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HomeMy WebLinkAbout20111397.tiff RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - DYNAMIC FAMILY DESIGN, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Child Protection Agreement for Services 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 Dynamic Family Design, LLC, commencing April 25, 2011, and ending December 31, 2011,with further terms and conditions being as stated in said agreement, and WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Child Protection Agreement for Services 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 Dynamic Family Design, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2011, nunc pro tunc April 25, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '� EL EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to th:�'o- r,4 ob, �� - — C� 1861 '4 +� � Sean P. Corrtv. Pro-Tem Deputy Clerk to the Bo �j j�1\ allf�77 Willi> F. G Qcia APP V AST aLt �l U David E. Long uhtyyy A orney EXCUSED Douglas Rademacher Date of signature: O// P 2011-1397 HR0082 MEMORANDUM 1861 - 2011 DATE: May 26, 2011 WELD e O N T Y TO: Barbara Kirkmeyer, Chair, Board of County Commissioners - etI II ifrOF FROM: Judy A. Griego, Director, Human S ices l/pJllart n RE: Child Protection Agreement for Services between the Weld County Department of Human Services and Dynamic Family Design Enclosed for Board approval is a Child Protection Agreement for Services between the Department and Dynamic Family Design. This Agreement was reviewed under the Board's Pass-Around Memorandum dated May 2, 2011, and approved for placement on the Board's Agenda. This Agreement is an on-going agreement. The major provisions of this Agreement are: No. Provider/Term Program Area Rates 1 Dynamic Family Design Child Welfare— Max. $50,000 (Keith Wawrzyniak, Jr.) Investigations at Platte Valley Youth Services and April 25, 2011 — December 31, ABC Daycare 2011 If you have any questions, please give me a call at extension 6510. 2011-1397 Contract No.11-11-CPS-87 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DYNAMIC FAMILY DESIGN This Agreement,made and entered into the day of April,2011,by and between the Board of Weld County Commissioners, sitting as the Board of Social Services,on behalf of the Weld County Department of Human Services, hereinafter referred to as"Human Services,"and Dynamic Family Design, hereinafter referred to as "PROVIDER". WITNESSETH WHEREAS,required approval, clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Regular Administration funding to Human Services for supervisory support to child welfare supervisors;and WHEREAS, PROVIDER is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on April 25, 2011, upon proper execution of this Agreement and shall expire December 31, 2011, unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by PROVIDER to any person(s)eligible for services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule," copies of which are attached hereto and incorporated herein by reference. "Payment Schedule" shall establish the maximum reimbursement,which will be paid from Child Welfare Regular Administration funds during the duration of this Agreement. b. PROVIDER shall submit an itemized monthly bill to Human Services for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by Human Services. PROVIDER shall submit all itemized monthly billings to Human Services no later than the twenty-fifth(25)day of the month following the month the cost was incurred. c. Payments of costs incurred pursuant to this Agreement are expressly contingent upon the availability of Child Welfare Regular Administration funds to Human Services. d. Human Services shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 Contract No.l 1-11-CPS-87 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, PROVIDER 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 Child Welfare Regular Administration funding 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. PROVIDER shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. Human Services may withhold any payment if PROVIDER has failed to comply with the Financial Management Requirements,program objectives, contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, PROVIDER may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances PROVIDER 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, PROVIDER 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 the Contract. PROVIDER 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 regulations,45 C.F.R. Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et.seq. and its implementation regulations,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; 42 C.F.R.Part 2 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. If necessary, PROVIDER and Human Services will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 Contract No.11-1 l-CPS-87 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. 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 PROVIDER 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 PROVIDER and Human Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by PROVIDER and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and PROVIDER. PROVIDER shall permit Human Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by PROVIDER pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data, special analyses,on- site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 10. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 11. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find PROVIDER 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 PROVIDER. These remedial actions are as follows: a. Withhold payment to PROVIDER 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 PROVIDER 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 PROVIDER due to omission,error,fraud,and/or defalcation shall be recovered from PROVIDER by deduction from subsequent payments under this Agreement or other agreements between Human Services and PROVIDER,or by Human Services as a debt due to Human Services or otherwise as provided by law. 3 Contract No.1 I-I 1-CPS-87 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: Gloria Romansik Human Services Administrator Name Title For PROVIDER: Dynamic Family Design Provider 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: PROVIDER Judy A.Griego,Director Dynamic Family Design P.O. Box A 36376 Mason View Dr. Greeley,CO 80632 Eaton,Co 80615 14. Litigation PROVIDER shall promptly notify Human Services in the event that PROVIDER learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. PROVIDER,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 given thirty(30)days written notice and is subject to the availability of funding. PROVIDER reserves the right to suspend services to clients if funding is no longer available. 16. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 10 herein. 4 Contract No.11-1 1-1 1-CPS-87 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. fa La BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY,COLORADO 1/42 •iiP� Weld County Clerk to he B�:,d By: / •� "`, Sean P. Conway, Chairpro-Tem ` By:/ .•'iir� �� '�i.