HomeMy WebLinkAbout20083131.tiff RESOLUTION
RE: APPROVE THREE CHILD PROTECTION AGREEMENTS FOR SERVICES 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 three Child Protection Agreements for
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
providers listed below, commencing January 1, 2009, and ending December 31, 2009, with further
terms and conditions being as stated in said agreements, and
1. Theron Sills, M.D.
2. Larry Matthews, M.D.
3. Marilyn Neihart
(Term of December 1, 2008, through November 30, 2009)
WHEREAS,after review,the Board deems it advisable to approve said agreements,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 three Child Protection Agreements for Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Human Services, and the providers listed above be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
2008-3131
HR007
THREE CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L �l L_„
),`v W. ' 'm, Jerke, Chair
Weld County Clerk to th �\�
re Robert sden, Pro-Tern
BY: .t v/ � oil
Deputy Clerk to the Boa �� c .�yl ! "
Willi F. Garcia
APP A •
David E. Long
ounty Attorney
Douglas R emacher
Date of signature: < z o
2008-3131
HR0079
MEMORANDUM
fit :lim
DATE: November 17, 2008
' TO: William H. Jerke, Chair, Board of ounty Commis 'oners Itc O FROM: Judy A. Griego, Director, Human rvices `pa rlf•COLORADO RE: Child Protection Agreements between the Weld County
Department of Human Services and Various Contractors
Enclosed for Board approval are Child Protection Agreements for Services between the Weld
County Department of Human Services and Contractors listed below. These Agreements were
presented at the Board's November 24, 2008, Work Session.
Below are the major provisions of the attached Agreements:
Contractor
No. Term of Agreement Program Area Rates
1 Sills, Theron MD Psychiatric Consultation $75.00 per Hour
January 1 —December 31, 2009 Max. $3,600.00
2 Mathews, Larry MD Medical Consultation $75.00 per Hour
January 1 —December 31, 2009 Max. $3,600.00
3 Neihart, Marilyn Consultation, support, $67.00 per hour
training Not to exceed 20
December 1,2008—November 30, hours per week
2009
If you have questions, please give me a call at extension 6510.
2008-3131
Contract No.:PY08-CPS-85
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND THERON SILLS,M.D.
( X) Purchase of Psychiatric Consultation Agreement
( ) Purchase of Medical Consultation Agreement
( ) Purchase of Educational Consultation Agreement
Was this Agreement competitively procured?
( )Yes Date Procured / /
(X )No (Attach Waiver of Competitive Procurement for Child Protection Agreements Form)
ry-1j 9
This Agreement, made and entered into the I '_ day of Deecwber 200@, by and between the Board of
County Commissioners,on behalf of the Weld County Department of Human Services,hereinafter referred to as"Human
Services," and Theron Sills, M.D., hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Human Services fund resources for medical consultation to Weld County residents as identified by Human Services;and
WHEREAS,Human Services desires to enter into an agreement with the Contractor to assist Human Services in
providing medical consultations to the Child Protection Team.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Terms
This Agreement shall become effective on January 1,2009,upon proper execution of this Agreement and will
expire December 31,2009. The Contractor agrees that time is essence in their performance of its obligations
under this Agreement, and that completion of the Project shall occur no later than the termination date of
December 31, 2009.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for child protection services in
compliance with Exhibit A "Scope of Services," a copy of which is attached and incorporated by reference.
Page 1 of 6
Contract No.:PY08-CPS-85
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"a copy of which is attached and
incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement,which will be paid from county
funds during the duration of this agreement.
b. The Contractor 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 Social Services.
The Contractor 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
the Contractor.
Failure to submit monthly billings in accordance with the terms of this agreement shall result in the
Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to the Contractor 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. 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, the Contractor 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-128.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Contractor 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 the Contractor has failed to comply with the Financial
Management Requirements,program objectives, contractual terms, or reporting requirements.
