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HomeMy WebLinkAbout20040055.tiff RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - CHILD ADVOCACY RESOURCE AND EDUCATION, INC. 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 Child Advocacy Resource and Education, Inc.,commencing January 1,2004,and ending December31, 2004, 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 Child Advocacy Resource and Education, Inc. 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 January, A.D., 2004, nunc pro tunc January 1, 2004. BOARD OF COUNTY COMMISSIONERS nom` W LD COUNTY, CO ORADO ATTEST: �, it I�'�?` = La p `s _ 1 V I Robert D. Masden, Chair xi Weld County Clerk tot q B+: �x'=' „ Lis,BY: y . b; 4W William H/erke, Pro-Tem Deputy Clerk to the Bo- M. eile ' RO AS TO Ctc, E r Davi. . Long r�� /sue_- % ounty Attor y G enn Vaad Date of signature: I/3 2004-0055 SS0031 (1(1 Ss (c.)61:\(5) cv-,v-exf • Contract Number PY04-CPS-4 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND CHILD ADVOCACY RESOURCE AND EDUCATION, INC. ( ) Purchase of Psychological Evaluation Agreement ( ) Purchase of Psychiatric Consultation Agreement ( ) Purchase of Medical Consultation Agreement ( X) Purchase of Community, Parent, and Family Education Agreement Was this Agreement competitively procured? ( )Yes Date Procured I I (X )No (Attach Waiver of Competitive Procurement for Child Protection Agreements Form) This Agreement, made and entered into the 1st day of January 2004, by and between the Board of County Commissioners, on behalf of the Weld County Department of Social Services, hereinafter referred to as "Social Services," and Child Advocacy Resources and Education, Inc.,hereinafter referred to as the "Contractor." WITNESSETH WHEREAS,required approval, clearance and coordination has 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 fund resources for community education to Weld County residents as identified by Social Services; and WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services in providing community education on child abuse and neglect,parent education, and children's family education classes; and WHEREAS, Social Services wishes to have education on abuse and neglect to the community to reduce and eliminate future child abuse. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: RECEIVED BY Page 1 of DEC 3 0 2003 WELD CVUN I Y utPT. OF SOCIAL SERVICES Contract Number PY04-CPS-4 Term This Agreement shall become effective on January 1,2004,upon proper execution of this Agreement and shall expire December 31, 2004. The Contractor agrees that time is essence in their performance of its obligations under this Agreement, and that completion of the Project shall occur no later than the termination date of December 31, 2004. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for community educational services in compliance with Exhibit A"Scope of Services," a copy of which is attached and incorporated by reference. 3. Payment Schedule a. Payment shall be made on the basis of Exhibit B,"Payment Schedule," a copy of which is attached and incorporated by reference. The Agreement Budget shall establish the maximum reimbursement which will be paid from county funds during the duration of this agreement. b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services. The Contractor shall submit all itemized monthly billings to the Social Services no later than the fifteenth (15) day of the month following the month the cost was incurred. Billings must be signed by the Contractor. 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. c. Payments to the Contractor shall be made monthly by Social Services upon receipt of such itemized billings as required under Exhibits A and B. d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Weld County funds to Social Services. • Page 2 of 7 Contract Number PY04-CPS-4 e. 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. 3. 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 General Assistance must conform to the Single Audit Act of 1984 and OMB Circular A-128. 4. 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 the 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. 5. 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. 6. 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: Page 3 of 7 Contract Number PY04-CPS-4 -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; 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 Social Services or with the U.S.Department of Health and Human Services,Office for Civil Rights. 7. Certifications 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. 8. 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. Page 4 of 7 • Contract Number PY04-CPS-4 The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners. 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. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. Remedies The Director of Social Services or designee may exercise the following remedial actions should s/he fmd 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 inaction 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. 11. 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): Page 5 of 7 Contract Number PY04-CPS-4 For Social Services: For the Contractor: Gloria Romansik,M.S. Gwen Schooley Exec. Director Social Services Manager 2 Name Title Name Title 12. 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: Judy A. Griego,Director Gwen Schooley Exec.Director P.O.Box A 3700 Golden St. Greeley, CO 80632 Evans, CO 80620 13. 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. 14. 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. 15. 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 9 herein. Page 6 of 7 Contract Number PY04-CPS-4 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONERS / l !} WELD COUNTY COLORADO �ATTEST: . o,,.