�E'. JUN 0 12011 Deputy Cle to t e Board �rnr APPRp3iED P • PROVIDER n ttomey Keith Wawrzyniak,B.A. WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J A.Grieg , Director 5 Contract No.11-11-CPS-87 EXHIBIT A SCOPE OF SERVICES 1. Target/Eligible Population The population to be served under this contract includes Platte Valley Youth Services(PVYS)and ABC Daycare for the purposes of investigations. This would include all investigations in which Child Welfare determines that there is suspected abuse or neglect in a referral at PVYS or ABC. 2. Types of Services to be Provided Services provided will include meeting the assigned response time, documenting all contacts and reports in the Trails system, staffing at the Child Protection Team, staffing with the assigned Child Welfare supervisor and completing the stage I reports timely,per Volume 7 reference 7.202.54 K."Require the submission of a written report by the investigating county within 60 calendar days after the initial receipt of the report of child abuse or neglect". The PROVIDER will be directly supervised by an assigned Child Welfare supervisor. Human Services is responsible for not only completing the investigations but also for the supervision of the staff that complete them. The PROVIDER will be held to the same standard of report writing and investigative skills as a regular employee of the Department of Human Services and thus will be reviewed by the direct Child Welfare supervisor and the Child Protection Manager III every six months and if the PROVIDER is not meeting the requirements of the position this contract will be terminated according to the provisions set forth in the Agreement. 3. Service Time Frames The PROVIDER's workload is approximately 10-20 referrals a year for PVYS and about 3-5 a year for ABC. The PROVIDER will be required to attend training with regards to institutional investigations; if such training is offered and scheduled by the Colorado Department of Human Services or equivalent training institution. Human Services will pay for the cost of such trainings,upon prior approval of Human Services. 4. PROVIDER Qualifications The PROVIDER assures Human Services that he/she has the equivalent qualifications of a caseworker III, as defined by Human Services, including a bachelor degree in a human service field and 2 years of experience in the human service field. The PROVDER also assures Human Services that he/she has equivalent caseworker III experience in completing direct casework duties and knows the institutional investigative process. The PROVIDER is required to pass all appropriate background checks for purposes of fulfilling the requirements of an Institutional Investigator. 6 Contract No.I 1-11-CPS-87 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Human Services agrees to reimburse PROVIDER in consideration for the work and services performed under Child Welfare Regular Administration funding not to exceed$50,000. Expenses incurred by PROVIDER, in association with said project prior to the term of this agreement,are not eligible Human Services expenditures and shall not be reimbursed by Human Services. Payment pursuant to this Contract, if Child Welfare Regular Administration funds,whether in whole or in part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration 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. Fees for Services Human Service agrees to reimburse the PROVIDER at$35.00 per hour from the initial response of an investigation to the completion. This hourly rate is based upon the requirement that a caseworker III must complete these investigations per state and county policy. A caseworker III must have a bachelor degree in a human service field and 2 years of experience in the human service field. This position requires a caseworker III that also has experience working at the Department of Human Services completing direct casework duties and thus understands the investigation process. The caseworker III must also pass a background check which the PROVIDER will also pass. $2,000.00 will also be available for training needs of the PROVIDER. On average, an investigation takes about 10-20 hours to complete depending on the number of youth that need to be interviewed. Human Services agrees to reimburse the PROVIDER for mileage from the Department to the destination at the rate given to all Human Services staff. 3. Submittal of Vouchers PROVIDER shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. 7 Contract No.11-I l-CPS-87 EXHIBIT C ASSURANCES 1. PROVIDER agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of PROVIDER,contracted providers or its employees,volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. PROVIDER 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, PROVIDER shall provide Human Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract 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 of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection,paragraph, sentence,clause, or phrase of this Contract 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 Contract 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. PROVIDER assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed, color, sex,or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records, documents,communications,and other materials shall be the property of Human Services and shall be maintained by PROVIDER, in a central location and custodian, in 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 qualifications: 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 Contract No.11-11-CPS-87 10, PROVIDER assures that authorized local,federal, and state auditors and representatives shall,during business hours, have access to inspect and copy records,and shall be allowed to monitor and review through on-site visits, all contract activities, supported with funds under this Contract 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. 1 I. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and assigns. PROVIDER or Human Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of PROVIDER,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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by a federal department or agency. b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state,or local)transaction or contract under a public transaction;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 14(b)of this certification; and d. Have not,within a three-year period preceding this Contract, had one or more public transactions (federal, state, and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, PROVIDER 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, PROVIDER 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 PROVIDER. 9 Contract No.11-1 l-CPS-87 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER shall provide its employees, agents,and subcontractors, 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER for similar information in the course of its own business. 18. PROVIDER certifies that s/he will abide by Colorado Revised Statute(C.R.S.)26-6-104,requiring criminal background checks for all employees,contractors, and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.)8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents,warrants, and agrees that it(a)has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and(b)otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Human Services may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Human Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract,Contractor must confirm that any individual natural person eighteen(18)years of age or older is lawfully present in the United States pursuant to C.R.S.24- 76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it(a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall produce one of the forms of identification required by C.R.S. 24-76.5-101,et seq.,and(c)shall produce one of the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of this Contract. 10 Hello