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HomeMy WebLinkAbout20090522.tiffRESOLUTION RE: APPROVE COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE AND AUTHORIZE CHAIR TO SIGN - SAINT VRAIN VALLEY SCHOOL DISTRICT RE -1J WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Colorado Works Program Agreement for Services and Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Saint Vrain Valley School District RE -1J, commencing July 1, 2008, and ending June 30, 2009, with further terms and conditions being as stated in said agreement and lease, and WHEREAS, after review, the Board deems it advisable to approve said agreement and lease, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado Works Program Agreement for Services and Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Saint Vrain Valley School District RE -1J be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D., 2009, nunc pro tunc July 1, 2008. ATTEST: Weld County Clerk to the BY. Deputy Cler to the Board APPROVED AS TO FORM: /45N-, C ty Attouley Date of signature: `-/ BOARD OF COUNTY COMMISSIONERS WELD GAUN Y COLORADO Douglas ademac B rbara Kirkmeyer 06' E cri David E. Long (7n; 2009-0522 H R0080 0-7/69 MEMORANDUM �'\ = DATE: February 19, 2009 '1 O • TO: William F. Garcia, Chair, Board of County Commi�,io s FROM: Judy A. Griego, Director, Human Servi e Depa�tl/mtFent' COLORADO RE: Colorado Works Program Agreement for Services and Lease between the Weld County Department of Human Services and St. Vrain Valley School District RE -1J Enclosed for Board approval are Colorado Works Program Agreements for Services and Lease between the Weld County Department of Human Services and St. Vrain Valley School District RE -1J. This Agreement was presented at the Board's August 20, 2008, 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: No Contractor Number to be Served Maximum Contract Amount 1 St. Vrain Valley School District RE -1J 100 eligible youth and families for a 35 -hour FTE $37,492.00 per year 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 'h, Longmont, Colorado The term of this Agreement is from July 1, 2008 through June 30, 2009. If you have questions, please give me a call at extension 6510. `.n N o ac_ W(7 Ni 2009-0522 Contract No.: PY08/09-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 `6rday of: 200& 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 2503-1, 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 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 air - csg? Contract No.: PY08/09-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. 3) 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.: PY08/09-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: 1. Term This Agreement shall become effective on July 1, 2008, upon proper execution of this Agreement and will expire June 30, 2009, 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. Page 3 of 19 Contract No.: PY08/09-CWP-25A d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Weld County funds to Human Services. The Weld County Board of County Commissioners has approved, through the Colorado Works program, funding for the MYAT Program's 2008-2009 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 Page 4 of 19 Contract No.: PY08/09-CWP-25A - 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. 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. II. 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: Page 5 of 19 Contract No.: PY08/09-CWP-25A a. The Director of Human Services or designee will provide written notification related to the St. Vrain failure to satisfy the scope of work described in this agreement within five business days of discovery. St. Vrain will provide a plan to correct their failure within five business days of receiving notification. Nothing in this paragraph shall be construed 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, Name 13. Notice Manager 2 Jackie Whittington Director Student Services Title Name Title 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: Judy A. Griego, Director Jackie Whittington P.O. Box A 395 South Pratt Parkway Greeley, CO 80632 Longmont CO 80501 To: St. Vrain Page 6 of 19 Contract No.: PY0S/09-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 PY08/09-CWP-25A ATTEST: Weld County Clerk to the Bo Dep . ty Clerlt the Board COUNTY OF WELD COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES BY: APPROVED TO EOM William F"Garcia, Chairman Jr1 `County Attomey *PPROVED: By: �' / � LQtnJ Char Fa flies, Youth and Children Commission, Weld County APPROVED AS TO SUBSTANCE BY: A. Grieg , Director, -Id County rtment of Human SerS ces MAR 0 2 2009 Page 8 of 19 Contract No.: PY08/09-CWP-25A SIGNED this day of , 2009. II: 37 ST. VRAIN VALLEY SCHOOL DISTRICT RE -1J. BY -BY: ST. VRA DISTRIC esident Page 9 of 19 Contract No.: PY08/09-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.: PY08/09-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.: PY08/09-CWP-25A 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. 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 1 Avenue, Greeley, Colorado, hereinafter referred to as "the Premises" or located in the Weld County Southwest Administration Building at 4209 WCR 24 'A, Longmont, Colorado, hereinafter referred to as "the Southwest Premises", as follows: 1) Human Services, as the Lessor, will provide one work space to St. Vrain, as Lessee, which will be located at the Southwest Premises and will provide one work space to be located at the Premises. 2) In consideration of leasing of the aforesaid, the parties covenant and agree as follows: Page 12 of 19 Contract No.: PY08/09-CWP-25A a. Human Services will charge no rent to St. Vrain for use of the Office Space; b. St. Vrain agrees to use ordinary care when using the Office Space; c. St. Vrain may not sublet any part of the Office Space; d. St. Vrain may not use the Office Space for any purpose other than conducting the business and duties under the MYAT Agreement; e. St. Vrain shall keep the Office Space clean and in sanitary condition; f. St. Vrain shall allow Human Services any reasonable hour of the day to enter into or upon the Office Space. g. 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: 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 Page 13 of 19 Contract No.: PY08/09-CWP-25A 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) by November 1, 2008. 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. 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. Page 14 of 19 Contract No.: PY08/09-CWP-25A 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.: PY08/09-CWP-25A EXHIBIT B PAYMENT SCHEDULE 1. 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 $37,492 for a 35 -hour FTE. This reimbursement to St. Vrain will be made in four (4) quarterly installments of $9,373 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 35 -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. Page 16 of 19 Contract No.: PY08/09-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.: PY08/09-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.: PY08/09-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 (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the State's site by St. Vrain in the course of providing services under this Agreement will be accorded at least the same precautions as are employed by St. Vrain for similar information in the course of its own business. 17. St. Vrain certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub -contractors. Page 19 of 19 Hello