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HomeMy WebLinkAbout20093057.tiffRESOLUTION RE: APPROVE TWO 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 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 following providers, with terms and conditions being as stated in said agreements and leases, and 1. North Range Behavioral Health (July 1, 2009 - June 30, 2010) 2. Weld County School District RE -8 (October 23, 2009 - June 30, 2010) 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. 2009-3057 HR080 Ce ( kS Cc 0 �L� o Ko2 1 *c/oq RE: TWO COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 2009, nunc pro tunc July 1, 2009. BOARD OF COUNTY COMMISSIONERS WELD COtl,R9TY, COLORADO ATTEST: Wel. County Clerk to the Board j. BY AP V County Attorney Date of signature I Ittlitel Debi ty Cler 3'o the Board EXCUSED m F. Garcia, Chair L gla . Rademach Sea'. Conway a Kirkmeyer h �l David E. Long 2009-3057 HR0080 MEMORANDUM DATE: V IITO: kFROM COLORADO RE: November 19, 2009 William F. Garcia, Chair, Board of County Commixssioners Judy A. Griego, Director, Human e Colorado Works Program Agreement 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. The North Range Behavioral Health Agreement was presented at the Board's June 22, 2009, Work Session. Weld County School District RE -8 replaces the Greeley/Evans School District Six position as presented at the Board's August 31, 2009, Work Session. The Agreements continue 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 these Agreements are as follows: No Contractor/Term Number to be Served Maximum Contract Amount 1 North Range Behavioral Health July 1, 2009 — June 30, 2010 100 eligible youth and families for two 40 -hour FTE's $44,133.44 for each FTE Max. $88,266.88 2 Weld County School District RE -8 October 23, 2009 — June 30, 2010 100 eligible youth and families for one 40 -hour $30,526.16 per year FTE Human Services will provide "Office Space", as located in either the Weld County Department of Human Services Building at 315 North I I"' Avenue, Greeley, Colorado, or the Weld County Southwest Administration Building at 4209 WCR 24 '/2, Longmont, Colorado If you have questions, please give me a call at extension 6510. 2009-3057 Contract No.: PY09/l0-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 thel3 day ofkKYlnk2r9, by and between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Human Services", and North Range Behavioral Health, hereafter referred to as "North Range". WITNESSETH WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the County of Weld has provided Human/Social Services fund resources for education, training, and support services for Weld County's low-income families; and WHEREAS, positive youth development and the strengthening of families are major goals for Colorado including Weld County; and WHEREAS, meeting the needs of at -risk youth and their families in Weld County is a critical issue; and WHEREAS, Human Services and North Range agree to a common planning goal of "intervening successfully with families in the least intrusive manner while maximizing safety before they enter the child welfare and juvenile justice systems; and upon entry into the child welfare systems, to expedite the positive resolution of their treatment or case plans" ; and WHEREAS, Human Services and North Range agree that that a multi -disciplinary approach will assist in building a strong collaborative system on behalf of at -risk youth and their families; and WHEREAS, North Range is dedicated to develop and participate in the Multidisciplinary Youth Assessment Team (MYAT) with other agencies and school districts that are recognized experts in their respective fields and that are contractors under MYAT; and WHEREAS, North Range has the expertise and wishes to commit the appropriate staff and managerial support on behalf of MYAT to plan, collaborate, provide case management, and related services required of MYAT; and 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 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 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.: PY09/10-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.: PY09/l0-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.: PY09/10-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, Name 13. Notice Manager 2 Dave Rastatter, Director of Child and Family 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: 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.: PY09/10-CWP-25A ATTEST: Weld County Clerk to the Bo By: APPROVED AS TO FORM Amity omey APPROV By: Dep. y Clerk to 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: William I(Garcia, Chairman F. Chair, Families, Youth and Children Commission, Weld County APPROVED QS TO SUB TAN BY: JudyjA. Gr o, Direct Welltounty Department of Human Services NOV 2 f} 2002 Page 6 of 16 &DOS- 3057 Contract No PY09/10-CWP-25A SIGNED this I St day of Dcr , 2009. North Range Behavioral Health BY � d74 yde A. -47 Executive Director 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 2503-1, 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 8 of 16 Contract No.: PY09/10-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 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: 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 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.: PY09/10-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: 1) Human Services, as the Lessor, will provide two work spaces to North Range, as Lessee, which will be located at the Premises. 