>.. La Weld County Clerk to the tsar. C � V� Robert D. Masden, Chair (5,H.,iv JAN 07 7004 V lU; l BY: t i/// !4' t :„..,:,(1,/'l'.i`\\ >; j APPROVED AS TO FORM: ' CONTRACTOR Bruce ricer, County Attorney }} //)) By: ( ee<G ;At, E ,K , &L Elizabeih Funk-Breay f Cd President r� 1I�� 'd WELD COUNTY DEPARTMENT OF SOCIAL SERVICES Gwen chooley Director By: J A. go, Direc r 17 Page 7 of 7 076OY-celfi .C Contract Number PY04-CPS-4 EXHIBIT A SCOPE OF SERVICES 1. Scope of Services The Contractor shall perform the following services: a. Parent education classes in which parents will receive instruction and support in abuse prevention strategies,nurturing parenting techniques,non-physical discipline,anger management for parents,stress management,and child development. Eight week courses are offered to parents in basic parenting as well as advanced parenting topics including anger management, parenting teenagers, step-family dynamics, and co-parenting after divorce. Courses include RETHINK:Anger Management for Parents and Strengthen Your Step Family,a step- family parent education course. CARE will add South County classes for Parenting your with Care in Spanish alternating with basic parent education for parents in English. Projected goals for Year 2004 are 480 hours of parent instruction in a group setting. The majority of clients are referred to contractor though Social Service caseworkers. CARE has a fee-for-service policy for the program and will indicate those parents who participate in this policy in its billing to Social Services. b. Community education through awareness training for the general public on issues of child abuse and neglect. CARE will provide in-service trainings for community organizations, including schools, law enforcement, medical personnel and child care providers as to the reporting protocol and laws surrounding child abuse and neglect and prevention/intervention strategies. CARE will provide community trainings on behavior management, child development, and child safety as a prevention effort. Finally, CARE will act as a resource for individuals needing parenting support and abuse prevention information via print material, telephone consultation, and direct contact. Through the Community Education Program at CARE,it is anticipated that contact will be made with 7,000 individuals. c. The children's program will continue to offer a children's program in conjunction with the Parent Education curriculum. Through group activities and instruction, children will receive support in the areas of safety Page 1 of 3 Contract Number PY04-CPS-4 Exhibit A(Continued) skills,emotional expression,and family relationships. CARE will provide an educational support group for children experiencing domestic violence while non-offending parents seek support through an adult educational group. CARE will offer Chill: Anger Management for kids up to age 18. Anticipated contacts for Year 2004 will be 508 hours of children's programs in a group setting. d. The prevention program will provide trainings to children and school personnel to include information on child abuse issues,personal safety, and"safe-touch". This is done developmentally in a variety of ways through the use of puppets,videos,role plays and interactive presentations that aid children and adults in the understanding of personal safety issues. Total contacts for this program exceed 11,000 children. 2. 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. 3. Eligible Client Cases Social Services shall be responsible for selecting cases to be reviewed and staffed by the Contractor. 4. Monitoring and Evaluation The following will be used for monitoring and evaluating the success of the purchase of services agreement for community education and awareness of child abuse and neglect: 1. Monthly report submitted to Weld County Department of Social Services. 2. Random sampling of educational, law enforcement, and community groups who have had programs presented by Child Advocacy Resource and Education, Inc., for evaluation of service. Page 2 of 3 Contract Number PY04-CPS-4 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Social Services agrees to reimburse to the Contractor,in consideration for the work and services performed, a total amount not to exceed Forty-nine Thousand Four Hundred and Ninety Four Dollars($49,494.00) and as follows: a. Parent Education Program $15,202.00 b. Community Education Program 10,360.00 c. Children's Programs 13,812.00 d. Prevention 10,120.00 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. Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and contingent upon the continuing availability of Weld County funds for the purposed 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 Social Services agrees to pay the Contractor according to the attached fee/rate schedule. 3. Submittal of Vouchers The Contractor shall: a. Itemize monthly, all information regarding services authorized and received for service recipients according to the terms and conditions of Exhibit A and according to the prescribed voucher form as described in Exhibit B,Page 2 of 3 and Exhibit B,page 3 of 3. b. Return the signed prescribed voucher form to Social Services for payment. Page 1 of 1 Contract Number PY04-CPS-4 Exhibit C (Continued) 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 Agreement 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 Agreement shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. The Contractor of 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 Agreement is: Social Services 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; Page 2 of 3 • Contract Number PY04-CPS-4 Exhibit C (Continued) 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 Agreement,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. 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 Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor shall have written policies governing access to, duplication and dissemination of, all such information. Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. 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. Page 3 of 3 Contract Number PY04-CPS-4 EXHIBIT B (Attachment) CHILD ADVOCACY RESOURCE AND EDUCATION UNITS OF SERVICE Parent Education Children's Program Prevention Community Education Defined Unit of Service 1 HR OF 1 HR OF CLASS/WORKSHOP 1 individual contact 1 individual contact CLASS/WORKSHOP 2004 Project Units 480 class hours 508 class hours 11,000 children/youth 7,000 individuals Total Program Cost $ 68,365 $ 53,355 $ 50,930 $29,260 Cost Per Unit $ 142.42 $ 105.03 $ 4.63 $ 4.18 Weld County Allocation $ 15,202 $ 13,812 $ 10,120 $ 10,360 Weld County Cost Per Unit $31.67 $ 27.19 $ .92 $ 1.48 r , DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80632 ' WEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551 C Child Support(970)352.6933 COLORADO MEMORANDUM TO: David E. Long, Chair Date: December 29, 2003 Board of County Commissioners ilt FR: Judy A. Griego, Director, Social Services • RE: Child Protection Agreement for Services Be een the Weld County Department of Social Services and Child Advocacy Resource and Education, Inc. Enclosed for Board approval is a Child Protection Agreement for Services between the Weld County Department of Social Services (Department) and Child Advocacy Resource and Education (CARE), Inc. The Agreement was discussed and reviewed at the Board's Work Session of December 29, 2003. The major provisions of the Agreement are: • 1. The term of the Agreement is Calendar Year 2004. 2. CARE agrees to provide services through the parent education program ($15,202), community education program ($10,360), children's programs ($13,812), and prevention($10,120). 3. The Department agrees to reimburse CARE a maximum of$49,494 per year from Child Welfare funds. If you have any questions, please telephone me at extension 6510. 2004-0055 Hello