HomeMy WebLinkAbout20020866.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN -AIMS COMMUNITY COLLEGE
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 Child Protection Agreement 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 Social Services, and Aims
Community College, commencing March 1, 2002, and ending May 31, 2002, 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 Child Protection
Agreement 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 Social
Services, and Aims Community College 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 8th day of April, A.D., 2002, nunc pro tunc March 1, 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ATTEST: ��'//��/�/ GfV '.aad, hai9
r
Weld .unty Clerk to the Board ' i
David E Long, Pro- e ' .I
CI the Board
O 'kV M. J. Geile
f►;.( .���ilr
m H Jerke
ounty Attor ey
Robert D. Masden
Date of signature: Y A..2
2002-0866
SS0029
C. c35', 4 i to s
Contract No. 02-CPS-20
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND AIMS COMMUNITY COLLEGE
This Agreement, made and entered into the 8th day of March, 2002, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Social
Services, hereinafter referred to as "Social Services," and Aims Community College, hereinafter
referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance, and coordination have been accomplished
from and with appropriate agencies; and
WHEREAS, the County of Weld, pursuant to the Weld County Home Rule Charter, has
provided Social Services funding resources for training/instruction services for Weld County
Certified Foster Parents, as identified by Social Services; and
WHEREAS, the Colorado Department of Human Services has provided Child Welfare
Regular Administration funds; and
WHEREAS, Social Services and the Contractor desire to enter into an agreement to
provide training/instruction for Weld County Certified Foster Parents and educational services
associated therewith;
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term
This Agreement shall become effective on March 1, 2002, upon proper execution of this
Agreement and shall expire May 31, 2002.
2. Scope of Services
Services shall be provided by the Contractor to Weld County Certified Foster Parents 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," a copy of
which is attached and incorporated by reference.
"Payment Schedule" shall establish the maximum reimbursement, which will be
paid from Child Welfare Regular Administrative funds during the duration of this
Agreement.
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Contract No. 02-CPS-20
b. The Contractor shall submit an itemized monthly bill to Social Services for all
costs incurred and services provided pursuant to Exhibit A of this Agreement in
accordance with criteria established by Social Services. The Contractor shall
submit all itemized monthly billings to Social Services no later than the twenty-
fifth (25) day of the month following the month the cost was incurred.
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. In the event of a forfeiture of reimbursement, the Contractor may
appeal such circumstance to the Director of Social Services. The decision of the
Director of Social Services shall be final.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent
upon the availability of Child Welfare Regular Administrative funds to Social
Services.
d. Social 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 Family Issues Cash
Fund 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 this agreement.
b. Social Services may withhold any payment if the Contractor has failed to comply
with the Financial Management Requirements, program objectives, contractual
terms, or reporting requirements. In the event of a forfeiture of reimbursement,
the Contractor may appeal such circumstance to the Director of Social Services.
The decision of the Director of Social Services shall be final.
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.
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Contract No. 02-CPS-20
7. Compliance with Applicable I aws
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 e1. 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 el. 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;
42 C.F.R. Part 2
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 Human Services or with the U.S.
Department of Health and Human Services, Office for Civil Rights.
8. Certifications
The 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.
9. Monitoring and Evaluation
The Contractor and Social Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Contractor and Social Services.
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Contract No. 02-CPS-20
The results of the monitoring and evaluation shall be provided to the Board of Weld
County Commissioners and the Contractor's Board.
The Contractor shall permit Social 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.
11. Remedies
The Director of Social 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 in action 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
Social Services. Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social 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 Social 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):
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Contract No. 02-CPS-20
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
Aims Community College:
Brenda Beckman Interim President
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 which such notices
shall be sent:
To: Social Services To: Aims Community College
Judy A. Griego. Director Brenda Beckman, Interim President
P,O. Box A 5401 W. 20'h Street
Greeley. CO 80632 Greeley. CO 80634
14. Litigation
The Contractor shall promptly notify Social 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 Social 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.
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. 02-CPS-20
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST: L tied
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�� � ►�►! Y BOARD OF COUNTY COMMISSIONERS
E BOARD WELD COUNTY, COLORADO
1861
.;��;• iii /,� , 4lit,})
� By:
�OClerk GlennVaad, CLar.i(a4/08/2002)
APP,i VED AS TO FORM:
1
Co t ttorney
VELD COUNTY DEPARTMENT AIMS COMMUNITY COLLEGE
OF SOCIAL SERVICES
By: By:
y A. riego, 'recto Brenda Beckman, Interim President
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Contract No. 02-CPS-20
EXHIBIT A
SCOPE OF SERVICES
1. Target/Eligible Population
The program will serve a maximum of Fifty (50) Weld County Certified Foster Parents.
