HomeMy WebLinkAbout20081480.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR INTERAGENCY OVERSIGHT
GROUP EVALUATION PROJECT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Purchase of Services Agreement for the
Interagency Oversight Group Evaluation Project among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Social Services, the Weld County Interagency Oversight Group, and the University of Northern
Colorado, commencing June 1, 2008, and ending September 30, 2008, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Board of Social Services, that the Purchase of Services Agreement
for Interagency Oversight Group Evaluation Project among the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Social Services, the Weld County Interagency Oversight Group, and the University of Northern
Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /, ,��'I/G'�•
�7�,
I x= Iliam H. Jerke, Chair
Weld County Clerk t=`f11 a
A kip
Robert Ds Maspen, Pro-Tem
BY:
Deputy Cler to the Board" , L K
Wil • F. Garcia
APP VE AS C OL
� � David E. Long
ou ty orney �--- a
C grJ`�w
ouglas f� demacher
Date of signature: Zan
2008-1480
SS0035
�'a `>S C yc uS UMQCo) 611 /Cel
Sponsored Programs and Academic
Research Center
Transmittal Form
May 14, 2008
Agency Submitted: Kelly Schram
Interagency Oversight Group of Weld County
2835 W. 10th Street
Greeley, CO 80634
Contract or Grant Number: Purchase of Services Agreement
Modification or Supplement Number:
Number of Copies Enclosed: Seven (7)
XX We are retaining the advance or machine copy with the understanding that Two (2) fully
executed original of each amendment will be forwarded at a later date.
Return Exhibit C with signed originals.
Sign all copies and return to the address listed below. A fully executed copy will be
sent to you at a later date.
Original for your files.
Special Comments:
All correspondence concerning this contract or grant should be directed to:
Mona Castor
Sponsored Programs & Academic Research Center
University of Northern Colorado
Kepner 25, CB 143
Greeley, CO 80639
(970) 351-1912
FAX: (970) 351-1934
E-mail: mona.castor@unco.edu
2008-1480
INTERAGENCY OVERSIGHT GROUP EVALUATION PROJECT
PURCHASE OF SERVICES AGREEMENT
a
THIS AGREEMENT is made and entered into this /9-day of May, 2008, by and
between the Board of County Commissioners of the County of Weld, State of Colorado,
sitting on behalf of the Weld County Department of Social Services, hereinafter referred
to as "Social Services"; Weld County Interagency Oversight Group hereinafter referred
to as "IOG"; and the State of Colorado by and on behalf of the Board of Trustees of the
University of Northern Colorado, hereinafter referred to as "UNC".
WITNESSETH:
WHEREAS, the IOG has developed a Memorandum of Understanding under the
requirements of C.R.S. § 24-1.9-101 et seq, Collaborative Management of Multi-Agency
Services Provided to Child and Families, which is renewed annually; and
WHEREAS, the IOG wishes to evaluate its activities associated with House Bill
1451 — Collaborative Management of Multi-Agency Services Provided to Children and
Families (hereinafter referred to as "HB 1451"); and
WHEREAS, UNC has expertise in evaluation, and desires to assist the IOG in the
IOG's evaluation efforts; and
WHEREAS, the IOG has previously contracted with UNC for its evaluation
services and has found those services to be beneficial; and
WHEREAS, the IOG and UNC agree that UNC's services are needed to (1)
evaluate the IOG's service delivery outcomes, (2) assist the IOG in developing systems
that make the monitoring of IOG's delivery of services possible, and (3) complete reports
required by HB 1451; and
WHEREAS, Social Services acts as IOG's fiscal agent.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
1. TERM: The term of this Agreement shall be from June 1, 2008 through
September 30, 2008.
2. SERVICES PROVIDED BY UNC:
A. UNC agrees to evaluate the collaborative management process as
defined under the IOG's Memorandum of Understanding and according to
a program evaluation proposal, as set forth attached in Exhibit A. UNC
o%%f /ne
acknowledges that it has been provided a copy of the IOG's Memorandum
of Understanding
B. UNC agrees to provide status reports to the IOG, as requested
C. UNC, in collaboration with the partners, will execute the
evaluation process using the highest standards of scientific research
regarding the selection of instruments, data collection, methods and
statistical analyses.
