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HomeMy WebLinkAbout20102097.tiff RESOLUTION RE: APPROVE SIX (6) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with six (6) Colorado Works Program Agreements for Services and Leases between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the following providers, commencing July 1,2010,and ending June 30, 2011, 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 of 19th Judicial District 4. St. Vrain Valley School District RE-1J 5. Weld County 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 two Colorado Works Program Agreements for Services and Leases between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the above listed providers 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. Jo ,iiSd LOnIcrucCit5 5e,L 4-4 ' ,d-As o Lt 2010-2097 qa/ (l q-w HR0081 SIX(6) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES WITH VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of September, A.D., 2010, nunc pro tunc July 1, 2010. BOARD OF COUNTY COMMISSIONERS 1,<�♦ WELD COUNTY, COLORADO p C . 'ATTEST : � � -.. ;. s ,�; . gla- 'ademac er, hair Weld County Clerk to the Board t q ti,` (', — 1— � ' C.‘, 4 /'y,t .f/Ld ''^ �' " rbara Kirkmeye4 -Tem BY: {t( 1 h ti cr Dep ty Clerk t e Board ---- Seanrr Con AP D 7 ill* F. Garci ounty ttorney 'V d r David E. Long Date of signature: ‘'ll2°fII[C 2010-2097 HR0081 MEMORANDUM if& .' DATE: September 9, 2010 ID� TO Douglas Rademacher, Chair, Boar of Count Co issioners FROM Judy A. Griego, Director, Huma s art t•COLORADO RE: Colorado Works Program Agree ents for Services and Lease between the Weld County Department of Human Services and Various Providers Enclosed for Board approval are Colorado Works Program Agreements for Services and Lease between the Weld County Department of Human Services and Various Providers. These Agreements were presented at the Board's May 25, 2010, Work Session. The Agreement continues the development of Multidisciplinary Youth Assessment Team (MYAT)under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. The major provisions of this Agreement are as follows: Maximum Contract No Contractor Number to be Served Amount 1 100 eligible youth and LifeBridge Christian Church families for a 46-hour FTE $50,753.46 2 100 eligible youth and North Range Behavioral Health families for a 40-hour FTE $44,133.44 3 Probation Department 19th 100 eligible youth and Judicial District families for a 40-hour FTE $44,133.44 4 St. Vrain Valley School 100 eligible youth and District RE-1J families for a 37-hour FTE $40,483.00 5 100 eligible youth and Weld County Public Health families for a 40-hour FTE $44,133.44 6 Weld County School District 100 eligible youth and Re-8 families for a 40-hour FTE $44,133.44 Human Services will provide"Office Space",as located in either the Weld County Department of Human Services Building at 315 North 11th Avenue,Greeley,Colorado, or the Weld County Southwest Administration Building at 4209 WCR 24 '/2, Longmont, Colorado The term of these Agreements is from July 1, 2010 through June 30, 2011. If you have questions, please give me a call at extension 6510. 2010-2097 r Contract No.: PY10/11-CWP-25A COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LIFEBRIDGE CHRISTIAN CHURCH This Agreement and Lease, made and entered into the 1st day of July 2010, 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 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, 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: Page 1 of 16 Contract No.: PY 10/1 I-CWP-25A 1. Term This amended Agreement shall become effective on July 1, 2010, upon proper execution of this Agreement and will expire June 30, 2011, subject to the termination provisions set forth in Paragraph 15,below. 2. Scope 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 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. Page 2 of 16 Contract No.: PYI0/I 1-CWP-25A 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 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 -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. Page 3 of 16 Contract No.: PY10/I I-CWP-25A 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. 10. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. II. 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 Page 4 of 16 Contract No.: PYI0/11-CWP-25A 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 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. Page 5 of 16 Contract No.: PY10/II-CWP-25A SIGNED this day of ,2010. COUNTY OF WELD COLORADO. ATTEST: 5 G. �'.` � BY AND THROUGH THE BOARD OF Weld County Clerk to the B.r #; �� COUNTY COMMISSIONERS OF THE 1/42 COUNTY COUNTY OF WELD, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES Deputy Cler to the Boar � By. ___ A/67N X c.�n l�c APPROVED S TO Dou s Radema er, Chairman By: SEP 1 3 2010 Cou ty Attomey ///� APPRO ED: �'1��' �/ By: Chair,Families,Youth and Children Commission,Weld County APPROVED AS TO SU STA E: By: y A. Grie o, Direct Weld unty partment f Human rvices Page 6 of 16 Contract No.: PY10/II-CWP-25A SIGNED this ? day of SC/W✓L ,2010. LifeBridge Christian Church, INC. By: Title: P e 7.;5 • Page 7 of 16 Contract No.: PYI0/11-CWP-25A EXHIBIT A SCOPE OF SERVICES Scope of Services A. Human Services administers and funds educational and training activities under the Colorado Works Program, as described in 9CCR 2503-1, Section 3.600 of the Colorado Department of Human Services' Staff Manual, and Section 6.030 of the Weld County Department of Human Services Operations Manual. Human Services has determined that it is appropriate and advisable to: 1) Continue the development of MYAT through its collaborative efforts with LifeBridge under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among LifeBridge, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and strategies, which include developing appropriate relationships with community resources. 3) Continue LifeBridge's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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 faith Based and community issues including collaborative between various agencies and coordination of mentoring, counseling and other activities especially for south Weld County;and Page 8 of 16 Contract No.: PYI0/11-CWP-25A juvenile delinquency issues including assessment, case management, supervision, restorative justice, and other related activities. c. 