in the MYAT Program;
and
5. St. Vrain, with School District RE-8, 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
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ContractNo.: PYI1/12-CWP-25C
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND
LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
WELD COUNTY 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 2011,by and between the
County of Weld, a political subdivision of the State of Colorado,by and through the Board of County
Commissioners of the County of Weld,on behalf of the Weld County Department of Human Services,
hereinafter referred to as"Human Services",and Weld County Public Health and Environment, hereafter
referred to as"Public Health".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Human/Social Services fund resources for
education,training, and support services for Weld County's low-income 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 Public Health 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 Public Health 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, Public Health is dedicated to develop and participate in the Multidisciplinary Youth
Assessment Team (MYAT) with other agencies and school districts that are recognized experts in their
respective fields and that are contractors under MYAT; and
WHEREAS, Public Health has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of MYAT to plan, collaborate, provide case management,and related services
required of MYAT; and
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Contract No.: PYI1/12-CWP-25C
WHEREAS, Human Services wishes to enter into an agreement and lease with Public Health to
enable Public Health facilitate the positive development of youth and the strengthening of families through
MYAT.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
Term
This amended Agreement shall become effective on July 1, 2011, upon proper execution of this
Agreement and will expire June 30, 2012, subject to the termination provisions set forth in
Paragraph 15, below.
2. Scone of Services
Services shall be provided by Public Health 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, on behalf of Public Health, shall be made on the basis of Exhibit B, "Payment
Schedule," a copy of which is attached hereto and incorporated herein by reference.
The Agreement Budget shall establish the maximum reimbursement, which will be paid
from Human/Human Services funds during the duration of this agreement.
b. Unless otherwise instructed in Exhibit B, the County of Weld, on behalf of Public Health
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. Public Health 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 Public Health.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Public Health's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to Public Health shall be made monthly 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, and B. Work performed prior
to the execution of this Contract shall not be reimbursed or considered part of this
Agreement.
4. Financial Management
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Contract No.: PYI1/12-CWP-25C
At all times from the effective date of this Contract until completion of this Contract, Public
Health 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. Public Health 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 Public Health has failed to comply with
the Financial Management Requirements, program objectives, contractual terms, or
reporting requirements.
6. Assurances
Public Health 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, Public Health 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. Public Health 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. 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
-the Employment of Illegal Immigrants, C.RS. §8-17.5-101; 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 if 45 C.F.R. Part 74 Appendix G 9,which
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Contract No.: PY11/12-CWP-25C
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.
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 for Civil Rights.
8. Certifications
Public Health 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
Public Health and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Public Health and Human Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners.
Public Health shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by Public Health 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.
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 Public Health 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 Public Health. These remedial actions are as follows:
a. Withhold payment to Public Health 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 Public Health 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;
Page 4 of 17
Contract No.: PY1 1/12-CWP-25C
c. Incorrect payment to Public Health due to omission, error, fraud, and/or defalcation shall
be recovered from Public Health by deduction from subsequent payments under this
Agreement or other agreements between Human Services and Public Health, 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: For Weld County Public Health:
Mark Lindquist, Manager 2 Debbie Drew, Director of Nursing
Name Title Name Title
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: Weld County Public Health and Environment:
Judy A. Griego, Director Dr. Mark Wallace,Executive Director
P.O. Box A 1555 N. 17th Ave.
Greeley, CO 80632 Greeley,CO 80631
14. Litigation
Public Health shall promptly notify Human Services in the event that Public Health learns of any
actual litigation in which it is a party defendant in a case, which involves services provided under
this Agreement. Public Health, 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 upon thirty (30) days written
notice. In addition, this Agreement may be terminated immediately if funding for this program
becomes unavailable.
Page 5 of 17
Contract No.: PYI1/12-CWP-25C
16. 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.
17. 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.
18. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and Public Health, 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 Public Health.