Page 2 of 6
Contract No.: PY08-CPS-85
6. Assurances
The Contractor 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,the Contractor 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. The
Contractor 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.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with the
Colorado Department of Social Services or with the U.S.Department of Health and Human Services,Office for
Civil Rights.
8. Certifications
Contractor 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.
Page 3 of 6
Contract No.: PY08-CPS-85
9. Monitoring and Evaluation
The Contractor and Human Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by the Contractor and Human Services. The results of the monitoring and evaluation shall
be provided to the Board of Weld County Commissioners.
The Contractor shall permit Human Services,and any other duly authorized agent or governmental agency,to
monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site
checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
II. Remedies
The Director of Human Services or designee may exercise the following remedial actions should s/he find the
Contractor 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 the Contractor.
These remedial actions are as follows:
a. Withhold payment to the Contractor 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 the Contractor 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 the Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement or other
agreements between Social Services and the Contractor,or by social Services 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):
Page 4 of 6
Contract No.: PY08-CPS-85
For Human Services: For the Contractor:
Mary Gill, SS Manager 2 Theron Sills, M.D..
Name Title Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals atthe 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: Social Services To:
Judy A. Griego, Director Theron Sills, M.D.
P.O. Box A 900 14`" Street
Greeley,CO 80632 Greeley, CO 80631
14. Litigation
The Contractor shall promptly notify Human Services in the event that the Contractor learns of any actual
litigation in which it is a party defendant in a case,which involves services provided under this Agreement. The
Contractor,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.
14. Termination
This Agreement may be terminated at any time by either party given thirty (30) days written notice and is
subject to the availability of funding.
15. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties
with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 9
herein.
Page 5 of 6
Contract No.: PY08-CPS-85
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST: /-)-‘
Weld Weld County C ? to i I oaTd4 BOARD OF COUNTY COMMISSIONERS
i ( "< WELD COUNTY, COLORADO
'-„/
By: J IL d i ' �. , y/ By l G✓
Deputy ' lerk to the Board William H. Jerke, Chair
ULtj UJ
' au()
APPROVED AS TO FORM:
eou "{L {/,7,1,( ({_Q , CONTRACTOR
nty Ai4orney •
CL ,-2—
By: ✓ , i l ✓e)
Theron Sills, M.D.
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
L, ! ,
Judy . riego, irector
Page 6 of 6
67-3/j
Contract No.: PY08-CPS-85
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Human Services administers a Child Protection Team which is an advisory multi-disciplinary team which was
formed to advise Human Services on specific child protection cases. The Contractor's participation on the
Child Protection Team partially fulfills Human Services' statutory responsibility of providing a multi-
disciplinary Child Protection Team.
The Contractor agrees to provide psychiatric consultation and interpretation of psychiatric dynamics related to
the cases staffed in the Child Protection Team in accordance to the policies and procedures provided by Human
Services.
The Contractor shall:
a. Attend a maximum of two Child Protection meetings per month,providing medical consultation on
three to four cases per meeting. Each meeting is two hours in duration. The meeting time, location,
and dates will be determined by Human Services. Human Services will assess monthly the number of
meetings to be attended by the Contractor. Human Services will notify the Contractor of such
schedule.
b. Provide consultation on crisis situations where a session is needed to meet the special needs of an
abused or neglected child.
2. Confidentiality
The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of child abuse and any
identifying information in those reports are strictly confidential.
3. Eligible Client Cases
Human Services shall be responsible for selecting cases to be reviewed and staffed by the Contractor.
Page 1 of 1
Contract No.: PY08-CPS-85
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse to the Contractor,in consideration for the work and services performed,a
total amount not to exceed Three Thousand Six Hundred Dollars($3,600.00).
Expenses incurred by the Contractor,in association with said project prior to the term of this Agreement,are not
eligible Human Services expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event that said
funds, or any part thereof, become unavailable as determined by Human Services, Human Services may
immediately terminate this Contract or amend it accordingly.
