HomeMy WebLinkAbout20042449.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 September 1,2004, 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 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 18th day of August, A.D., 2004.
_�qEL�a BOARD OF COUNTY COMMISSIONERS
V WELD OUNTY, COLORADO
. AA Inn//��/ AA//////// ``^1861 Robert D. Masden, Chair
EliPiftrk to the Board
11,1 / William He, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. G P;
/ DAST •
P-PRO D "�L emJ
David E. Lon
ounty Attor ey SA!
//,, // Glenn Va
Date of signature: SA/as -
// 2004-2449
SS0031
Cn ( SS o of-Les-) o9-00Z
a(4\91 DEPARTMENT OF SOCIAL SERVICES
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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
O
COLORADO
MEMORANDUM
TO: Robert D. Masden, Chair Date: August 13, 2004
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services c%tity lC 1. •h�
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 (Department) and Aims Community College (Aims). This
Agreement was discussed and reviewed at the Board's Work Session of July 26, 2004.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is September 1, 2004 through May 31,2005.
2. Aims will provide training and instruction to a maximum of 50 Weld County Certified
Foster Care Parents at a tuition rate of$77 per semester hour including the cost of books
and fees. Weld County Certified Foster Care Parents are required to maintain a certain
number of training hours per year to retain or obtain their certification as foster parents.
3. The total funding available under the Agreement is $12,000 for tuition and $2,000 for
costs of books and fees. Funding will be from Child Welfare Regular Administrative
dollars.
If you have any questions,please telephone me at extension 6510.
2004-2449
Contract No.04-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 1st day of September, 2004,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 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 September 1,2004,upon proper execution of this Agreement
and shall expire May 31, 2005.
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.
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.
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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-133.
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.
7. Compliance with Applicable Laws
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable
federal and state laws,orders, and all applicable standards,regulations, interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,
papers, documents,tapes and any other materials that have been or may hereafter be established which
relate to this Contract. The Contractor acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 et. seq. and its implementing
regulation,45 C.F.R.Part 80 et. seq.; and
Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing
regulation,45 C.F.R.Part 84; and
- the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq. and its implementation
regulation,45 C.F.R.Part 91; and
Title VII of the Civil Rights Act of 1964;and
- the Age Discrimination in Employment Act of 1967;and
- the Equal Pay Act of 1963; and
the Education Amendments of 1972; and
Immigration Reform and Control Act of 1986,P.L. 99-603;
- 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
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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 fmancial 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. 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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For Social Services:
Gloria Romansik Social Services Administrator
Name Title
Aims Community College:
Dr. Marsi Liddell, 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 Dr. Marsi Liddell,President
P.O.Box A 5401 W.20th 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 that 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.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.cji A�
'IFEST: 1// 1"
f WILD COUNT BOARD OF COUNTY COMMISSIONERS
Isoi ( CLERK TO THE, OARD WELD COUNTY,COLORADO
Depdty Clerk By. Robert s >
1W3
AUG 18 2004
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Contract No.04-CPS-20
O AS •
Co ttorney
ELD COUNTY DEPARTMENT AIMS COMMUNITY COLLEGE
OF SOCIAL SERVICES
By: y:
J A.,G 'ego, ector .Mazsi Li ell,P esi ent
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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 Seventy-seven($77)per semester
hour, including technical fees matriculation, and student fees 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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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 Twelve Thousand Dollars($12,000.00)during the
contract period from September 1, 2004,to May 31,2004. 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 Two Thousand Dollars($2,000.00)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 Seventy-seven Dollars($77)per semester hour of
course instruction, including technical fees matriculation,and student fees for regularly scheduled courses
approved by Social Services.
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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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 four(4)years or the completion and resolution of an audit. Such records shall be sufficient
to allow authorized local,Federal,and State auditors and representatives to audit and monitor the
Contractor.
9. All such records, documents,communications,and other materials shall be the property of Social Services
and shall be maintained by the Contractor, 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 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 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 fording.
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.
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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,
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.
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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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