COUNTY OF WELD COLORADO,
" - 1 °ll a% BY AND THROUGH THE BOARD OF
ATTEST: � � i�--.��
Weld County Clerk to the Board ' COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, ON BEHALF OF
1861
SztttivTHE WELD COUNTY DEPARTMENT OF
/ � HUMAN SERVICES
By: r1A /\
Deg. Cler the Boa . ..r„
BY: (V/
A.PPR D A M: Sean P. Conway, Chair Pro—Tern
ty Attorney AUG 3 1 2011
APPROVED:By: /YI�n 4 `xe
Chair, F flies, Youth and Children Commission, Weld County
APPROVED AS TO SUBSTANCE:
BY:
J A. Gri go, Direc Weld C my
e ailment of Human ervices
Page 6 of 17
Contract No.: PY I 1/12-CWP-25C
SIGNED this I k day of AltitCA ,2011.
Weld County
nPublic
rHeealth
BY: NN k Uty�1e)-0 Ok
Dr. Mark Wallace, Executive Director
Page 7 of 17
Contract No.: PYII/12-CWP-25C
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
developing a MYAT program through a collaborative partnership in the interest of positive youth
development and the strengthening of families for eligible Colorado Works Program youth.
I. General Description of Services
A. Public Health and Human Services collaboratively will develop and refine MYAT quality
services and evidence-based practices and outcomes in the areas of:
1) A community-wide system to meet the needs of youth and families in conflict or
in need of positive youth development.
2) Specific treatment plans that incorporate access to existing community services
and the development of new service altematives 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) Case management services including interviewing, making appropriate home
visits, accepting the assignment of specific cases for purposes of connecting
services outlined in the treatment plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
B. Public Health 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 Public Health to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
2. Scope of Services
At a minimum, the MYAT program, through its collaboration between Public Health and Human
Services,will document if:
Page 8 of 17
Contract No.: PY I I/12-C WP-25C
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 Public Health to
continue the MYAT 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) Graduate youth from school or GED, if appropriate.
3) Affect positive wage gains for youth.
4) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
E. The project successfully reduced the number of minority youth entering the child welfare
and adjudicated as a youth offender.
3. Youth and Families to be Served
A. Public Health agrees to serve a minimum of 100 eligible youth through contacts, follow-up and
case management services on a yearly basis unless Public Health does not provide a full year of
services. The number of eligible youth and families will be prorated based on the time period that
Public Health provided MYAT services.
4. Eligible Youth
Human Services shall be responsible for identifying and referring youth and their families who are
eligible for the project. The eligible youth and their families include:
1) Youth who are not involved with child welfare or juvenile justice system and are aged ten
through seventeen years of age; and
2) Youth and families experiencing conflicts regarding alcohol and drugs, suicidal ideation,
runaway behaviors, depression,truancy, and/or disobedience; and
3) Youth from families who are applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level; or
4) Youth from families who are non-custodial parents and are unemployed or
underemployed and have incomes below 185%of poverty level;or
5) Youth from 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. Role of Human Services and Lease of Office Spaces
Page 9 of 17
Contract No.: PYI1/12-CWP-25C
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 Public Health.
C. Human Services will be responsible for the identification and referral of youth and
families the MYAT Assessment Team, and assignment of cases to Public Health.
D. Human Services will manage biweekly meetings to be held between the Public Health
MYAT Employee and Human Services. Human Services will manage at least monthly
meetings to be held between the assigned Public Health 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 MYAT clients,
as authorized by Human Services, and which are not duplicative of existing community
resources, identified as a result of the MYAT 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 Public Health, 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 Public Health for use of the
Office Space;
b. Public Health agrees to use ordinary care when using the Office Space;
c. Public Health may not sublet any part of the Office Space;
d. Public Health may not use the Office Space for any purpose other than
conducting the business and duties under the MYAT Agreement;
e. Public Health shall keep the Office Space clean and in sanitary
condition;
f. Public Health shall allow Human Services any reasonable hour of the
day to enter into or upon the Office Space.
g. Public Health shall be responsible for loss or damage of equipment.