2. Fees for Services
Human Services agrees to pay the Contractor at the rate of$75.00 per hour.
3. Submittal of Vouchers
Human Services agrees to:
a. Itemize monthly, all case record information regarding services authorized and received for service
recipients according to its prescribed voucher form.
b. Provide monthly the completed voucher to the Contractor for his/her review and certification.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were provided on the
date indicated and the charges made were pursuant to the terms and conditions of Exhibit A.
b. Return the signed prescribed voucher form to Human Services for payment.
Page 1 of 1
Contract No.:PY08-CPS-85
EXHIBIT C
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the
result of the execution of this Agreement.
2. Weld County,the Board of County Commissioners of Weld County, its officers and employees, shall not be
held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its employees,
volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify,
defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,
volunteers,and agents. The Contractor 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, the
Contractor shall provide Human Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,nor shall any portion of this Agreement be deemed to have treated a duty of
care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section,subsections,paragraph, sentence,clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties
hereto declare that they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections,
subsections,paragraphs, sentences, clauses,or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in,be
denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement.
8. The Contractor 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 the Contractor.
9. All such records,documents,communications,and other materials shall be the property of Human Services and
shall be maintained by the Contractor, in a central location and custodian, in behalf of Human Services, for a
period of three(3)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 three(3)year period,or if audit findings have not been resolved after a three(3)year period,
the materials shall be retained until the resolution of the audit finding.
Contract No.: PY08-CPS-85
Page 1 of3
10. The Contractor 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. The Contractor of Human Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid,by or on behalf of
the Contractor,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. The Contractor assures that it will fully comply with the Children's Code regulations promulgated,and all other
applicable federal and state laws,rules and regulations. The Contractor understands that the source of funds to
be used under this Agreement is: Human Services Funds.
14. The Contractor 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 of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,
or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this
certification; and
d. I lave not within a three-year period preceding this Agreement, had one or more public transactions
(federal, state, and local)terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services when the
Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order
to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of
these opposing interests. It is only necessary that the contractor know that the two relationships are in
opposition.
During the term of the Contract the Contractor 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,the Contractor shall submit to Human Services,a full disclosure statement setting forth the details that
Contract No.: PY08-CPS-85
Page 2 of 3
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 the
Contractor.
16. Contractor 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 Contractor shall be
disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor shall
have written policies governing access to,duplication and dissemination of,all such information. Contractor
shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality
requirements. Contractor shall provide its employees,agents,and subcontractors,if any,with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of its
customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2)that
which is in the public domain, or(3)that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Contract. Any proprietary information
removed from the State's site by the Contractor in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by the Contractor for similar information in the course
of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal
background record checks for all employees, contractors, and sub-contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.)8-17.5-101,et
seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor
represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through
participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security,and(b)otherwise will comply with the requirements of
C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an
investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor
fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Human Services may
terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Human
Services.
Except where exempted by federal law and except as provided in C.R.S.24-76.5-103(3),if Contractor receives
federal or state funds under this Contract,Contractor must confirm that any individual natural person eighteen
(18) years of age or older is lawfully present in the United States pursuant to C.R.S.24-76.5-103(4) if such
individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor,it
hereby swears or affirms under penalty of perjury that it(a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law,(b)shall produce one of the forms of identification
required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. 24-76.5-103 prior to the effective date of this Contract.
Contract No.: PY08-CPS-85
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND LARRY MATHEWS,M.D.
( ) Purchase of Psychiatric Consultation Agreement
( X) Purchase of Medical Consultation Agreement
( ) Purchase of Educational Consultation Agreement
Was this Agreement competitively procured?