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.. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with LifeBridge: 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. 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. 3. 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 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. Page 9 of 16 Contract No.: PYI0/l 1-CWP-25A D. Human Services will manage biweekly meetings to be held between LifeBridge MYAT Employee and, at least monthly, 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 11th 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: 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, covenants and agrees 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. 1. Any time a Laptop Computer that is assigned to 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 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; Page 10 of 16 Contract No.: PYI0/11-CWP-25A b. That LifeBridge 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 or an 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; 4. 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; 5. That LifeBridge's employees shall escort all MYAT clients to and from the Office Space and reception area; 6. 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. 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, at least monthly,meetings with assigned Human Services Managers. 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 services. This may include information on linkages, primarily in South Weld County,to other faith-based 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. Page 11 of 16 Contract No.: PYI0/ll-CWP-25A D. LifeBridge agrees to assign staff to be housed at the Department according to lease provisions provided. 5. 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 phase: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. B. If the project successfully reduced high cost services, such as out-of-home placement, detention, or DYC Commitment. C. If the project successfully re-focused resources within Human Services and LifeBridge to continue the MYAT project. D. If 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. Page 12 of 16 Contract No.: PYI0/I1-CWP-25A EXHIBIT B PAYMENT SCHEDULE Community Investment 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 and families. 2. 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. 3. Youth and Families to be Served LifeBridge agrees to serve a minimum of 100 eligible youth and families 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. 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 four(4)quarterly installments of$12,688.37, 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. 5. Billing LifeBridge agrees to bill Human Services quarterly. 6. Cost of Livinu Adjustment LifeBridge will receive a Cost of Living Adjustment increase commensurate with that provided to Weld County Department of Human Services employees, as approved by the Weld County Board of Commissioners. Page 13 of 16 Contract No.: PYI0/11-CWP-25A EXHIBIT C ASSURANCES 1. 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 14 of 16 Contract No.: PYIO/11-CWP-25A 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. II. 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 15 of 16 Contract No.: PY10/11-CWP-25A 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 16 of 16 Contract No.: PYI0/ll-CWP-25A COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement and Lease, made and entered into the 1st day of July 2010, 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 N 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 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: Page I of 16 2r/C,—0?r97 , Contract No.: PY10/Il-CWP-25A 1. Term This amended Agreement shall become effective on July 1, 2010, upon proper execution of this Agreement and will expire June 30, 2011, 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. 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. Page 2 of 16 Contract No.: PYI0/ll-CWP-25A 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 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. Page 3 of 16 Contract No.: PYI0/11-CWP-25A 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 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 Page 4 of 16 Contract No.: PY10/11-CWP-25A 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 Dave Rastatter, Director of Child and Family 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: North Range Behavioral Health Judy A. Griego, Director Dr. Wayne Maxwell, Executive Director P.O. Box A 1300 N 17`°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 16 Contract No.: PY 10/11-CWP-25A SIGNED this day of ,2010. COUNTY OF WELD COLORADO, ATTEST: /5 ?dada BY AND THROUGH THE BOARD OF Weld County C eerk to the Boar COUNTY COMMISSIONERS OF THE �'• COUNTY OF WELD, ON BEHALF OF 1861 '�,; `1 THE WELD COUNTY DEPARTMENT OF •�`�� HUMAN SERVICES Deputy Cle to the Board k ' ^ APPROVE O F Dgfiglas Ra coacher, Chairman By SEP 1 3 2010 County Attorney BPPROO ED: ittc, By: Chair, Families, Youth and Children Commission, Weld County APPROVED AS TO SU' .TA E: By: �,..L .♦ /. . . .�� J•.y A. Grie_o, Direct.J Weld C ty �e,artmen o Human vices Page 6 of 16 &cG —L29; Contract No.: PY I0/11-CWP-25A SIGNED this II h day of id ,2010. North Range Behavioral Health ��//f By: (i(/ e-G/O.92<6. ',Y Wayne A. Maxwell, Ph.D. Title: Executive Director Page 7 of 16 Contract No.: PYI0/II-CWP-25A EXHIBIT A SCOPE OF SERVICES 1. Scope of Services A. Human Services administers and funds educational and training activities under the Colorado Works Program, as described in 9CCR 2503-1, Section 3.600 of the Colorado Department of Human Services' Staff Manual, and Section 6.030 of the Weld County Department of Human Services Operations Manual. Human Services has determined that it is appropriate and advisable to: 1) Continue the development of MYAT through its collaborative efforts with North Range under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among North Range, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and strategies, which include developing appropriate relationships with community resources. 