Any time a Laptop Computer that is assigned to a Public Health staff
member, who is acting in his or her capacity as a MYAT worker, is lost
or damaged, the situation will be assessed on a case-by-case basis with
regard to whether the MYAT worker will be issued another Laptop
Computer and/or whether Public Health will be required to reimburse
the County for the lost or damaged equipment.
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Contract No.: PYl 1/12-CWP-25C
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, Public Health 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 Public Health 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 Public Health;
d. That Public Health's employees shall escort all MYAT 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 Public Health, including
photocopying for purposes of MYAT functions only.
4) Human Services will provide training to the Public Health MYAT Employee
regarding the operations manual, the database, case documentation, treatment
planning,community resources,team building and intervention skills.
6. Role of Public Health
A. Public Health 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 MYAT to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
MYAT Operational Guidelines, as revised, and to develop appropriate treatment
plans for youth and families through FTE commitment by Public Health. Public
Health agrees to comply with the MYAT Operational Guidelines, as revised,
and MYAT participation standards through a Memorandum of Understanding
with Public Health 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
MYAT. Public Health 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.
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Contract No.: PY11/12-CWP-25C
4) As a community resource for appropriate services, including Medicaid services,
to meet the requirements of treatment plans.
B. Public Health agrees to commit a 40-hour FTE.
C. Public Health will directly supervise and manage its employee(s) assigned by Public
Health in order to meet the 40-hour FTE participation requirement.
D. Public Health agrees to serve a minimum of 100 eligible youth through contacts, follow-
up and case management services on a yearly basis unless Public Health does not provide
a full year of services. The number of eligible youth and families will be prorated based
on the time period that Public Health provided MYAT services.
E. Public Health agrees to assign staff to be housed at the Department who will be familiar
with and review with the MYAT worker the MYAT Operational Procedures. Public
Health will also provide the MYAT worker with the updates of changes to the Procedures
as provided by Human Services. Public Health agrees to ask the Human Services
manager for clarification regarding any policy or procedure that is ambiguous.
7. Weld County Families, Youth,and Children Commission:
Human Services and Public Health agree to assign oversight responsibilities to the Weld County
Families, Youth, and Children's (FYC)Commission to evaluate the implementation of the MYAT
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.: PYI1/12-CWP-25C
EXHIBIT B
PAYMENT SCHEDULE
Payment Requirements
Expenses incurred by North Range, 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 Public Health a maximum of$44,133.44 for a 40-hour FTE. This
reimbursement to Public Health will be made in twelve (12) installments of$3,677.79, if Public
Health meets the requirements of full participation on a monthly basis, as follows:
A. The assigned Public Health supervisor/manager will meet at least once per month with
Human Services Manager(s)responsible for the MYAT program to actively participate in
the planning and implementation of MYAT.
B. Public Health assigned employees who comprise the FTE shall participate in the required
activities of MYAT as demonstrated in time sheets.
C. Public Health assigned employees shall provide quality data entry into the MYAT data
system to document progress in meeting the minimum involvement of 100 eligible youth
and families through contacts, follow-up and case management services.
3. Billing
Public Health agrees to bill Human Services monthly.
Page 13 of 17
Contract No.: PYII/12-CWP-25C
EXHIBIT C
ASSURANCES
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.
2. 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.
3. 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.
4. 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.
5. Public Health assures that its employees, volunteers, and agents 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.
6. Public Health 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 Public Health.
7. All such records, documents, communications, and other materials shall be the property of Human
Services and shall be maintained by Public Health, in a central location as custodian, on behalf of
Human Services, for a period of four(4)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 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.
8. Public Health 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.
Page 14 of 17
Contract No.: PYII/I2-CWP-25C
9. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. Neither Public Health nor Human Services may assign any of its
rights or obligations hereunder without the prior written consent of both parties.
10. Public Health certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of Public Health, 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.
11. Public Health assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations. Public Health
understands that the source of funds to be used under this Agreement is: Colorado Works
Program.