( ) Yes Date Procured
(X )No (Attach Waiver of Competitive Procurement for Child Protection Agreements Form)
'>yyur`k'y,-'`,t I
This Agreement, made and entered into the 1 l., day of Beeemb&20D8, by and between the Board of
County Commissioners,on behalf of the Weld County Department of Human Services,hereinafter referred to as"Human
Services," and Larry Mathews, M.D.,hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS,the County of Weld, pursuant to the Weld County Home Rule Charter, has provided
Human Services fund resources for medical consultation to Weld County residents as identified by Human Services;and
WHEREAS,Human Services desires to enter into an agreement with the Contractor to assist Human Services in
providing medical consultations to the Child Protection Team.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
I. Terms
This Agreement shall become effective on January 1,2009,upon proper execution of this Agreement and will
expire December 31,2009. The Contractor agrees that time is essence in their performance of its obligations
under this Agreement, and that completion of the Project shall occur no later than the termination date of
December 31, 2009.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for child protection services in
compliance with Exhibit A "Scope of Services," a copy of which is attached and incorporated by reference.
Page 1 of 6
--3J3/
Contract No.: PY08-CPS-85
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"a copy of which is attached and
incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement,which will be paid from county
funds during the duration of this agreement.
b. The Contractor 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.
The Contractor 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
the Contractor.
Failure to submit monthly billings in accordance with the terms of this agreement shall result in the
Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to the Contractor 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. 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, the Contractor 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-128.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Contractor 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 the Contractor has failed to comply with the Financial
Management Requirements, program objectives,contractual terms, or reporting requirements.
Page 2 of 6
Contract No.: PY08-CPS-85
6. Assurances
The Contractor 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,the Contractor 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. The
Contractor 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.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with the
Colorado Department of Social Services or with the U.S.Department of Health and Human Services,Office for
Civil Rights.
8. Certifications
Contractor 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.
Page 3 of 6
Contract No.: PY08-CPS-85
9. Monitoring and Evaluation
The Contractor and Human Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by the Contractor and Human Services. The results of the monitoring and evaluation shall
be provided to the Board of Weld County Commissioners.
The Contractor shall permit Human Services,and any other duly authorized agent or governmental agency,to
monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary or appropriate, such program data,special analyses,on-site
checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
II. Remedies
The Director of Human Services or designee may exercise the following remedial actions should s/he find the
Contractor 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 the Contractor.
These remedial actions are as follows:
a. Withhold payment to the Contractor 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 the Contractor 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 the Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement or other
agreements between Human Services and the Contractor, or by Human Services 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):
Page 4 of 6
Contract No.: PY08-CPS-85
For Human Services: For the Contractor:
Mary Gill, SS Manager 2 Larry Mathews, M.D..
Name Title Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute
person(s)or address to whom such notices shall be sent:
To: Social Services To:
Judy A. Griego, Director Larry Mathews, M.D.
P.O. Box A 5489 South Morning Glory Lane
Greeley,CO 80632 Littleton, CO 80123-2944
14. Litigation
The Contractor shall promptly notify Human Services in the event that the Contractor learns of any actual
litigation in which it is a party defendant in a case,which involves services provided under this Agreement. The
Contractor,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.
14. Termination
This Agreement may be terminated at any time by either party given thirty (30) days written notice and is
subject to the availability of funding.
15. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties
with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 9
herein.
Page 5 of 6
Contract No.: PY08-CPS-85
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month,and year first
above written.
ATTEST:
Weld Cou Cl tip tiie BOARD OF COUNTY COMMISSIONERS
F' WELD COUNTY,COLORADO
:,
By: /� fir! -, � ,' �:.r '. By:
Depu Clerk to t e William H.Jerke,Chair
t) 1 2008
APPROVED AS TO FORM:
4.61.44. 4.4_a_ Q; CONTRACTOR
-Canty Atrney
By: f° .'!U_t'J „
Larry Matfews,M.D.
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES �.
By:
Judy A riego, D ector
Page 6 of 6
Contract No.: PY08-CPS-85
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Human Services administers a Child Protection Team which is an advisory multi-disciplinary team which was
formed to advise Human Services on specific child protection cases. The Contractor's participation on the
Child Protection Team partially fulfills Human Services' statutory responsibility of providing a multi-
disciplinary Child Protection Team.