2) In consideration of leasing of the aforesaid, 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 PY09/10-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.: PY09/10-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 PY09/10-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 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 FIE 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 tf 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.: PY09/10-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. 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.: PY09/10-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.: PY09/l0-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 ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Rich F Cartmill Ins of CO of Colorado LLC 8213 W. 20th Street Greeley CO 80634 Phone:970-356-8030 INSURED Fax:970-356-8032 North Range Behavioral Health Greeley COt80631nue OP ID DP NORTH12 DATE IMMIDDIYYYYI 06/23/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T INSURERS AFFORDING COVERAGE IT NRC u _... wsuRERn Granite Insurance Company INSURER B. Pinnacol Assurance INSURER C' National Union Fire Iris Co. _.......... INSURER O Tr INSURER E i COVERAGES .. THE POLICIES ANY REQUIREMENT. MAY PERTAIN, POLICIES INS INSRSRL OF INSURANCE LISTED BELOW HAVE TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY THE AGGREGATE LIMITS SHOWN MAY HAVE -- �I- - -""- I LPEOF INSURANCE SEEN ISSUED TO THE INSURED NAMED CONTRACT OR OTHER DOCUMENT WITH POLICIES DESCRIBED HEREIN IS SUBJECT BEEN REDUCED BY PAID CLAIMS. ------ -'--"" "-- POLICY NUMBER ABOVE FOR THE POLICY RESPECT TO VA/ICH 'ID ALL THE TERMS, PERIOD INDICATED THIS CERTIFICATE MAY EXCLUSIONS AND CONDITIONS DATE (MMIDDM') NOTWITHSTANDING0 BE ISSUED OR OF SUCH 0 POLTCYLFFECHVE •POLICYEXPIRATION DATE IMM/DD/YYI I LIMITS LEfl A X GENERAL LIABILITY XICOMMERCIAL GENERAL //ABILITY 02LX0009055773000 'I 07/01/09 O%/O1/lO EACHOCCURRENCE'51,000,000 PREMISDAITTAGFS(Ea occLO IPRFMI$LS(Ee oc e,we) $50,000 f L. ' CLAIMS MADE .es. OCCUR MED FXP (Any one person) TERSONALaADV INJURY 1$1,000,000 $10,000 XIProfessional Liab I I!`` GENERA/ AGGREGATE •$ 3 000,000 ,GEN'LAGGREGAI'E LIMIT APPLIES PER [PRODUCTS COMP/OPAGG $ 3,000,000 SIX I POLICY ! 57(8±I, LOC !'. I Emp Ben. 1,000,000 AUTOMOBILE LIABILITY I COMBINED SINGIF I IMIT III ae"') '', s1,000,000 A 07/01/10 IE X ANY AUTO 02LX0009055773000 07/01/09 �_ -� Al I. OWNED AUTOS I BODILY INJURY $ — (Per Person) I SCHEDULED AUTOS - HIRED AUTOS III BODILY INJURY �S (Per accident) NON AU KS __ I I PROPERTY DAMAGE. $ (Per accident) I GARAGE LIABILITY ',. AUTO ONLY - EA ACCIDENT $ _ I ANY AUTO I OTHER THAN EA ACC 1§ AUTO ONLY. AGO I $ Ali T$2,000,000 EXCESS/UMBRELLA LIABILITY I ! EACH OCCURRENCE C I X IOCCUR CLAIMS MADE rr.. _ 29UD000244418300 07/01/09 07/01/10! AGGREGATE $2,000,000 • $ DDD ''. RPDIICTIBLE ON1X COMPE I WE STA E I DIII X /TORY LIMITS ER -- —' SA AND, WORKERS COMPENSATION AND EMPLOYERS LIABILITY ! 07/01/09 07/01/10 ' FI EACH ACCIDENT 1$100000 B J ROPFIETCw ARTNE DXECU ENE OFFICER/MEMBER EXCLUDED'/ 4044331 E L DISEASE EA L 11`$ 100000 SPECIALaPROVLinClei ISIIONS below E DISEASE- POI ICY I IMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS State of Colorado is listed as additional insured where their interest may appear. 10 day cancellation provision still applies for non-payment. CERTIFICATE HOLUEK KPETERS Weld County Department of Human Services 315 N 11th Ave Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Michael J Schmitt CIC M ACORD CORPORATION 1988 ACORD 25(2001/08) Contract No.: PY09/10-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 23 day of October 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 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 2503-1, 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 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.: PY09/10-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.: PY09/10-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 follows: 1. Term This Agreement shall become effective on October 23, 2009, upon proper execution of this Agreement and will expire June 30, 2010, subject to the termination provisions set forth in Paragraph 15, below. 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.: PY09/l0-CWP-25A of County Commissioners has approved, through the Colorado Works program, funding for the MYAT Program's 2009-2010 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. 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. Assurances District Re -S shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this agreement, District Re -8 shall adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Agreement. District Re -8 acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.