12. Public Health 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.
13. The Appearance of Conflict of Interest applies to the relationship of Public Health with Human
Services when Public Health 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 Public Health to gain from knowledge of these opposing interests. It is only
necessary that Public Health know that the two relationships are in opposition.
During the term of the Agreement, Public Health 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, Public Health shall submit to Human Services, a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to
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Contract No.: PYII/12-CWP-25C
promptly submit a disclosure statement required by this paragraph shall constitute grounds for
Human Services'termination,for cause,of its contract with Public Health.
14. Public Health shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected the
administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of Public Health shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian. Public Health shall have written policies
governing access to, duplication and dissemination of, all such information. Public Health shall
advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Public Health 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.
15. 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 Public Health in the course of providing
services under this Contract will be accorded at least the same precautions as are employed by
Public Health for similar information in the course of its own business.
16. Public Health 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.: PYII/12-CWP-25C
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement(PY11/12-CWP-25C)was waived for the following reasons:
1. Public Health 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 MYAT Program;and
2. Public Health 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 MYAT program
and as demonstrated by Public Health entering into a seventh consecutive term, through
agreement.
Judy A. Griego, Director
Weld County Department of Human Services
Page 17 of 17
Contract No.: PY11/12-CWP-25A
COLORADO WORKS PROGRAM 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 2011, by and between the
County of Weld, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, 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"District RE-8".
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies;and
WHEREAS, the County of Weld has provided Human/Social Services fund resources for
education,training,and support services for Weld County's low-income 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 District RE-8 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 District RE-8 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, District RE-8 is dedicated to develop and participate in the Multidisciplinary Youth
Assessment Team (MYAT) with other agencies that are recognized experts in their respective fields and
that are contractors under MYAT; and
WHEREAS, District RE-8 has the expertise and wishes to commit the appropriate staff and
managerial support on behalf of MYAT to plan,collaborate, provide case management,and related services
required of MYAT; and
Page 1 of 17
(96i/- 393
Contract No.: PY I I/12-CWP-25A
WHEREAS, Human Services wishes to enter into an agreement and lease with District RE-8 to
enable District RE-8 facilitate the positive development of youth and the strengthening of families through
MYAT.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
fol lows:
1. Term
This Agreement shall become effective on July 1, 2011, upon proper execution of this Agreement
and will expire June 30, 2012, subject to the termination provisions set forth in Paragraph 15,
below.
2. Scope of Services
Services shall be provided by District RE-8 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,District RE-8 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. District RE-8 shall submit all
itemized quarterly billings to the Human Services no later than the fifteenth (15) day of
the month following the quarter the cost was incurred. Billings must be signed by
District RE-8.
Failure to submit quarterly billings in accordance with the terms of this agreement shall
result in District RE-8's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to District RE-8 shall be made quarterly 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, through the Colorado Works program, funding
for the MYAT Program's 2011-2012 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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ContractNo.: PY11/12-CWP-25A
4. Financial Management
At all times from the effective date of this Agreement until completion of this Agreement, District
RE-8 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. District RE-8 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 District RE-8 has failed to comply with
the Financial Management Requirements, program objectives, contractual terms, or
reporting requirements as described in Exhibit B,2.
6. Assurances
District RE-8 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, District RE-8 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. District RE-8 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, religion and handicap, including Acquired Immune Deficiency
Page 3 of 17
Contract No.: PY11/12-CWP-25A
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
District RE-8 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
District RE-8 and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by District RE-8 and Human Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners, as
permitted by law.