The Contractor agrees to provide psychiatric consultation and interpretation of psychiatric dynamics related to
the cases staffed in the Child Protection Team in accordance to the policies and procedures provided by Human
Services.
The Contractor shall:
a. Attend a maximum of two Child Protection meetings per month,providing medical consultation on
three to four cases per meeting. Each meeting is two hours in duration. The meeting time, location,
and dates will be determined by Human Services. Human Services will assess monthly the number of
meetings to be attended by the Contractor. Human Services will notify the Contractor of such
schedule.
b. Provide consultation on crisis situations where a session is needed to meet the special needs of an
abused or neglected child.
2. Confidentiality
The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of child abuse and any
identifying information in those reports are strictly confidential.
3. Eligible Client Cases
Human Services shall be responsible for selecting cases to be reviewed and staffed by the Contractor.
Page 1 of 1
Contract No.: PY08-CPS-85
EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Human Services agrees to reimburse to the Contractor,in consideration for the work and services performed,a
total amount not to exceed Three Thousand Six Hundred Dollars($3,600.00).
Expenses incurred by the Contractor,in association with said project prior to the term of this Agreement,are not
eligible Human Services expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof In the event that said
funds, or any part thereof, become unavailable as determined by Human Services, Human Services may
immediately terminate this Contract or amend it accordingly.
2. Fees for Services
Human Services agrees to pay the Contractor at the rate of$75.00 per hour.
3. Submittal of Vouchers
Human Services agrees to:
a. Itemize monthly, all case record information regarding services authorized and received for service
recipients according to its prescribed voucher form.
b. Provide monthly the completed voucher to the Contractor for his/her review and certification.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were provided on the
date indicated and the charges made were pursuant to the terms and conditions of Exhibit A.
b. Return the signed prescribed voucher form to Human Services for payment.
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Contract No.: PY08-CPS-85
EXHIBIT C
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the
result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be
held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its employees,
volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify,
defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,
volunteers,and agents. The Contractor 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, the
Contractor shall provide Human Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,nor shall any portion of this Agreement be deemed to have treated a duty of
care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld,State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section,subsections, paragraph, sentence,clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties
hereto declare that they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections,
subsections,paragraphs, sentences,clauses, or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in,be
denied the benefits of,or be otherwise subjected to discrimination under this approved Agreement.
8. The Contractor 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 the Contractor.
9. All such records,documents,communications,and other materials shall be the property of Human Services and
shall be maintained by the Contractor, in a central location and custodian, in behalf of Human Services,for a
period of three(3)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 three(3)year period,or if audit findings have not been resolved after a three(3)year period,
the materials shall be retained until the resolution of the audit finding.
Contract No.: PY08-CPS-85
Page I of 3
10. The Contractor 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.
I I. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor of Human Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid,by or on behalf of
the Contractor,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. The Contractor assures that it will fully comply with the Children's Code regulations promulgated,and all other
applicable federal and state laws,rules and regulations. The Contractor understands that the source of funds to
be used under this Agreement is: Human Services Funds.
14. The Contractor 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 of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,
or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal,state,or local)with commission of any of the offenses enumerated in paragraph 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 a contractor with Human Services when the
Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order
to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of
these opposing interests. It is only necessary that the contractor know that the two relationships are in
opposition.
During the term of the Contract the Contractor 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,the Contractor shall submit to Human Services,a full disclosure statement setting forth the details that
Contract No.: PY08-CPS-85
Page 2 of 3
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 the
Contractor.
16. Contractor 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 Contractor shall be
disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor shall
have written policies governing access to, duplication and dissemination of,all such information. Contractor
shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality
requirements. Contractor shall provide its employees,agents,and subcontractors,if any,with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development,trade secrets, business affairs, internal operations and management procedures and those of its
customers,clients or affiliates,but does not include information(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 the Contractor in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by the Contractor for similar information in the course
of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal
background record checks for all employees, contractors, and sub-contractors.