D. UNC will provide the appropriate level of qualified FTE and
qualified staff that meet the qualifications required by the evaluation
project design and implementation, to meet project outcomes.
E. UNC, as the evaluator of the IOG's activities associated with HB
1451, agrees to govern its research evaluation with the highest standards
of scientific research regarding the selection of instruments, data
collection, methods and statistical analyses.
F. UNC agrees to actively participate with the IOG in the resolution
of problems and issues during the evaluation.
3. COMPENSATION: The IOG, through Social Services as its fiscal agent,
agrees to pay UNC for its professional evaluation services pursuant to the
Agreement, a sum of Twenty-Seven Thousand, Five Hundred Twelve Dollars and
no/I00 ($27,512.00) according to the budget as set forth below:
Personnel* Costs
Principal Investigator(David Musick, Ph.D.) $13,507
Total FIE = .14 plus benefits @ 23.8% (4 months)
Interviewer/Research Assistant (GA) (4 months) $9,122
June 1, 2008 through September 30, 2008
Total FTE= Stipend and tuition in lieu of wages
in accordance with university policy
Total Personnel $22,629
Supplies
Office Supplies and Equipment 1,307
Printing/Copying/Postage 1,075
Total Supplies $2,382
SUBTOTAL $25,011
INDIRECT COSTS (10%)* $2,501
TOTAL $27,512
*UNC will incur the costs for the difference between
UNC's federally negotiated rate of 39.1% of Modified Total
Direct Costs and 10% Total Direct Costs used for this
project.
* Personnel costs are above academic year salary
A. In order for UNC to provide the services, and produce the deliverables,
described in this proposal, all IOG partners must commit to (1) helping to develop a
master list of all children (by name and birth date) who are identified by the following
IOG partner agencies as qualifying for inclusion in the target population: The Weld
County Department of Social Services (DSS) will identify all Children who are placed
out of their homes in placements that are not located in Weld County; The Juvenile
Assessment Center and the MYAT program (Through DSS) will identify all youth who
they serve that are (1) Arrested by police but not detained at DYC, including diverted and
no-file cases and youth who are appropriate for prevention or early intervention efforts;
(2)Truants;(3) Abusing alcohol and/or drugs; (4) Expelled and/or suspended from school;
and (5) Beyond the control of their parents, guardians/care givers. The Weld County
District Attorney's Office will identify all youth are served through their Juvenile
Diversion and Truancy Diversion Programs; and (2) providing, in a timely manner so that
the deadlines for the deliverable are met, all data for specified target population children
necessary to produce outcome information for IOG evaluation reports.
B. UNC shall submit an itemized monthly bill according to proper invoices to
the IOG for all costs incurred and services provided pursuant to this Agreement in
accordance with criteria established by the IOG. UNC shall submit all itemized monthly
billings to the IOG 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 Incentive Funds of the IOG.
D. IOG may withhold any payment if UNC has failed to comply with the
Financial Management Requirements, Project objectives, contractual terms, or reporting
requirements. Parties agree to mediate such disputes. If mediation does not resolve the
dispute, either party may seek judicial remedies.
E. The parties agree that the service rate as contemplated herein shall
constitute the entire amount of compensation due to UNC for any work performed
hereunder.
4. ASSURANCES: UNC shall abide by the Assurances of Social Services, as
attached as Exhibit B.
5. TERMINATION: Either party may terminate this Agreement at any time by
providing the other party with a 10-day written notice thereof. Furthermore, this
Agreement may be terminated at any time without notice upon a material breach of the
terms of the Agreement. If this agreement is terminated, UNC will be reimbursed for all
uncancellable obligations.
6. TIME OF THE ESSENCE: Time is of the essence in each and all of the
provisions of this Agreement.
7. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement including
Exhibits A and B constitute the entire understanding between the parties with respect to
the promises and covenants made therein. No modification of the terms of this
Agreement shall be valid unless made in writing and agreed to by both parties.
8. NON-APPROPRIATION: No portion of this Agreement shall be deemed to
create an obligation on the part of Social Services to expend funds not otherwise
appropriated in each succeeding year.
