HomeMy WebLinkAbout20041900 RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - EMILY GRIFFITH 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 Emily Griffith
Center, commencing April 19, 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 Emily Griffith
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 12th day of July, A.D., 2004, nunc pro tunc April 19, 2004.
BOARD OF COUNTY COMMISSIONERS
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WE D COU TY, OLOORADO
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`1861 trAtA2141 Robert D. Masden, Chair
-Id ty Clerk to the Board
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( •° William H. J e, Pro-Tem
Deputy Clerk to the Board
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APP E AST M
David E. Long
ounty Attor y /A
Glenn Vaa
Date of signature: 0
2004-1900
SS0031
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r DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY,CO. 80632
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Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
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COLORADO
MEMORANDUM
TO: Robert D. Masden, Chair Date: July 7, 2004
Board of County Commissioners FR: Judy A. Griego,Director, Social Services �'(,:L� 0
l �'41,Li,
RE: Child Protection Agreement for Services Beh4een the
Weld County Department of Social Services and Emily
Griffith Center
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services (Depai tment) and Emily Griffith Center. This Agreement
was reviewed at the Board's Work Session of June 14, 2004.
The major provisions of the Agreement are:
1. The Agreement ends May 31, 2005.
2. Emily Griffith Center agrees to provide day treatment services for children placed out of
county.
3. The Department agrees to reimburse Emily Griffith Center a maximum daily rate of
$67.00.
If you have any questions, please telephone me at extension 6510.
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2004-1900
r
Contract No: 05-CORE-39
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND EMILY GRIFFITH CENTER
t �fu/y
This Agreement,made and entered into the/.A day of 3thec 2004,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 EMILY GRIFFITH CENTER, doing business as"CHINS
UP".
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 Core Service funding to Social
Services for day treatment for county foster care children/adolescents.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on April 19,2004 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 CHINS UP 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,"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. CHINS UP 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. CHINS UP 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 funds to Social Services.
d. Social Services shall not be billed for, and reimbursement shall not be made for time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
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Contract No: 05-CORE-39
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract,CHINS UP 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. CHINS UP 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 CHINS UP has failed to comply with the Financial
Management Requirements,program objectives, contractual terms, or reporting requirements. In
the event of a forfeiture of reimbursements,CHINS UP may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
CHINS UP 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 i aws
At all times during the performance of this contract,CHINS UP 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. CHINS UP 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 eL 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,
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, CHINS UP 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
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Contract No: 05-CORE-39
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
CHINS UP 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 Fvaluation
CHINS UP and Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by CHINS UP and Social Services. The results of the monitoring and evaluation shall
be provided to the Board of Weld County Commissioners and CHINS UP.
CHINS UP shall permit Social Services,and any other duly authorized agent or governmental agency,to
monitor all activities conducted by CHINS UP 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
CHINS UP 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 CHINS
UP. These remedial actions are as follows:
a. Withhold payment to CHINS UP 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 CHINS UP 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 CHINS UP due to omission,error,fraud,and/or defalcation shall be recovered
from CHINS UP by deduction from subsequent payments under this Agreement or other agreements
between Social Services and CHINS UP,or by Social Services as a debt due to Social Services or
otherwise as provided by law.
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Contract No: 05-CORE-39
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 CHINS UP:
Ruth Pederson Chief Financial Officer
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: CHINS UP
Judy A Griegn,Director 14147 Denver West Parkway Suite 725
P O Box A J akewood,CO 80401
Greeley,CO 80637
14. J itipation
CHINS UP shall promptly notify Social Services in the event that CHINS UP learns of any actual litigation
in which it is a party defendant in a case that involves services provided under this Agreement. CHINS UP,
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. CHINS UP 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-CORE-39
IN WITNESS WHEREOF,the pparties hereto have duly executed the Agreement as of the day,month,and year first
above written. J ial If
WELD COUNTY BOARD OF COUNTY
��� ��.� 6 CLERK TO THE BOARD COMMISSIONERS WELD
Y�� COUNTY,c�/\OLOOR(AAD/Q��\� ���P
4WWW��� 'bc ��+'1� La V�, 1V•_
®ei NI Clerk \ Robert D.Masden,Chair JUL 1 2 2004
OV I A '• FO'.': v DAY A ME ER J
oun+, •ttomey SUP,Chief Financial Officer
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICE
By:
Drcor
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Contract No: 05-CORE-39
EXHIBIT A
SCOPE OF SERVICES
1. Accepts boys from the age of 11 '/1 to 14 years old in the Middle School program.
2. Accepts boys from the age of 15 to 18 years old in the High School program.
3. Receives academic instruction based upon their needs as identified in their Individualized Education
Plan.
4. Students and their families will receive individual,family,and group therapy while attending the
program.
5. Students and their families will also receive Home-Based Family Preservation services if they can
benefit from and are willing to participate in such services.
6. Prescription and monitoring of psychoactive medications are available when needed.
7. Class hours are Monday through Thursday from 8:00 am to 3:00 pm and Friday from 8:00 am to 12:00
pm.
8. Breakfast and Lunch are provided.
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Contract No: 05-CORE-39
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse CHINS UP in consideration for the work and services performed under
Core Services finding.
Expenses incurred by CHINS UP, 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 Core Service funds,whether in whole or in part, is subject to and
contingent upon the continuing availability of 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.
2. Fees for Services
Day treatment daily cost is$61.00 through June 30,2004.
Day treatment daily cost is$67.00 from July 1,2004 until the contract expires.
Social Services referrals will not be sent to collections by CHINS UP for default of co-pay/fees. Services
will be performed regardless of client's refusal or inability to pay co-pay.
CHINS UP will collect any applicable sliding scale co-pays and credit Social Services for any payments
received on the monthly billing statements.
3. Submittal of Vouchers
CHINS UP 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-CORE-39
EXHIBIT C
ASSURANCES
1. CHINS UP 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 CHINS UP-contracted
CHINS UP's or its employees,volunteers, or agents while performing duties as described in this
Agreement. CHINS UP shall indemnify,defend, and hold harmless Weld County,the Board of County
Commissioners of Weld County,its employees,volunteers,and agents. CHINS UP 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,CHINS UP 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. CHINS UP 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. CHINS UP 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 CHINS UP.
9. All such records, documents,communications,and other materials shall be the property of Social Services
and shall be maintained by CHINS UP, 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. CHINS UP 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
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Contract No: 05-CORE-39
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. CHINS UP or Social Services may not assign any of its rights or obligations hereunder without the
prior written consent of both parties.
12. CHINS UP certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of
CHINS UP,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. CHINS UP assures that it will fully comply with all other applicable federal and state laws. CHINS UP
understands that the source of funds to be used under this Contract is Child Welfare Regular Administration
funds.
14. CHINS UP 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,CHINS UP 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,CHINS UP 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 CHINS UP.
16. CHINS UP 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 CHINS UP shall
be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in
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Contract No: 05-CORE-39
accordance with CHINS UP written policies governing access to, duplication and dissemination of, all such
information. CHINS UP shall advise its employees,agents, and subcontractor, if any,that they are subject
to
these confidentiality requirements. CHINS UP 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 CHINS UP in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by CHINS UP for similar information in the course of its own business.
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