I9. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.)8-17.5-101,et
seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor
represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through
participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security,and(b)otherwise will comply with the requirements of
C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an
investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor
fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Human Services may
terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Human
Services.
Except where exempted by federal law and except as provided in C.R.S.24-76.5-103(3),if Contractor receives
federal or state funds under this Contract,Contractor must confirm that any individual natural person eighteen
(18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such
individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor,it
hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law,(b)shall produce one of the forms of identification
required by C.R.S.24-76.5-101, et seq., and(c) shall produce one of the forms of identification required by
C.R.S.24-76.5-103 prior to the effective date of this Contract.
Contract No. 08-09-CPS-87
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND MARILYN NEIHART
This Agreement, made and entered into the 1st day of December,2008,by and between the Board of Weld
County Commissioners, sitting as the Board of Human Services,on behalf of the Weld County Department of
Human Services,hereinafter referred to as"Human Services,"and PROVIDER.
WITNESSETH
WHEREAS, required approval,clearance, and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS,the Colorado Department of Human Services has provided Child Welfare Regular
Administration funding to Human Services for supervisory support to child welfare supervisors; and
WHEREAS, PROVIDER is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
Term
This Agreement shall become effective on December I,2008, upon proper execution of this Agreement and
shall expire November 30, 2009, unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by PROVIDER to any person(s)eligible for services in compliance with Exhibit
A"Scope of Services,"a copy of which is attached by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"copies of which are
attached hereto and incorporated herein by reference.
"Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child
Welfare Regular Administration funds during the duration of this Agreement.
b. PROVIDER shall submit an itemized monthly bill to Human Services for all costs incurred and
services provided pursuant to Exhibit A of this Agreement in accordance with criteria established
by Human Services. PROVIDER shall submit all itemized monthly billings to Human Services no
later than the twenty-fifth (25)day of the month following the month the cost was incurred.
c. Payments of costs incurred pursuant to this Agreement are expressly contingent upon the
availability of Child Welfare Regular Administration funds to Human Services.
Page 1 of 5
O7O'-$/:
Contract No. 08-09-CPS-87
d. Human Services shall not be billed for,and reimbursement shall not be made for time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, PROVIDER shall
comply with the administrative requirements,cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under Child Welfare Regular Administration funding must conform to the Single Audit Act of
1984 and OMB Circular A-I33.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. PROVIDER shall provide proper monthly invoices and itemization of services performed for costs
incurred in the performance of the agreement.
b. Human Services may withhold any payment if PROVIDER has failed to comply with the Financial
Management Requirements,program objectives,contractual terms,or reporting requirements. In
the event of a forfeiture of reimbursements,PROVIDER may appeal such circumstance to the
Director of Human Services. The decision of the Director of Human Services shall be final.
6. Assurances
PROVIDER shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and
incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,PROVIDER shall strictly adhere to all applicable
federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,
papers,documents,tapes and any other materials that have been or may hereafter be established which
relate to the Contract. PROVIDER acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d-1 a seq.and its implementing
regulation,45 C.F.R.Part 80 a seq.'and
Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and
its implementing regulations,45 C.F.R. Part 84;and
- the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and
its implementation regulations,45 C.F.R. Part 91;and
Title VII of the Civil Rights Act of 1964;and
- the Age Discrimination in Employment Act of 1967;and
the Equal Pay Act of 1963;and
the Education Amendments of 1972;and
Immigration Reform and Control Act of 1986, P.L.99-603;
42 C.F.R. Part 2
and all regulations applicable to these laws prohibiting discrimination because of race,color,
Page 2 of 5
Contract No.08-09-CPS-87
National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)
or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited
above. If necessary,PROVIDER and Human Services will resist in judicial proceedings any efforts to
obtain access to client records except as permitted by 42 CFR Part 2.
Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that
small and minority businesses are utilized,when possible, as sources of supplies,equipment, construction
and services. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with
the Colorado Department of Human Services or with the U.S. Department of Health and Human Services,
Office for Civil Rights.
8. Certifications
PROVIDER certifies that,at the time of entering into this Contract,it has currently in effect all necessary
licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this
contract.
9. Monitoring and Evaluation
PROVIDER and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by PROVIDER and Human Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and PROVIDER.
PROVIDER shall permit Human Services,and any other duly authorized agent or governmental agency,to
monitor all activities conducted by PROVIDER pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary or appropriate,such program data, special analyses,on-
site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be
performed in a manner that will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Human Services or designee may exercise the following remedial actions should s/he find
PROVIDER substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to
satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by
PROVIDER. These remedial actions are as follows:
a. Withhold payment to PROVIDER until the necessary services or corrections in performance are
satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables,which have not been
performed and which due to circumstances caused by PROVIDER cannot be performed or if
performed would be of no value to the Human Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Human Services;
Page 3 of 5
Contract No.08-09-CPS-87
c. Incorrect payment to PROVIDER due to omission,error,fraud,and/or defalcation shall be recovered
from PROVIDER by deduction from subsequent payments under this Agreement or other agreements
between Human Services and PROVIDER,or by Human Services as a debt due to Human Services
or otherwise as provided by law.
12. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For Human Services:
Gloria Romansik Human Services Administrator
Name Title
For PROVIDER:
Marilyn Neihart Provider
Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Human Services To: PROVIDER
Judy A.Griego,Director Marilyn Neihart,L.C.S.W.
P.O.Box A 2277 10th Street SW
Greeley,CO 80632 Loveland,CO 80537
14. Litigation
PROVIDER shall promptly notify Human Services in the event that PROVIDER learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
PROVIDER,within five(5)calendar days after being served with a summons,complaint,or other pleading
which has been filed in any federal or state court or administrative agency,shall deliver copies of such
document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit
of creditors,and filings in bankruptcy,reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written notice and is
subject to the availability of funding. PROVIDER reserves the right to suspend services to clients if funding is
no longer available.
16. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as stated in
Paragraph 10 herein.
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Contract No.08-09-CPS-87
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
ATTEST: Ii '/�
WELD COUNTY BOAR OF COUNTY
CLERK TO THE BOARD I C ISSIONERS WELD
Y,COLORADO
By:
Deputy Clerk % William H.Jerke,Chair LCI, 0 1 2008
APPROVED AS TO FORM: PROVIDER
unty A omey Man Neih L.C.S.W.
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
Jud .Griego, erector
1
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Contract No. 08-09-C'S-87
EXHIBIT A
SCOPE OF SERVICES
A. Target/Eligible Population
The population to be served under this contract includes Child Welfare supervisors and caseworkers.
B. types of Services to he Provided
Services provided will include consultation, support, training, help with retreat planning,burnout,staff
morale, strategic planning, and personnel issues.
C. Service Time Frames
Services are not to exceed 20 hours per week.
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Contract No. 08-09-CPS-87
EXHIBIT B
PAYMENT SCHEDULE
Funding and Method ofPavment
Human Services agrees to reimburse PROVIDER in consideration for the work and services performed
under Child Welfare Regular Administration funding.
Expenses incurred by PROVIDER, in association with said project prior to the term of this agreement,are
not eligible I Iuman Services expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Child Welfare Regular Administration funds,whether in whole or in
part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration
funds for the purposes hereof In the event that said funds, or any part thereof, become unavailable as
determined by I human Services, Human Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
$67.00 per hour not to exceed 20 hours per week.
3. Submittal of Vouchers
PROVIDER shall prepare and submit monthly the itemized voucher and certify that the services authorized
were provided on the date indicated and the charges made were pursuant to the terms and conditions of
Exhibit A.
