HomeMy WebLinkAbout20051204.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - LITTLER CENTER
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 Littler Center,
commencing April 1, 2005, and ending May 31, 2005, 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 Littler Center
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 18th day of April, A.D., 2005, nunc pro tunc April 1, 2005.
BOARD OF COUNTY COMMISSIONERS
4 EILa WELD COUNTY, COLORADO
1861 1 ; William H. J-ye, Chair
E W Id Clerk to the Board
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Date of signature: _≤ 5-
2005-1204
SS0032
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d, DEPARTMENT OF SOCIAL SERVICES
re t P.O. BOX A
GREELEY, CO. 80632
Website: www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
WIIDc
COLORADO MEMORANDUM
TO: William H. Jerke, Chair Date: April 13,2005
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services ��
iti
RE: Child Protection Agreement for Services Between the
Weld County Department of Social Services and Littler
Center
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services(Department) and Littler Center. This Agreement was
reviewed at the Board's Work Session of April 4, 2005.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is April 1,2005 through May 31, 2005.
2. The source of funding is Core Services funding or Child Welfare Administration.
3. Littler Center will provide respite care for up to two sessions per month in support of
foster parents involved in the Specialized Foster Care Program. The Specialized Foster
Care Program provides services, through foster parents, to children or youth who are
stepping down from or as an alternative to Residential Treatment Center Care.
4. The Department agrees to reimburse Littler Center at a rate of$85 per session.
If you have any questions, please feel free to ask me.
2005-1204
Contract No. 05-CPS-46
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND LITTLER CENTER
This Agreement, made and entered into the day of April 2005,by and between the Board of Weld
County Commissioners, sifting as the Board of Social Services,on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and the Littler Center,hereinafter referred to as"Littler".
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 or Core Service funding to Social Services for respite care for county foster care providers;and
WHEREAS, Social Services requires intensive respite unpaid through Specialized Foster Care Program,
developed for children and youth with severe emotional and behavioral problems; and
WHEREAS, Littler is a for-profit Sole-Proprietor and has the expertise and capacity to provide respite care
for those children and youth under the Specialized Foster Care Program.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on April 1,2005,upon proper execution of this Agreement and shall
expire May 31, 2005,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Littler to any person(s)eligible for child protection 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,"copy 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 6i Core Services funds during the duration of this Agreement.
b. Littler 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. Littler 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.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability
of Child Welfare Regular Administration or Core Services funds to Social Services.
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Contract No. 05-CPS-46
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,Littler 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-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Littler shall provide proper monthly invoices and itemization of services performed for costs incurred
in the performance of the agreement.
b. Social Services may withhold any payment if Littler has failed to comply with the Financial
Management Requirements,program objectives, contractual terms, or reporting requirements. In
the event of a forfeiture of reimbursements,Littler may appeal such circumstance to the Director of
Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
Littler shall abide by all assurances as set forth in the attached Exhibit D,which is attached hereto and
incorporated herein by reference.
7. Compliance with Applicable T aws
At all times during the performance of this contract, Littler 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. Littler acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 eL 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 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,
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Contract No. 05-CPS-46
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,Littler and Social 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
Littler 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 Fvahration
Littler and Social Services agree that monitoring and evaluation of the performance of this Agreement shall
be conducted by Littler and Social Services. The results of the monitoring and evaluation shall be provided
to the Board of Weld County Commissioners and Littler.
Littler shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor
all activities conducted by Littler 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
Littler 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 Littler.
These remedial actions are as follows:
a. Withhold payment to Littler 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 Littler 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 Littler due to omission,error,fraud,and/or defalcation shall be recovered
from Littler by deduction from subsequent payments under this Agreement or other agreements
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Contract No. 05-CPS-46
between Social Services and Littler,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):
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
For Littler:
Sandy Atwood Program Director
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: Littler Center
Ludy A Griego Director Sandy Atwood
P O Box A 9350 3rd Street Road
Greeley CO 20617 Greeley,CO 20611
14. l.itipytion
Littler shall promptly notify Social Services in the event that Littler learns of any actual litigation in which it
is a party defendant in a case that involves services provided under this Agreement. Littler,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. Littler reserves the right to suspend services to clients if funding is no
longer available.