District RE-8 shall permit Human Services, and any other duly authorized agent or governmental
agency, to monitor all activities conducted by District RE-8 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 District RE-8's 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 District RE-8 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
District RE-8. These remedial actions are as follows:
a. The Director of Human Services or designee will provide written notification related to
the District RE-8 failure to satisfy the scope of work described in this agreement within
five business days of discovery. District RE-8 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 District RE-8 until the necessary services or corrections in
performance are satisfactorily completed;
Page 4 of 17
Contract No.: PY11/12-CWP-25A
c. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by District RE-8 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 District RE-8 due to omission, error, fraud, and/or defalcation shall
be recovered from District RE-8 by deduction from subsequent payments under this
Agreement or other agreements between Human Services and District RE-8, 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: For District RE-8
Mark Lindquist, Manager 2 John S. Hoag, Assistant Superintendent of Operations
Name Title Name Title
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: District RE-8
Judy A. Griego, Director Mark A. Payler, Superintendent
P.O. Box A 301 Reynolds Street
Greeley, CO 80632 Fort Lupton, CO 80621
14. Litigation
District RE-8 shall promptly notify Human Services in the event that District RE-8 learns of any
actual litigation in which it is a party defendant in a case, which involves services provided under
this Agreement. District RE-8, 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
Page 5 of 17
Contract No.: PYII/12-CWP-25A
This Agreement may be terminated at any time by either party upon thirty (30) days written
notice, or may be terminated immediately upon the unavailability of funding for this program,
unless otherwise indicated in this Agreement.
16. 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-I0l et seq., as applicable now or hereafter amended.
17. 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.
18. Attorneys Fees/Legal Costs
In the event of a dispute between Human Services and District RE-8, 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 School District RE-8.
SIGNED this 31sday of August,2011.
COUNTY OF WELD COLORADO,
ATTEST: Vfir��:.. ` �_TJ � BY AND THROUGH THE BOARD OF
Weld County Clerk to the Board l COUNTY COMMISSIONERS OF THE
�� 9J�•, COUNTY OF WELD, ON BEHALF OF
361 t r THE WELD COUNTY DEPARTMENT OF
1:51 A HUMAN SERVICES
By. 7 L �� �►: siticrt
Deputy 'erk to the Board, t�c
BY: __c
APPROVED ASSTO'F,`ORM• Sean P. Conway, Chair —Te,
By: !-f" �����
AUG 3 1 2011
County Attorney
APPROVED: �c
By: / rl `e
Chair, ilies, Youth and Children
Commission, Weld County
APPROVE AS TO SIJ�$ST E:
BY: � /lJy�l
J y A. Griego, Direct , Weld unty
artment+of Human rvices
Page 6 of 17
o// '3
Contract No.: PY11/12-CWP-25A
lets-)P
SIGNED this � day of Alil.GV Vi,2011.
WELD SCHOOL DISTRICT RE-8
By:
-c-t / t
A. Payler, Superintendent
By: �.' ittleui'RRE-8 School Board
President
Page 7 of 17
Contract No.: PYII/12-CWP-25A
EXHIBIT A
SCOPE OF SERVICES
Human Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
developing a MYAT program through a collaborative partnership in the interest of positive youth
development and the strengthening of families for eligible Colorado Works Program youth.
General Description of Services
A. District RE-8 and Human Services collaboratively will develop and refine MYAT quality
services and evidence-based practices and outcomes in the areas of:
1) A community-wide system to meet the needs of youth and families in conflict or
in need of positive youth development.
2) Specific treatment 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) Case management services including interviewing, making appropriate home
visits, accepting the assignment of specific cases for purposes of connecting
services outlined in the treatment plan for families and youth, reporting the
outcomes of such treatment plans, and identifying gaps, duplication, outcomes,
and system modification needs.
B. District RE-8 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 District RE-8 to provide various levels of expertise from its
organization to meet the planning and implementation needs for this project.
2. Scope of Services
At a minimum, the MYAT program, through its collaboration between District RE-8 and Human
Services, will document if
Page 8 of 17
Contract No.: PYl 1/12-CWP-25A
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 District RE-8 to
continue the MYAT 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) Graduate youth from school or GED, if appropriate.
3) Affect positive wage gains for youth.
4) Improve the ability of families to access and maintain services as documented
by outcomes of treatment plans.
E. The project successfully reduced the number of minority youth entering the child welfare
and adjudicated as a youth offender.