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Contract No.08-09-CPS-87
EXHIBIT C
ASSURANCES
1. PROVIDER agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as
the result of the execution of this Agreement.
2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be
held liable for injuries or damages caused by any negligent acts or omissions of PROVIDER-contracted
providers or its employees,volunteers,or agents while performing duties as described in this Agreement.
PROVIDER shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners
of Weld County, its employees,volunteers,and agents. PROVIDER shall provide adequate liability and
worker's compensation insurance for ail its employees,volunteers,and agents engaged in the performance
of the Agreement upon request,PROVIDER shall provide Human Services with the acceptable evidence
that such coverage is in effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a
duty of care with respect to any persons not a party of this Agreement.
4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section,subsections,paragraph,sentence,clause,or phrase of this Contract is for any reason held or
decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Contract and each and every section,
subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more
sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or
invalid.
6. No officer,member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof.
7. PROVIDER assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in,
be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract.
8. PROVIDER assures that sufficient,auditable,and otherwise adequate records that will provide accurate,
current,separate,and complete disclosure of the status of the funds received under the Contract are
maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient
to allow authorized local,Federal,and State auditors,and representatives to audit and monitor PROVIDER.
9. All such records,documents,communications,and other materials shall be the property of Human Services
and shall be maintained by PROVIDER,in a central location and custodian, in behalf of Human Services,
for a period of four(4)years from the date of final payment under this Contract,or for such further period
as may be necessary to resolve any matters which may be pending,or until an audit has been completed
with the following qualifications: If an audit by or on behalf of the federal and/or state government has
begun but is not completed at the end of the four(4)year period,or if audit findings have not been resolved
after a four(4)year period,the materials shall be retained until the resolution of the audit finding.
10. PROVIDER 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
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Contract No.08-09-CPS-87
through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance
with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the
performance of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and
assigns. PROVIDER or Human Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of
PROVIDER,to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any federal grant,the making of any
federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,
amendment,or modification of any Federal contract, loan, grant,or cooperative agreement.
13. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER
understands that the source of funds to be used under this Contract is Child Welfare Regular Administration
funds.
14. PROVIDER assures and certifies that it and its principals:
a. Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily
excluded from covered transaction by a federal department of agency.
b. Have not,within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false
statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of
this certification;and
d. Have not within a three-year period preceding this Contract,had one or more public transactions
(federal,state,and local)terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services
when the contractor also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor
to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the
two relationships are in opposition. During the term of the Contract,PROVIDER shall not enter any third
party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing
appearance of a conflict of interest situation,PROVIDER shall submit to Human Services,a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly
submit a disclosure statement required by this paragraph shall constitute grounds for Human Services'
termination,for cause,of its contract with PROVIDER.
16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained
in accordance with this Contract. Except for purposes directly connected with the administration of Child
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Contract No. 08-09-CPS-87
Protection,no information about or obtained from any applicant/recipient in possession of PROVIDER
shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless
in accordance with PROVIDER written policies governing access to,duplication and dissemination of,all
such information. PROVIDER shall advise its employees,agents,and subcontractor,if any,that they are
subject to these confidentiality requirements. PROVIDER shall provide its employees, agents,and
subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access
to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development,trade secrets,business affairs, internal operations and management procedures and those of its
customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2)
that which is in the public domain,or(3)that which is developed independently. Neither party shall use or
disclose directly or indirectly without prior written authorization any proprietary information concerning the
other party obtained as a result of this Contract. Any proprietary information removed from the State's site
by PROVIDER in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by PROVIDER for similar information in the course of its own business.
18. PROVIDER certifies that s/he will abide by Colorado Revised Statute(C.R.S.)26-6-104,requiring criminal
background checks for all employees,contractors,and sub-contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-
101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any
illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by
the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply
with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests
made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and
Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et
seq., Human Services may terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to Human Services.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor
receives federal or state funds under this Contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-
76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of
the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract.
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