3) Continue North Range's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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 faith Based and community issues including collaborative between various agencies and coordination of mentoring, counseling and other activities especially for south Weld County; and Page 8of16 Contract No.: PY 10/11-C W P-25A juvenile delinquency issues including assessment, case management, supervision, restorative justice, and other related activities. c. 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.. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with North Range: 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. 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: I) 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. 3. 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. Page 9 of 16 Contract No.: PY10/ll-CWP-25A D. Human Services will manage biweekly meetings to be held between North Range MYAT Employee and, at least monthly, 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",as located in either the Weld County Department of Human Services Building at 315 North 11th 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: I) 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,covenants and agrees 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. I. Any time a Laptop Computer that is assigned to 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 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; Page 10 of 16 Contract No.: PY10/11-CWP-25A b. That 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 or an 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; 4. 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; 5. That North Range's employees shall escort all MYAT clients to and from the Office Space and reception area; 6. 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. 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, at least monthly, meetings with assigned Human Services Managers. 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 County,to other faith-based 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 assign staff to be housed at the Department according to lease provisions provided. Page 11 of 16 Contract No.: PYI0/II-CWP-25A 5. 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 phase: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. B. If the project successfully reduced high cost services, such as out-of-home placement, detention,or DYC Commitment. C. If the project successfully re-focused resources within Human Services and North Range to continue the MYAT project. D. If 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. Page 12 of 16 Contract No.: PYI0/11-CWP-25A EXHIBIT B PAYMENT SCHEDULE I. Community Investment 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 and families. 2. Payment Requirements Expenses incurred by North Range, 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. 3. Youth and Families to be Served North Range agrees to serve a minimum of 100 eligible youth and families per FTE assigned to MYAT 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. 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 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. North Range assigned employees who comprise the two 40-hour FTE's, shall participate in the required activities of MYAT as demonstrated in time sheets. C. North Range 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 per FTE through contacts, follow-up and case management services. 5. Billing North Range agrees to bill Human Services monthly. 6. Cost of Living Adjustment North Range will receive a Cost of Living Adjustment increase commensurate with that provided to Weld County Department of Human Services employees, as approved by the Weld County Board of Commissioners. Page 13 of 16 Contract No.: PY10/1 1-CWP-25A 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 16 Contract No.: PY10/ll-CWP-25A 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 16 Contract No.: PY10/11-CWP-25A 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 16 Contract No.: PYI0/1I-CWP-25A COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND PROBATION DEPARTMENT 19114 JUDICIAL DISTRICT This Agreement and Lease, made and entered into the 1st day of July 2010, 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 19"'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 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: Page 1 of 16 Contract No.: PYI0/II-CWP-25A 1. Term This Agreement shall become effective on July 1, 2010, upon proper execution of this Agreement and will expire June 30, 2011, subject to the termination provisions set forth in Paragraph 15, below. 2. Scope 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 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. Page 2 of 16 Contract No.: PY10/11-CWP-25A 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-1 et. seq. and its implementing regulation,45 C.F.R. Part 80 et. seq.; and - Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing regulation,45 C.F.R. Part 84;and -the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq. and its implementation regulation,45 C.F.R. Part 91; and -Title VII of the Civil Rights Act of 1964; and -the Age Discrimination in Employment Act of 1967; and -the Equal Pay Act of 1963; and -the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race,color, national origin, and, sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included 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. Page 3 of 16 ContractNo.: PY10/ll-CWP-25A 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 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' Page 4 of 16 Contract No.: PY10/II-CWP-25A 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 19°i 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 9t 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 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 16 Contract No.: PY10/11-CWP-25A SIGNED this day of ,2010. ppp COUNTY OF WELD COLORADO, ATTEST: �� :'c �'u° ` BY AND THROUGH THE BOARD OF Weld County C erk to the Board �!