9. FORCE MAJEURE: Neither 1OG nor UNC shall be liable to the other for a
delay in, or failure of performance of, any covenant or promise contained in this
Agreement, nor shall any delay or failure constitute default or give rise to any liability for
damages, if, and only to the extent that, such delay or failure is caused by "force
majeure". As used in this agreement, "force majeure: means act of God; acts of the
public enemy; acts of the State and any governmental entity in its sovereign or
contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other
labor disputes; freight embargoes; or unusually sever weather.
10. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of
this Agreement shall be deemed to constitute a waiver of any immunities of Social
Services or its officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care with respect to any persons other
than Social Services and not a party to this Agreement.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
12. CONFIDENTIAL INFORMATION: Most of the information and/or data
which is the subject of this Agreement is highly confidential, as it deals with personal and
family information for which Social Services and IOG are responsible. These entities are
charged with protecting the privacy rights of the individuals and families involved.
Therefore, UNC agrees that it will not disclose any information provided to it during the
course of this project, nor will it disclose any of the reports, based upon said information,
which are generated by UNC,to any third party without first obtaining the written
consent of Social Services and TOG, or unless required to do so by law or court order.
Notwithstanding anything herein to the contrary, no term or condition of this
agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the "Colorado
Governmental Immunity Act". C.R.S. § 24-10-101, et seq., as now or hereafter amended.
The parties understand and agree that the liability of UNC for claims for injuries to
persons or property arising out of negligence of the State of Colorado, its departments,
institutions, agencies, boards, officials and employees is controlled and limited by the
provisions of C.R.S. § 24-10-101. et seq., as nor or hereafter amended. Any liability of
UNC created under any other provisions of this subcontract, whether or not incorporated
herein by reference, shall be controlled by, limited to and otherwise modified so as to
conform to, the above cited law.
IN WITNESS WHEREOF, the parties hereto have signed the date and year set
forth above.
ATTEST: '>�� BOARD OF COUNTY
CLERK TO THE BOA�• C`� E L COMMISSIONERS OF WELD
COUNTY COMMISS �► COUNTY, COLORADO, SITTING
' v. $ � ON BEHALF OF THE WELD
1861
61
kTTESTING TO BOARD OF COON II COUNTY DEPARTMENT OF
COMMISSIONER SIGNATURES ON li SOCIAL SERVICES
r
, MAY 1 9 2006
BY: /7'x/72 " < < 7/ e' By `'La 1 4--"L-1..i
Deputy CI`rk to the Board Date William H. Jerke, Chair Date
APPROVED BY:
WELD COUNTY INTERAGENCY OVERSIGHT GROUP
(4/4,1—e Aga .5-- °Zd - dg
Wayne Maxwell, Chair Date
The State of Colorado by and on the behalf of Board of Trustees of the
UNIVERSITY OF NORTHERN COLORADO
6 / \)(tit; 2 ) / >/V/
El ine Quam, E ecuti Assistant to the President Date
gli,1 i - c//3/(r
Robbyn W'foI er Date
Assistant VP for Researc
�� ,I.; iy 0
Ron . L ambde , General Counsel/Special Date
Assistant Atto2rey General
7
EXHIBIT A
SCOPE OF THE PROJECT
The University of Northern Colorado (UNC) agrees to evaluate the Interagency
Oversight Group of Weld County in evaluating the activities associated with House Bill
1451 — Collaborative Management of Multi-Agency Services Provided to Children and
Families by providing the following:
1. Evaluation of the service delivery outcomes
Track number of children and families served and the type of services provided
Quality and effectiveness of services provided to children and families
2. Assist the IOG in developing systems that make possible monitoring of the following:
Change in duplication and elimination of service fragmentation
Extent of cost-sharing and cost-shifting among service providers
Characteristics of collaborative interaction among members
3. Completion of reports required by HB 1451.
UNC, in-collaboration with the partners, will execute the evaluation process using the
highest standards of scientific research regarding the selection of instruments, data
collection, methods and statistical analyses.
UNC will provide the appropriate level of qualified staff to implement the evaluation
design.
