HomeMy WebLinkAbout20053286.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - MARILYN NEIHART
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 Marilyn
Neihart, commencing November 1, 2005, and ending May 31, 2006, 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 Marilyn
Neihart 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 7th day of November, A.D., 2005, nunc pro tunc November 1, 2005.
BOARD OF COUNTY COMMISSIONERS
' WELD COUNTY, COLORADO
ATTEST: datay, ., ,beXCUSED
William H. J e, Chair
Weld County Clerk to th 771
s
® � t'f . J. Ile, Pro-Te
BY:
D uty CI k to the-B d,
David E. Long
AP ED AS T M: EXCUSED
Robert D. Masd
ounty Attorney
Glenn Vaad
Date of signature: I I 177 45
2005-3286
SS0032
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6
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
'Ks Administration and Public Assistance(970)352-1551
WI Child Support(970)3524933
C.
COLORADO MEMORANDUM
TO: William H. Jerke, Chair Date: November 3, 2005
Board of County Commissioners FR: Judy A. Griego, Director, Social Services., � C
RE: Child Protection Agreement for Services ween the Wel tut
County De
partment
of Social Services and Marilyn Neihart
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services (Department) and Marilyn Neihart(Contractor). This
Agreement was reviewed at the Board's Work Session of November 2, 2005.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is November 1, 2005 through May 31, 2006.
2. The source of funding is Child Welfare Block Grant funding.
3. The Contractor agrees to conduct and complete home studies for those clients
involved in the child welfare system.
4. The Department agrees to reimburse the Contractor for home studies and related services
as provided in the Agreement's fee schedule.
If you have any questions,please contact me.
2005-3286
Contract No. 05-06-CPS-59
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND MARILYN NEIHART
This Agreement,made and entered into the 1st day of November 2005,by and between the Board of Weld
County Commissioners, sitting as the Board of Social Services,on behalf of the Weld County Department of Social
Services, hereinafter referred to as"Social 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 Social Services for Adoption, Foster Care, and Expedited Permanency Planning Home
Study;and
WHEREAS,PROVIDER is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on November 1,20Q5,upon proper execution of this Agreement and
shall expire May 31,2006,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by PROVIDER 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,"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 Social Services for all costs incurred and
services provided pursuant to Exhibit A of this Agreement in accordance with criteria established
by Social Services. PROVIDER 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 are expressly contingent upon the
availability of Child Welfare Regular Administration funds to Social Services.
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Contract No. 05-06-CPS-59
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,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-133.
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. Social 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 Social Services. The decision of the Director of Social 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:
- Tide 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 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. 05-06-CPS-59
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 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
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 Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by PROVIDER and Social Services. The results of the monitoring and evaluation shall
be provided to the Board of Weld County Commissioners and PROVIDER.
PROVIDER shall permit Social 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 Social 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 Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social Services;
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Contract No. 05-06-CPS-59
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 Social Services and PROVIDER,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 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: Social Services To: PROVIDER
Judy A.Griego,Director Marilyn Neihart,L.C.S.W.
P.O.Box A 320 Belmont Place
Greeley,CO 80632 Fort Morgan,CO 80701-3832
14. Litigation
PROVIDER shall promptly notify Social 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 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. 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. 05-06-CPS-59
IN WITNESS WHEREOF,
the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.ckA
��`v✓
it
is BOARD OF COUNTY
TO 'i t OARD COMMISSIONERS WELD
IA6t a Z ? COUNTY,COLORADO
°JUNI
7� lerk M. J. Geile, Chair Pro—Tem
VEDAS s RM: PROVIDER 11/07/2005
•
BY jf�j// ./�i `?(ec h� QA tt
" County ttomey �MarAynNe' L.C.S.W.
WELD COUNTY DEPARTMENT
OF SOCIAL ERIVICE
By:
J Grie o Directo
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c>?C,0-5
Contract No. 05-06-CPS-59
EXHIBIT A
SCOPE OF SERVICES
A. Target/Eligible Population
The population to be served under this contract includes(1)families who wish to adopt children from
Social Services,(2)relinquishment counseling for parents who are considering relinquishing children, (3)
applicants for foster care certification,and(4)children identified as expedited permanency planning.
B. Types of Services to be Provided
The studies will be conducted in compliance with the uniform format utilized by the State of
Colorado Department of Human Services since October 1, 1999. A written home study will be
provided to Social Services.
All staff members conducting home studies will be listed on the State of Colorado Department of
Human Services home study vendor list,having applied for inclusion.
Individual vendors or vendor agency staff members will not have,nor will have had, any other
professional or personal relationship with the person/family being studies.
The assessment shall meet the following criteria, as stated in Volume VII,Policy and Procedures
for Child Welfare Services,7.710.56,E. F. and G.
• "As part of the assessment,the agency must conduct a minimum of three(3)
joint interviews with a couple,one individual interview with each adult member in the
household and an age/developmentally appropriate interview with all children residing in
the home. For single applicants a minimum of three interviews will be required.
• The agency must conduct at least one interview in the applicant's home.
• Interviews must be spread out over a period of not less than seven(7)consecutive days."
2. Background Checks
The following background checks will be completed unless otherwise indicated on the referral
form. This background check will be completed for all individuals living in Colorado.
Fingerprints sent to CBI on Social Services cards results will be returned directly by CBI to Social
Services. The Provider will distribute,collect and submit the fingerprint cards. The
Provider will pay CBI the processing fee. If the individual has lived in the state less than
two years, an FBI search will be requested.
Department of Motor Vehicles
Local County DSS search for open case
Reference questionnaires will be sent out and returned to the Contractor with SASE
Local police department
Central Registry
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Contract No. 05-06-CPS-59
C. Service Time Frames
It is expected that completed home studies,including background and reference checks will be provided to
Social Services within six weeks from date of referral.
D. Measurable Outcomes
1. More expedient placement of children;
2. Quality adoptive home studies that are done in a timely manner;
3. Outcomes will be defined by the number of acceptable studies submitted.
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Contract No. 05-06-CPS-59
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social 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 Social Services expenditures and shall not be reimbursed by Social 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 Social Services, Social Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
Home study format is based on testing,3 joint interviews with a couple, I individual interview with each
adult member in household and an age/developmentally appropriate interview with all children residing in
the home. For single applicants,a minimum of 3 interviews will be required. Home study updates are
requested by foster parent coordinators. Relinquishment counseling to follow State outline. Monthly
average capacity is 6 hoe studies and 1 unit relinquishment counseling. The average stay in the program is
6 weeks, average hours per week in the program is 4. Bilingual-bicultural services available through
current staff.
Rate per study:
Full Home Study* $988.17
Updated Home Study $562.87
Additional Adult Home Study $250.00
Court Testimony $86.00
The threshold for hours for an incomplete home study will be set at 3.5 hours.
Turnaround time for receipt of the completed home study is 6 weeks from the date of receipt of the referral.
Additional home studies will be billed at a maximum of$250.00 per person.
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.05-06-CPS-59
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 all its employees,volunteers, and agents engaged in the performance
of the Agreement upon request,PROVIDER 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 phase 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, director 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 Social Services
and shall be maintained by PROVIDER, 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.
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. 05-06-CPS-59
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 Social 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 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,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 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 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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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.
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