�' � COUNTY COMMISSIONERS OF THE COUNTY OF WELD, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF J ��� ' HUMAN SERVICES By: Deputy Cler to the Board By:b / cx) t ha APPROV S TO Dou las Radem her,Chairman . By: SEP 1 3 2010 County Attorney By E� 1✓` �— By: " Chair, Families, Youth and Children Commission, Weld County APPROVED AS TO SU TAN • By: J d A. Grie , Director eld Co y e rtmen o Human S ices Page 6 of 16 ,C/7) " 'a70 Contract No.: PYI0/11-CWP-25A S�f' SIGNED this / day of —I ci fy ,2010. Probation Department 19th Judicial District By: ILL. l./' Title: C h is f P ' $ , O-14E- Page 7 of 16 Contract No.: PYI0/II-CWP-25A EXHIBIT A SCOPE OF SERVICES Scope of Services A. Human Services administers and funds educational and training activities under the Colorado Works Program, as described in 9CCR 2503-1, Section 3.600 of the Colorado Department of Human Services' Staff Manual, and Section 6.030 of the Weld County Department of Human Services Operations Manual. Human Services has determined that it is appropriate and advisable to: 1) Continue the development of MYAT through its collaborative efforts with Probation under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among Probation, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and strategies, which include developing appropriate relationships with community resources. 3) Continue Probation's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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 faith Based and community issues including collaborative between various agencies and coordination of mentoring, counseling and other activities especially for south Weld County;and Page 8 of 16 Contract No.: PYl0/11-CWP-25A juvenile delinquency issues including assessment, case management, supervision, restorative justice, and other related activities. c. 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.. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with Probation: 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. Eli¢ible 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: I) 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. 3. 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 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. Page 9 of 16 Contract No.: PY10/1l-CWP-25A D. Human Services will manage biweekly meetings to be held between Probation MYAT Employee and, at least monthly, 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",as located in either the Weld County Department of Human Services Building at 315 North I lth Avenue, Greeley, Colorado, hereinafter referred to as "the Premises" or located in the Weld County Southwest Administration Building at 4209 WCR 24 '/1, Longmont,Colorado, hereinafter referred to as"the Southwest Premises", as follows: I) Human Services, as the Lessor, will provide one work space to Probation, as Lessee, which will be located at the Premises. 2) In consideration of leasing of the aforesaid,covenants and agrees 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. 1. Any time a Laptop Computer that is assigned to 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. 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 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 or an other Page 10 of 16 Contract No.: PY10/ll-CWP-25A 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; 4. 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; 5. That Probation's employees shall escort all MYAT clients to and from the Office Space and reception area; 6. 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. Role of Probation A. Probation 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, at least monthly, meetings with assigned Human Services Managers. 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 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. 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 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. Probation agrees to commit a 40-hour FTE. C. Probation will directly supervise and manage its employee(s) assigned to MYAT; in order to meet the 40-hour FTE participation requirement and will further assure that it will promote a positive team environment by actively engaging the resolution of concerns with each member of MYAT. D. Probation will initially train and provide ongoing training to its MYAT Team Member(s) and MYAT Supervisor/Manager regarding the MYAT Operational Procedures, as revised and as attached herein. 5. Weld County Families,Youth,and Children Commission: Page 11 of 16 Contract No.: PYI0/11-CWP-25A 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 phase: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. B. If the project successfully reduced high cost services, such as out-of-home placement, detention, or DYC Commitment. C. If the project successfully re-focused resources within Human Services and Probation to continue the MYAT project. D. If 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. If the project successfully reduced the number of minority youth entering the child welfare system or were adjudicated as a youth offender. Page 12 of 16 Contract No.: PY10/ll-CWP-25A EXHIBIT B PAYMENT SCHEDULE 1. Community Investment 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 and families. 2. 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. 3. Youth and Families to be Served Probation agrees to serve a minimum of 100 eligible youth and families 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. 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. 5. Billing Probation agrees to bill Human Services monthly. 6. Cost of Living Adjustment Probation will receive a Cost of Living Adjustment increase commensurate with that provided to Weld County Department of Human Services employees, as approved by the Weld County Board of Commissioners. Page 13 of 16 Contract No.: PY10/1I-CWP-25A EXHIBIT C ASSURANCES I. 