3. Youth and Families to be Served
A. District RE-8 agrees to serve a minimum of 100 eligible youth through contacts, follow-up and
case management services on a yearly basis unless District RE-8 does not provide a full year of
services. The number of eligible youth and families will be prorated based on the time period that
District RE-8 provided MYAT services.
4. Eligible Youth
Human Services shall be responsible for identifying and referring youth and their families who are
eligible for the project. The eligible youth and their families include:
1) Youth who are not involved with child welfare or juvenile justice system and are aged ten
through seventeen years of age; and
2) Youth and families experiencing conflicts regarding alcohol and drugs, suicidal ideation,
runaway behaviors,depression,truancy,and/or disobedience;and
3) Youth from families who are applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level; or
4) Youth from families who are non-custodial parents and are unemployed or
underemployed and have incomes below 185%of poverty level; or
5) Youth from 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. Role of Human Services and Lease of Office Spaces
Page 9 of 17
Contract No.: PYl 1/I2-CWP-25A
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 District RE-8.
C. Human Services will be responsible for the identification and referral of youth and
families the MYAT Assessment Team,and assignment of cases to District RE-8.
D. Human Services will manage biweekly meetings to be held between the District RE-8
MYAT Employee and Human Services. Human Services will manage at least monthly
meetings to be held between the assigned District RE-8 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 MYAT clients,
as authorized by Human Services, and which are not duplicative of existing community
resources, identified as a result of the MYAT 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 District RE-8, 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 District RE-8 for use of the
Office Space;
b. District RE-8 agrees to use ordinary care when using the Office Space;
c. District RE-8 may not sublet any part of the Office Space;
d. District RE-8 may not use the Office Space for any purpose other than
conducting the business and duties under the MYAT Agreement;
e. District RE-8 shall keep the Office Space clean and in sanitary
condition;
f. District RE-8 shall allow Human Services any reasonable hour of the
day to enter into or upon the Office Space.
g. District RE-8 shall be responsible for loss or damage of equipment.
Any time a Laptop Computer that is assigned to a District RE-8 staff
member, who is acting in his or her capacity as a MYAT worker, is lost
or damaged,the situation will be assessed on a case-by-case basis with
regard to whether the MYAT worker will be issued another Laptop
Computer and/or whether District RE-8 will be required to reimburse
the County for the lost or damaged equipment.
Page 10 of 17
Contract No.: PYII/12-CWP-25A
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, District RE-8 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 District RE-8 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 District RE-8;
d. That District RE-8's employees shall escort all MYAT 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 District RE-8, including
photocopying for purposes of MYAT functions only.
4) Human Services will provide training to the District RE-S MYAT Employee
regarding the operations manual, the database, case documentation, treatment
planning,community resources,team building and intervention skills.
6. Role of District RE-8
A. District RE-8 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 MYAT to enter into a Memorandum of Understanding with
Human Services outlining how its employees will meet the expectations of the
MYAT Operational Guidelines, as revised, and to develop appropriate treatment
plans for youth and families through FTE commitment by District RE-8.
District RE-8 agrees to comply with the MYAT Operational Guidelines, as
revised, and MYAT participation standards through a Memorandum of
Understanding with District RE-8 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
MYAT. District RE-8 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
Page 11 of 17
Contract No.: PYII/12-CWP-25A
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. District RE-8 agrees to commit a 40-hour FTE. 25% of the District RE-8 FTE position
may be committed to addressing youth with truancy issues.
C. District RE-8 will directly supervise and manage its employee(s)assigned by District RE-
8 in order to meet the 40-hour FTE participation requirement.
D. District RE-8 agrees to serve a minimum of 100 eligible youth through contacts, follow-
up and case management services on a yearly basis unless District RE-8 does not provide
a full year of services. The number of eligible youth and families will be prorated based
on the time period that District RE-8 provided MYAT services.
E. District RE-8 agrees to assign staff to be housed at the Department who will be familiar
with and review with the MYAT worker the MYAT Operational Procedures. District
RE-8 will also provide the MYAT worker with the updates of changes to the Procedures
as provided by Human Services. District RE-8 agrees to ask the Human Services
manager for clarification regarding any policy or procedure that is ambiguous.
