HomeMy WebLinkAbout20092398.tiffRESOLUTION
RE: APPROVE COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND
LEASE 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 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 Weld County Department of Public Health
and Environment, and the Weld County Department of Human Services, commencing July 1, 2009,
and ending June 30, 2010, 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 Weld County Department of Public Health and Environment, and
the Weld County Department of Human Services 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 9th day of September, A.D., 2009.
ATTEST: fae/a'(/vi•
Weld County Clerk to the
BY: ≥ ZSL V.
Deputy Clerk to the Boa
APPR• D AS
ounty Attorney
Date of signature
•
io/rloy
BOUNTY COMMISSIONERS
WELD COU1�J?fY, COLORADO
Sean P. Conway
/ Bar r Kirkmeyer
David E. Long
Pro-Tem
it -
2009 -2398
HL0036
/WV �o'1
COLORADO
Memorandum
TO: William F. Garcia, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment C (
DATE: July 22, 2009 ��i� �, �
SUBJECT: MYAT — Colorado Works Program
Agreement for Services and Lease
between Weld County Department of
Human Services and Weld County
Department of Public Health and
Environment
Enclosed for Board review and approval is an agreement between Weld County
Department of Human Services and Weld County Department of Public Health and
Environment. This agreement allows the Department of Public Health to continue to
participate in the Multi -Youth Assessment Team administered by the Department of
Human Services.
The agreement allows for a Public Health employee to provide case management
services as part of MYAT (Multi -Youth Assessment Team) which provides intervention
and connection skills for program services to youth and their families. The Public Health
case manager will assist clients in finding counseling, basic needs and other related
family support information and services. The goal is to intervene successfully with
families before they enter the child welfare and juvenile justice systems.
Funding for these services is covered through the Colorado Works Program Agreement
for Services and Lease between Weld County Department of Human Services and
Weld County Public Health and Environment.
The term of the contract is for July 1, 2009 through June 30, 2010. Funding for the
project period will not exceed $44,133.44. I recommend your approval of this
agreement.
Enclosure
2009-2398
Contract No.: PY09/10-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 _I day of July 2009, 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
Contract No PY09/10-CWP-25A
1. Term
This amended Agreement shall become effective on July 1, 2009, upon proper execution of this
Agreement and will expire June 30, 2010, 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 PY09/10-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.: PY09/I0-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
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Contract No.: PY09/10-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,
Name
13. Notice
Manager 2 Linda Henry, Director of Public Health 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: 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 8063 I
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.: PY09/I0-CWP-25A
ATTEST:
Weld County Clerk to the Board
By:
APPROVED AS TO FORM:
Cou
APPROVED.
By:
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:
(
William F Garcia, Chairman. 2009
Chair, Families, Youth and Children Commission, Weld County
APPROVED AS TO SUB$�ANi
BY:
Ju%y ' . Grieg, Director,
ment o Human Se es
Page 6 of 16
Contract No.: PY09/10-CWP-25A
VI
SIGNED this day of
, 2009.
Weld County Public Health
BY:
MAci1 ,'t `AL(0,e( ICJ
Page 7 of 16
Contract No.: PY09/10-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-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
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
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Contract No.: PY09/l0-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:
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.
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.
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Contract No.: PY09/l0-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 I Ii' 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 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.
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 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,
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Contract No.: PY09/10-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:
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 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.
5. Weld County Families, Youth, and Children Commission:
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Contract No.: PY09/10-CWP-25A
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.
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Contract No.: PY09/10-CWP-25A
EXHIBIT B
PAYMENT SCHEDULE
L 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. Billint
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.
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Contract No.: PY09/10-CWP-25A
EXHIBIT C
ASSURANCES
I. 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 govemment has begun but is not completed at the end of the four (4) year
period, or if audit findings have not been resolved after a four (4) year period, the materials shall
be retained until the resolution of the audit finding.
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
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Contract No.: PY09/l0-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 II(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 leaming of an existing appearance of
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Contract No.: PY09/10-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 (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 Contract. Any
proprietary information removed from the State's site by Public Health in the course of providing
services under this Contract will be accorded at least the same precautions as are employed by
Public Health for similar information in the course of its own business.
16. Public Health certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104, requiring
criminal background record checks for all employees, contractors, and sub -contractors.
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