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. Page 14 of 16 Contract No.: PY I 0/11-C WP-25A 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 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; Page 15 of 16 Contract No.: PYIO/11-CWP-25A 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 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 16 Contract No.: PY10/II-CWP-25A COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J This Agreement and Lease, made and entered into the I day of July 2010,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". A) Human Services administers and funds educational and training activities under the Colorado Works Program, as described in 9CCR 2503-I, Section 3.600 of the Colorado Department of Human Services' Staff Manual, and Section 6.030 of the Weld County Department of Human Services Operations Manual. Human Services has determined that it is appropriate and advisable to: I) Continue the development of MYAT through its collaborative efforts with St. Vrain under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among St. Vrain, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and strategies, which include developing appropriate relationships with community resources. 3) Continue St. Vrain's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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 Page 1 of 19 Contract No.: PYI0/II-CWP-25A 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. c. 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. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with St. Vrain. 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. 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 Page 2 of 19 Contract No.: PY10/11-CWP-25A 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 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. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: I. Term This Agreement shall become effective on July 1, 2010, upon proper execution of this Agreement and will expire June 30, 2011, 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 Page 3 of 19 Contract No.: PY10/11-CWP-25A of County Commissioners has approved, through the Colorado Works program, funding for the MYAT Program's 2010-2011 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. 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 Page 4 of 19 Contract No.: PYI0/11-CWP-25A -Title VII of the Civil Rights Act of 1964; and -the Age Discrimination in Employment Act of 1967;and -the Equal Pay Act of 1963; and -the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986, P.L.99-603; and all regulations applicable to these laws prohibiting discrimination because of race,color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. Included 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 Page 5 of 19 Contract No.: PY10/11-CWP-25A 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 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 Jackie 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 Jackie Whittington P.O. Box A 395 South Pratt Parkway Greeley, CO 80632 Longmont CO 80501 Page 6 of 19 Contract No.: PY10/11-CWP-25A 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 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. Page 7 of 19 Contract No.: PY10/Il-CWP-25A SIGNED this day of ,2010. ''r•w� COUNTY OF WELD COLORADO, /ATTEST: <7f � BY AND THROUGH THE BOARD OF Weld County Cler to the Board �� COUNTY COMMISSIONERS OF THE 1/42 COUNTY OF WELD, ON BEHALF OF tit THE WELD COUNTY DEPARTMENT OF 1 HUMAN SERVICES By Deputy CI to the Board By QrODyha old APPROVE TO Do glas Ra coacher, Chairman-By: SEP 1 3 2010 County Attorney BPRR E By: Chair, Families, Youth and Children Commission, Weld County APPROVED AS TO SUB TANC By: J d A. Grieg , Director, eld Cou e artmen o Human Ser ces Page 8 of 19 �C/D ale/:9; Contract No.: PY10/11-CWP-25A SIGNED this I day of � ', 2010. ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J. By: Ja ie Whittington,Director tudent Services Page 9 of 1 Contract No.: PY10/II-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. I. Scope of Services At a minimum, the MYAT program, through its collaboration between St. Vrain and Human Services, will document: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. B. If the project successfully reduced high cost services, such as out-of-home placement, detention, or DYC Commitment. C. If the project successfully re-focused resources within Human Services and St. Vrain to continue the MYAT project. D. If the project successfully developed a better system design to meet the needs of the youth and families in regards and, at a minimum,to: I) 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. 2. 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. 1) Continue the development of MYAT through its collaborative efforts with St. Vrain under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among St. Vrain, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and Page 10 of 19 Contract No.: PY10/1 I-CWP-25A strategies, which include developing appropriate relationships with community resources. 3) Continue St. Vrain's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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. c. 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. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with St. Vrain. 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. 3. 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: Page 11 of 19 Contract No.: PY10/1 I-CWP-25A 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. 4. 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 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 11`h Avenue, Greeley, Colorado, hereinafter referred to as "the Premises" or located in the Weld County Southwest Administration Building at 4209 WCR 24 ''/z, 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 follows: a. Human Services will charge no rent to St. Vrain for use of the Office Space; Page 12 of 19 Contract No.: PYI0/11-CWP-25A 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; f 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. 