7. Weld County Families,Youth,and Children Commission:
Human Services and District RE-8 agree to assign oversight responsibilities to the Weld County
Families, Youth,and Children's (FYC) Commission to evaluate the implementation of the MYAT
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 12 of 17
Contract No.: PYII/12-CWP-25A
EXHIBIT B
PAYMENT SCHEDULE
1. Payment Requirements
Expenses incurred by District RE-8, 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 District RE-8 a maximum of$44,133.44 for a 40-hour FTE. This
reimbursement to District RE-8 will be made in four (4) quarterly installments of$11,033.36 if
District RE-8 substantially meets the requirements of full participation on a monthly basis, as
follows:,
A. The assigned District RE-8 supervisor/manager or designee will have contact at least
once per month with Human Services Manager(s) responsible for the MYAT program to
actively participate in the planning and implementation of MYAT.
B. District RE-8 assigned employees who comprise the 40-hour FTE, are participating in the
required activities of MYAT as demonstrated in time sheets.
C. District RE-8 assigned employees are providing quality data entry into the MYAT data
system to document progress in serving a minimum of 100 eligible youth and families per
FTE through contacts, follow-up and case management services.
3. Billing
District RE-8 agrees to bill Human Services quarterly. Billing shall be on or about the fifteenth
(15) day of the month following the quarter in which the expense was incurred, and payments
from Human Services will be made within thirty(30)days following receipt of the invoice.
Page 13 of 17
Contract No.: PYII/12-CWP-25A
EXHIBIT C
ASSURANCES
1. District RE-8 agrees it is an independent contractor and its employees do not become employees
of Weld County and shall not be entitled to any employee benefits as Weld County employees, as
the result of the execution of this Agreement.
2. 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 District RE-8 or its employees, volunteers, or agents while
performing duties as described in this Agreement. District RE-8 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 District RE-8 employees, volunteers and agents.
District RE-8 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,
District RE-8 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. District RE-8 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 District RE-8.
8. All such MYAT 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
Page 14 of 17
ContractNo.: PY11/12-CWP-25A
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. District RE-8 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 District RE-8 nor Human Services may assign any of its
rights or obligations hereunder without the prior written consent of both parties.
11. District RE-8 certifies that Federal appropriated funds have not been paid or will be paid, by or on
behalf of District RE-8, 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. District RE-8 assures that it will fully comply with the Colorado Works Program regulations
promulgated, and all other applicable federal and state laws, rules and regulations. District RE-8
understands that the source of funds to be used under this Agreement is: Colorado Works
Program.
13. District RE-8 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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ContractNo.: PYl1/12-CWP-25A
14. The Appearance of Conflict of Interest applies to the relationship of District RE-8 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 District RE-8 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. District RE-8 shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement,as required by law.
16. 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.
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 State's site by District RE-8 in the course of providing
services under this Agreement will be accorded at least the same precautions as are employed by
District RE-8 for similar information in the course of its own business.
17. District RE-8 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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ContractNo.: PY11/12-CWP-25A
Waiver of Competitive Procurement for Colorado Works Agreement Form
Competitive procurement for the Agreement(PY11/12-CWP-25A)was waived for the following reasons:
1. School District RE-8 meets the criterion as a key stakeholder with regards to § 24-1.9-101,et. seq,
(HB04-1451), as it remains a principal local school district and such law reflects the principles of
the MYAT Program;and
2. School District RE-8 is the third largest school District RE-8 in the County and provides services
to the largest population of disadvantaged and impoverished youth; and
3. School District RE-8 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
MYAT program and as demonstrated by School District RE-8 entering into a second consecutive
term,through agreement;and
4. School District 6, the largest school in Weld County, waived participation in the MYAT Program;
and
5. School District RE1J,the second largest school district in Weld County, is an active participant in
the MYAT program.
6. School District RE-8, 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.
Judy A. Griego, Director
Weld County Department of Human Services
Page 17 of 17
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