2. Types of Services to be Provided
Training/instruction shall be provided by the Contractor through regularly scheduled
courses appropriate to the professional growth and functions of Weld County Certified
Foster Parents and shall be paid by voucher from Social Services to the Contractor.
Books or other printed material associated with Foster Parent coursework shall be paid by
voucher through the Aims Community College Bookstore.
A. Fee Schedule
Social Services agrees to pay the Contractor at the tuition rate of Thirty-seven
Dollars ($37) per quarter hour for regularly scheduled courses approved by Social
Services.
B. Service Objectives
1) Improve parenting skills.
2) Increase knowledge of child development and understanding of special
needs children.
C. Measurable Outcomes
Increased knowledge of child development and family functions.
Improved skills for parenting special needs children.
3. 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.
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Contract No. 02-CPS-20
EXHIBIT B
PAYMENT SCHEDULE
1. Fee Schedule
Weld County Department of Social Services agrees to reimburse to the Contractor, in
consideration for the work and services performed, a total not to exceed Three Thousand
Dollars ($3,000.00) during the contract period from March 1, 2002, to May 31, 2002. In
consideration of the educational material costs through the Aims Bookstore associated
with the approved courses, Social Services agrees to reimburse the Contractor a total not
to exceed Five Hundred Dollars ($500) during the same time period.
Payment pursuant to this Contract, if Child Welfare Regular Administrative funds,
whether in whole or in part, is subject to and contingent upon the continuing availability
of Child Welfare Regular Administrative funds for the purpose hereof. In the event that
said funds, or any part thereof,become unavailable as determined by Social Services,
Social Services may immediately terminate this Contract or amend it accordingly.
Expenses incurred by the Contractor, in association with said project prior to the term of
this agreement, are not eligible Social Services expenditures and shall not be reimbursed
by Social Services.
Social Service referrals will not be sent to collections by the Contractor for default of co-
pay/fees. Services will be performed regardless of client's refusal or inability to pay co-
pay.
The Contractor will collect any applicable sliding scale co-pays and credit Social Services
for any payments received on the monthly billing statements.
2. Fees for Services
Social Services agrees to pay the Contractor at the rate of Thirty-seven Dollars ($37) per
quarter hour of course instruction.
Registration for courses will be completed only upon receipt by the Contractor of a
voucher approving courses on behalf of Foster Parents by Social Services. An additional
voucher will be provided for any costs for printed material associated with course work
approved by Social Services.
3. Submittal of Vouchers
The Contractor shall prepare and submit monthly the itemized voucher and certify
through signed client verifications that the services authorized were provided on the date
indicated and the charges made were pursuant to the terms and conditions of Exhibit A.
The signed verification shall include the date and hour(s) of service and client signature
verifying the service, and shall be submitted with the itemized voucher.
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Contract No. 02-CPS-20
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 the Contractor or its employees, volunteers, or agents while performing
duties as described in this Agreement. The 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 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 to 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 effect 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. 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 Contract.
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 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 the Contractor.
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Contract No. 02-CPS-20
9. All such records, documents, communications, and other materials shall be the property
of Social Services and shall be maintained by the Contractor, in a central location and
custodian, in behalf of Social 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.
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 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. The Contractor or Social 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 Contract is: Child
Welfare Regular Administrative 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,
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Contract No. 02-CPS-20
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
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, 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 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 the Contractor.
16. The 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 the Contractor shall be disclosed in
a form identifiable with the applicant/recipient or a minor's parent or guardian. The
Contractor shall have written policies governing access to, duplication and dissemination
of, all such information. The Contractor shall advise its employees, agents and
subcontractors, if any, that they are subject to these confidentiality requirements. The
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.
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(it 44.4
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
111 D 1 C. WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
COLORADO MEMORANDUM
TO: Glenn Vaad, Chair Date: April 3, 2002
Board of County Commissioners
U,MFR: Judy A. Griego, Director, Social Services, ,✓.✓.; C�
RE: Child Protection Agreement for Services Between the Weld
County Department of Social Services and Aims Community
College
Enclosed for Board approval is a Child Protection Agreement for Services between the
Weld County Department of Social Services and Aims Community College. This
Agreement was discussed in a Work Session with the Board on March 18, 2002.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is March 1, 2002 through May 31, 2002.
2. The Department agrees to reimburse Aims:
A. A maximum of$3,000 at a rate of$37 per quarter hour of course
instruction.
B. A maximum of$500 for educational material costs.
3. Aims Community College agrees to serve a maximum of 50 Weld County
Certified Foster Care Parents by providing training instruction so Foster Parents
can obtain or maintain their certification as Foster Parents.
If you have any questions, please telephone me at extension 6510.
2002-0866
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