1) Any time a Laptop Computer that is assigned to 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 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 or an 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. 5. Role of St.Vrain A. St. Vrain agrees to participate in the four functions of the project as follows: Page 13 of 19 Contract No.: PY10/11-CWP-25A 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 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. 6. 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: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. Page 14 of 19 Contract No.: PY10/II-CWP-25A B. If the project successfully reduced high cost services, such as out-of-home placement, detention, or DYC Commitment. C. If the project successfully re-focused resources within Human Services and St. Vrain to continue the MYAT project. D. If 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. Page 15 of 19 Contract No.: PYI0/ll-CWP-25A EXHIBIT B PAYMENT SCHEDULE I. 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. 4. Cost of Living Adjustment St. Vrain will receive a Cost of Living Adjustment increase commensurate with that provided to Weld County Department of Human Services employees, as approved by the Weld County Board of Commissioners. Page 16 of 19 Contract No.: PYI0/ll-CWP-25A EXHIBIT C ASSURANCES 1. 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 government has begun but is not completed at the end of the four (4) year period, or if audit findings have not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit finding. Page 17 of 19 Contract No.: PY10/11-CWP-25A 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. Page 18 of 19 Contract No.: PY10/ll-CWP-25A 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 (I) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the 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. Page 19 of 19 Contract No.: PYI0/I1-CWP-25A COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND WELD COUNTY PUBLIC HEALTH This Agreement and Lease,made and entered into the 1st day of July 2010,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, 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 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: • Page 1 of 16 0C/C— ,a(97 Contract No.: PY10/11-CWP-25A 1. Term This amended Agreement shall become effective on July 1, 2010, upon proper execution of this Agreement and will expire June 30, 2011, subject to the termination provisions set forth in Paragraph 15,below. 2. Scope 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 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. Page 2 of 16 Contract No.: PY10/11-CWP-25A 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-1 et. seq. and its implementing regulation,45 C.F.R. Part 80 et. seq.; and - Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing regulation,45 C.F.R. Part 84; and -the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq. and its implementation regulation,45 C.F.R. Part 91;and -Title VII of the Civil Rights Act of 1964;and -the Age Discrimination in Employment Act of 1967; and -the Equal Pay Act of 1963; and -the Education Amendments of 1972; and -Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race,color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. Included 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. Page 3 of 16 Contract No.: PY10/11-CWP-25A 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; 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 Page 4 of 16 Contract No.: PY10/11-CWP-25A 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 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 16 Contract No.: PYI0/II-CWP-25A /�fw..� COUNTY OF WELD COLORADO, ATTEST: ��►. �_.y� BY AND THROUGH THE BOARD OF Weld County Clerk to the Board COUNTY COMMISSIONERS OF THE COUNTY OF WELD, ON BEHALF OF 1661 t'iK*J'�` THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: via . •� Deputy erk to the �� BY: 9 ED T/ RM: Do glas Rad coacher, Chairman un Attorney SEP 1 3 2010 APPROVE& 1±6k By: Chair, Families, Youth and Children Commission, Weld County APPROVED AS TO SU TA E: BY: JI� ka /l/�►�1- ���� . �l Ju'yA. Griep., Directol Weld C.y� ty D:.artmen . Human ices Page 6 of 16 Contract No.: PY10/11-CWP-25A SIGNED this d l day of J ,2010. Weld County Public Health � h BY: IO✓\ k LWG jI'.'Th Dr. Mark Wallace, Executive Director Page 7 of 16 Contract No.: PY10/11-CWP-25A EXHIBIT A SCOPE OF SERVICES 1. Scope of Services A. Human Services administers and funds educational and training activities under the Colorado Works Program, as described in 9CCR 2503-1, Section 3.600 of the Colorado Department of Human Services' Staff Manual, and Section 6.030 of the Weld County Department of Human Services Operations Manual. Human Services has determined that it is appropriate and advisable to: I) Continue the development of MYAT through its collaborative efforts with Public Health under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among Public Health, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and strategies, which include developing appropriate relationships with community resources. 3) Continue Public Health's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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 faith Based and community issues including collaborative between various agencies and coordination of mentoring, counseling and other activities especially for south Weld County;and Page 8 of 16 Contract No.: PY10/II-CWP-25A juvenile delinquency issues including assessment, case management, supervision,restorative justice, and other related activities. c. 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.. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with Public Health: 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. 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: I) 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. 3. 