DETAILED SERVICES PROVIDED
• Help the IOG develop the 2008/2009 Memorandum of Understanding (MOU)
❖ Acquire baseline and outcome data for the IOG 2007/2008 Annual Outcomes
Report
❖ Develop and write the IOG 2007/2008 Annual Outcomes Report
• Develop a master list (names and birthdates), across all partner agencies, of
children in the target population who are receiving services from at least one
partner agency
4• Provide assistance to IOG Executive Director as requested in all areas of IOG
activities, outcomes assessments and satisfaction surveys
• Provide assistance to IOG Partners in designing cost data collection system
• Assist IOG partners in design and implementation of 3t Systems software system,
in order to maximize its utility
DELIVERABLES
❖ 2007/2008 Annual Outcomes Report
2008 Satisfaction Survey Report
UNC CONTACTS
Dr. Robbyn Wacker
Assistant Vice President for Research
970-351-1582
robbyn.wacker@unco.edu
Dr. David Musick
Professor
Department of Sociology
970-351-2542
david.musick@unco.edu
EXHIBIT B
ASSURANCES
1. UNC 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. Each party represents that it is responsible for the negligent acts or omissions of its employees
and agents in the fulfillment of duties under this Purchase of Services Agreement. UNC shall
provide adequate liability and worker's compensation insurance for all its employees, volunteers,
and agents engaged in the performance of the Agreement and, upon request,UNC shall provide
Social 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, nor 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. UNC 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. UNC 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, and State auditors, and representatives to audit and
monitor UNC.
9. All non-financial records,documents, communications, and other materials related to this project
shall be the property of Social Services and shall be maintained by UNC, in a central location and
custodian, in behalf of Social 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 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)
Page 1 of 3
year period,the materials shall be retained until the resolution of the audit finding.
10. UNC assures that authorized local and state auditors and representatives shall, during business
hours and following sufficient notice, 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 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. UNC or Social Services may not assign any of its rights or
obligations hereunder without the prior written consent of both parties.
12. UNC assures that it will fully comply with all other applicable federal and state laws. UNC
understands that the source of funds to be used under this Contract is Incentive Funds of the IOG.
13. UNC assures and certifies that it and its principals:
a. 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;
b. 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 13(b) of this certification; and
c. 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.
14. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social
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, UNC 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, UNC shall submit to Social 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 Social Services' termination, for
cause, of its contract with UNC.
15. UNC shall protect the confidentiality of all records and other materials that are maintained in
accordance with this Contract. Except for purposes directly connected with the administration of
Child Protection, no information about or obtained from any applicant/recipient/governmental
Page 2 of 3
agency which is in the possession of UNC as a result of this contract shall be disclosed to any
third party without the written consent of Social Services and IOG or an Order issued by a Court
of competent jurisdiction. UNC shall advise its employees, agents, and subcontractor, if any, that
they are subject to these confidentiality requirements. UNC 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.
16. UNC 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.
17. UNC certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-
17.5-101, et seq. UNC 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 UNC
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract. UNC 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). UNC 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 UNC fails
to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Social Services
may terminate this Contract for breach.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if UNC
receives federal or state funds under this Contract, UNC 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.
Page 3 of 3
MEMORANDUM
TO: William H. Jerke, Chair Date: May 19, 2008
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services
RE: Interagency Oversight Group Evaluation Project
Purchase of Services Agreement
Enclosed for Board approval is an Interagency Oversight Group Evaluation Project Purchase of
Services Agreement among the Weld County Department of Social Services, the Weld County
Interagency Oversight Group(IOG), and the University of Northern Colorado (UNC).
1. The Weld County Interagency Oversight Group under HB04-1451 wishes to continue
with Agreement with the University of Northern Colorado for purposes of evaluating its
collaborative management processes.
2. Because the Department is the IOG's fiscal agent,the Department needs Board approval
to disburse funds on behalf of the IOG.
3. The IOG wishes to pay UNC a sum of$27,512 for a period beginning June 1, 2008
through September 30, 2008. The source of funds is the IOG Incentive Fund.
If you have any questions,please contact me.
x,08- 1490
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