16. Fntire 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. 05-CPS-46
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
v 'EL TY BOARD OF COUNTY
MI (,,,::C‘ E BOARD COMMISSIONERS WELD
c. , COUNTY,COLORADO / ,
6�r�RX�y .4,‘�//�� Las, By: �C \ �� I ' p
(i�A� ety Clerk William H.Jerke,Chair A AN 1 q21J4
O AST •
OLITTLE NTER /
BY / ‘,..._. 5./a '
ounty Attorney d Atwood
Program Director
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Diree r
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, OOS—/ioy
Contract No. 05-CPS-46
EXHIBIT A
SCOPE OF SERVICES
1. Project Description•
Littler will provide respite services,on the weekends, for Weld County children that are placed in
the Specialized Foster Care Program, administered by Social Services. Littler will be given at least
3-4 days notice prior to providing this service.
2. Type of Services to he provided•
a. Supervision: Littler will provide 24-jours physical care and supervision of each child
and maintain approved standards of childcare as set by the State Department of Human
Services. This supervision will meet the basic and special needs of the children.
b. Food and Shelter: Littler will provide scheduled and appropriate meals for the children
while in the care of Littler. Littler will provide appropriate and adequate shelter for the
children including appropriate sleeping arrangements.
c. Transportation: Littler will provide transportation as needed for emergency medical
situations or any other situation that may require transportation of the child while under
the care and supervision of Littler.
d. Confidentiality: Littler will keep confidential,the information shred about the child and
his/her family and in accordance with applicable Federal and State statutes and rules.
3. Program Standards•
Littler's respite services will be measured by its ability to:
a. Safely maintain and transition a child from their foster home to Littler and back to the
foster home,without disrupting their foster home placement.
b. Assist in the reduction in the number of children entering RTC placement.
c. Assist in the increase in the number of children experiencing an early discharge from
RTC programs.
d. Assist in the retention of foster parents involved in the program.
e. An evaluation of each placement,with consideration to:
The quality of service provided for each child, the success and progress made by the
child in placement, the child being in care for less time, and the ability to maintain
the child in the current placement without moving the child to another placement or
more restrictive environment.
f. The need, or lack thereof,the child needing to re-enter care once they have left the
program.
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Contract No.05-CPS-46
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse Littler in consideration for the work and services performed is a total
amount of$85.00 per day for 24-hour care and in accordance with Exhibit A. The source of funds to be
reimbursed to Littler is Child Welfare Regular Administration or Core Service funding under the
Emergency Assistance Program under the Colorado Family Preservation Act.
Expenses incurred by Littler, 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.
Payment pursuant to this Contract, if Child Welfare Regular Administration or Core Service funds,whether
in whole or in part, is subject to and contingent upon the continuing availability of Child Welfare Regular
Administration or Core Service funds for the purposes 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.
The maximum amount of this contract should not exceed$2,000 for the contract term.
2. Fees for Services
Social Services agrees to pay Littler$85.00 per day for 24-hour care for the services provided for the term
of this contract,April 1, 2005 through May 31,2005.
Littler understand they will only be reimbursed for direct client,face-to-face contact.
Littler understands that they will not be reimbursed for any preparation time, travel time,report writing,or
other activities that do not include face-to-face client contact.
3. Submittal of Vouchers
Littler shall prepare and submit monthly the itemized voucher according to the criteria listed under Exhibit
A 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.05-CPS-46
EXHIBIT C
ASSURANCES
1. Littler 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 Lilttler-contracted,Littler
or its employees,volunteers, or agents while performing duties as described in this Agreement. Littler shall
indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County,
its employees, volunteers, and agents. Littler 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,Littler 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,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. Littler 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. Littler 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 Littler.
9. All such records,documents,communications, and other materials shall be the property of Social Services
and shall be maintained by Littler, 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 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.
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Contract No. 05-CPS-46
10. Littler 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. Littler or Social Services may not assign any of its rights or obligations hereunder without the prior
written consent of both parties.
12. Littler certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Littler,
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. Littler assures that it will fully comply with all other applicable federal and state laws. Littler understands
that the source of funds to be used under this Contract is Child Welfare Regular Administration funds.
14. Littler 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 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, Littler 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, Littler 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 Littler.
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Contract No. 05-CPS-46
16. Littler 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
Protection,no information about or obtained from any applicant/recipient in possession of Littler shall be
disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in
accordance with Littler written policies governing access to,duplication and dissemination of,all such
information. Littler shall advise its employees,agents, and subcontractor, if any,that they are subject to
these confidentiality requirements. Littler 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 Littler in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by Littler for similar information in the course of its own business.
18. Littler 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.
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