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 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. Page 9 of 16 Contract No.: PY10/II-CWP-25A D. Human Services will manage biweekly meetings to be held between Public Health MYAT Employee and, at least monthly, 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",as located in either the Weld County Department of Human Services Building at 315 North lit" Avenue, Greeley, Colorado, hereinafter referred to as "the Premises" or located in the Weld County Southwest Administration Building at 4209 WCR 24 %, Longmont, Colorado,hereinafter referred to as"the Southwest Premises", as follows: I) Human Services, as the Lessor, will provide one work space to Public Health, as Lessee, which will be located at the Premises. 2) In consideration of leasing of the aforesaid,covenants and agrees 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. 1. Any time a Laptop Computer that is assigned to 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. 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 Public Health agrees to indemnify, save, and hold harmless Human Services from any and all loss, injury, or damage whatsoever, Page 10 of 16 Contract No.: PYl0/ll-CWP-25A to all office equipment, furniture,equipment, office supplies or an 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; 4. 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; 5. That Public Health's employees shall escort all MYAT clients to and from the Office Space and reception area; 6. 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. 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,at least monthly, meetings with assigned Human Services Managers. 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 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. Public Health agrees to commit a 40-hour FTE. C. Public Health will directly supervise and manage its employee(s) assigned to MYAT, in order to meet the 40-hour FTE participation requirement. D. Public Health agrees to assign staff to be housed at the Department according to lease provisions provided. Page 11 of 16 Contract No.: PYI0/ll-CWP-25A 5. 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 phase: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. B. If the project successfully reduced high cost services, such as out-of-home placement, detention,or DYC Commitment. C. If the project successfully re-focused resources within Human Services and Public Health to continue the MYAT project. D. If 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. Page 12 of 16 Contract No.: PY10/ll-CWP-25A EXHIBIT B PAYMENT SCHEDULE Community Investment 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 and families. 2. Payment Requirements Expenses incurred by Public Health, 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. 3. Youth and Families to be Served Public Health agrees to serve a minimum of 100 eligible youth and families 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. 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 40-hour 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. 5. Billing Public Health agrees to bill Human Services monthly. 6. Cost of Living Adjustment Public Health will receive a Cost of Living Adjustment increase commensurate with that provided to Weld County Department of Human Services employees, as approved by the Weld County Board of Commissioners. Page 13 of 16 Contract No.: PYI0/11-CWP-25A EXHIBIT C ASSURANCES 1. 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 Page 14 of 16 Contract No.: PY10/11-CWP-25A funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 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 Page 15 of 16 4 Contract No.: PYIO/II-CWP-25A 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 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. Page 16 of 16 Contract No.: PY10/ll-CWP-25A COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND The Weld County School District Re-8 This Agreement and Lease, made and entered into the 1 day of July_2010,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". A) Human Services administers and funds educational and training activities under the Colorado Works Program, as described in 9CCR 2503-I, Section 3.600 of the Colorado Department of Human Services' Staff Manual, and Section 6.030 of the Weld County Department of Human Services Operations Manual. Human Services has determined that it is appropriate and advisable to: 1) Continue the development of MYAT through its collaborative efforts with District Re-8 under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among District Re-8, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and strategies, which include developing appropriate relationships with community resources. 3) Continue District Re-8's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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 Page 1 of 19 Contract No.: PYI0/11-CWP-25A 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. c. 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. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with District Re-8. 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. 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 Page 2 of 19 Contract No.: PY10/11-CWP-25A WHEREAS, District Re-8 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, 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 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, 2010, upon proper execution of this Agreement and will expire June 30, 2011, 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 Page 3 of 19 Contract No.: PY10/11-CWP-25A of County Commissioners has approved, through the Colorado Works program, funding for the MYAT Program's 2010-2011 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. 