• and - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part 84; and - the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulation, 45 C.F.R. Part 91; and Page 4 of 19 Contract No.: PY09/10-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. II. 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.. PY09/10-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 11.b, 11.c. or 11.d., below. b. Withhold payment to District Re -8 until the necessary services or corrections in performance are satisfactorily completed; 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, Name 13. Notice Manager 2 John S. Hoag, Assistant Superintendent of Operations 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 Mark A. Payler, Superintendent P.O. Box A 301 Reynolds Street Greeley, CO 80632 Fort Lupton, CO 80621 To: District Re -8 Page 6 of 19 Contract No.. PY09/10-CWP-25A 14. Litigation District Re -8 shall promptly notify Human Services in the event that District Re -8 learns of any actual litigation in which it is a party defendant in a case, which involves services provided under this Agreement. District Re -8, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Human Services' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 15. Termination 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.: PY09/l0-CWP-25A ATTEST: Weld County Clerk to the Board By: Deputy - lerk to the APPR,qVED AS TO FORM; APPROVE 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" Garcia, Chairman r - Chair, Families, Youth and Children Commission, Weld County APPROVED AS TO SUBSTANCE: BY: I, Judy A. Grieg . Directoy Department o Human Services ounty NOV 2 3 ?009 Page 8 of 19 '009- 3°57 Contract No.: PY09/l0-CWP-25A SIGNED this 19 day of OE 04542009. WELD SCHOOL DISTRICT RE -8 BY: Mar BY: DIS School Board President Page 9 of 19 Contract No PY09/10-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 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.: PY09/l0-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. 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.: PY09/10-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. 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. 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 either the Weld County Department of Human Services Building at 315 North 11`x' 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 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; Page 12 of 19 Contract No.. PY09/10-CWP-25A b. District Re -8 agrees to use ordinary care when using the Office Space; c. District Re -8 may not sublet any part of the Office Space; d. District Re -8 may not use the Office Space for any purpose other than conducting the business and duties under the MYAT Agreement; e. District Re -8 shall keep the Office Space clean and in sanitary condition; f District Re -8 shall allow Human Services any reasonable hour of the day to enter into or upon the Office Space. g. District Re -8 shall be responsible for loss or damage of equipment. 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 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 -S Page 13 of 19 Contract No.: PY09/10-CWP-25A District Re -8 agrees to participate in the four functions of the project as follows: 1) As a policy and program developer and planning partner for the project by attending meetings or utilizing other forms of communication at least monthly with assigned Human Services Manager(s). 2) As a member of MYAT to enter into a Memorandum of Understanding with Human Services outlining how its employees will meet the expectations of the MYAT Operational Guidelines, as revised, and to develop appropriate treatment plans for youth and families through FTE commitment by District Re -8. District Re -8 agrees to comply with the MYAT Operational Guidelines, as revised, and MYAT participation standards through a Memorandum of Understanding with District Re -S 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 -S 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: 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.: PY09/10-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.: PY09/10-CWP-25A EXHIBIT B PAYMENT SCHEDULE I. 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 $30,526.16 for a 40 -hour FTE. This reimbursement to District Re -8 will be made in three (3) quarterly installments of $10,175.37 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 Contract No PY09/10-CWP-25A EXHIBIT C ASSURANCES 1. District Re -8 agrees it is an independent contractor and its employees do not become employees of Weld County and shall not be entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 3. 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 c 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 Contract No.: PY09/l0-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. 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 Contract No.: PY09/10-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