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 a 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 a seq. and its implementation regulation,45 C.F.R. Part 91; and Page 4 of 19 Contract No.: PY10/11-CWP-25A -Title VII of the Civil Rights Act of 1964; and -the Age Discrimination in Employment Act of 1967; and -the Equal Pay Act of 1963; and -the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986, P.L.99-603; and all regulations applicable to these laws prohibiting discrimination because of race,color, national origin, and,sex, religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended,cited above. Included 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 Page 5 of 19 • Contract No.: PY10/ll-CWP-25A 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 I I.b, I I.c.or I I.d.,below. b. Withhold payment to District Re-8 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 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 Page 6 of 19 Contract No.: PYIO/11-CWP-25A 14. Litigation District Re-8 shall promptly notify Human Services in the event that District Re-S 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 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. Page 7 of 19 Contract No.: PYI0/II-CWP-25A SIGNED this day of ,2010. ate, COUNTY OF WELD COLORADO, ATTEST: �Y` " BY AND THROUGH THE BOARD OF Weld County Clerk to the d � �� COUNTY COMMISSIONERS OF THE t 1861 442 COUNTY OF WELD, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Deputy Cler to the Board BY ou,tz rrit /�` gyp 2/c APPROVED TO F Dou las Rad 'ocher,Chairman By: SEP 1 3 2010 County Attorney /APPRO ED: By: Chair, Families,Youth and Children Commission, Weld County APPROVED AS TO SUB TAN BY: J d A. G ieg., Director eld Cou/y �eoartme . Human S ices Page 8 of 19 Contract No.: PY10/11-CWP-25A SIGNED this /1 day of V vA1g ,2010. WELD SCHOOL DISTRICT RE'-a 8 By: k A. Payler, Superintendent By: �. i TSejetij TRI RE-8 School Board President Page 9 of 19 • Contract No.: PY10/II-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. 1. Scope of Services At a minimum, the MYAT program, through its collaboration between District Re-8 and Human Services, will document: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. B. If the project successfully reduced high cost services, such as out-of-home placement, detention,or DYC Commitment. C. If the project successfully re-focused resources within Human Services and District Re-8 to continue the MYAT project. D. If 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. 2. 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. 1) Continue the development of MYAT through its collaborative efforts with District Re-8 under a pro-active approach to assist Human Services and the community in meeting the needs of at-risk youth and their families in Weld County by connecting or developing positive alternatives for youth and families, strengthening families, and preventing these youth from entering the Child Welfare or Youth Corrections systems. 2) Continue the MYAT collaborative environment among District Re-8, Human Services and other agencies and schools contracted by Human Services to participate in MYAT in order to assist clients in developing coping skills and Page 10 of 19 Contract No.: PY10/II-CWP-25A strategies, which include developing appropriate relationships with community resources. 3) Continue District Re-8's and Human Services' efforts to develop MYAT quality services and evidence-based practices and outcomes in the areas of: a. A community-wide system to meet the needs of youth and families in conflict or in need of positive youth development. b. 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. c. 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. 4) Continue the expansion of quality services and outcomes of MYAT, which is housed at Human Services in partnership with District Re-8. 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. 3. 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: Page 11 of 19 • ContractNo.: PYID/11-CWP-25A 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. 4. 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 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 11th Avenue, Greeley, Colorado, hereinafter referred to as"the Premises,"as follows: I) 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; Page 12 of 19 ContractNo.: PYI0/ll-CWP-25A 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. I) Any time a Laptop Computer that is assigned to 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. 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 or an 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-8 MYAT Employee regarding the operations manual, the database, case documentation, treatment planning, community resources, team building and intervention skills. 5. Role of District Re-8 A. District Re-8 agrees to participate in the four functions of the project as follows: Page 13 of 19 Contract No.: PY10/11-CWP-25A 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 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 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. 6. 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: A. If the project successfully reduced the number of open cases in the child welfare system or adjudicated youth in the juvenile justice system. Page 14 of 19 Contract No.: PY10/11-CWP-25A B. If the project successfully reduced high cost services, such as out-of-home placement, detention, or DYC Commitment. C. If the project successfully re-focused resources within Human Services and District Re-8 to continue the MYAT project. D. If the project successfully developed a better system design to meet the needs of the youth and families in regards and,at a minimum,to: I) 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. If the project successfully reduced the number of minority youth entering the child welfare and adjudicated as a youth offender. Page 15 of 19 Contract No.: PY10/ll-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 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. 4. Cost of Living Adjustment District Re-8 will receive a Cost of Living Adjustment increase commensurate with that provided to Weld County Department of Human Services employees, as approved by the Weld County Board of Commissioners. Page 16 of 19 ContractNo.: PYI0/ll-CWP-25A EXHIBIT C ASSURANCES 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 17 of 19 ContractNo.: PYIO/II-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. Page 18 of 19 ContractNo.: PY10/ll-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. Page 19 of 19 Hello