HomeMy WebLinkAbout920475.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT WITH DR. ELLIS
COPELAND AND AUTHORIZE CHAIRMAN TO SIGN
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 Coordination and Purchase of
Services Agreement between Dr. Ellis Copeland and Weld County Department of
Social Services, commencing May 26, 1992, with the 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 Coordination and
Purchase of Services Agreement between Dr. Ellis Copeland and Weld County
Department of Social Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 1st day of June, A.D. , 1992.
OF TY ATTEST: 0v WELDDCOUNTY,NCOLORADOSSIONERS
Weld County Clerk to the Board
Ge e Ke edy, rman
BY: CaCX-ti, /C j nLQ-Q2/`J
Deputy 4ylerk to the Board Constance� L. Harber , Pro-Tem
APPROVrFD-AS TO FORM: l"tJ//Xti
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// C. W. Kirb
'Or-r-C unty Atl
County torne Gord ac
W. H. Webster
920475
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CONTRACT NO: FY92-SD-t000
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN DR. ELLIS COPELAND AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this 20th day of May, 1992, 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 "Dr. Ellis
Copeland" hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance
thereof remains available for payment in Contract Encumbrance Number FY92-SD-
2000; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the Board of Weld County Commissioners desires to provide a
mentor/facilitator for the Performance Standards Committee of the Weld County
Department of Social Services to enable them to establish a quality Performance
Standards and Evaluation procedure; and
WHEREAS, the Contractor has the expertise to act as mentor/facilitator in
the area of performance standards and evaluations; and
WHEREAS, the parties hereto desire to work together for the express purpose
of providing the Weld County Department of Social Services with a quality
Performance Standards and Evaluation procedure.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Terms
This Contract shall become effective for ongoing sessions, the first
of which is May 26, 1992.
2. Scope of Services and Payment Schedule
The Contractor shall act as facilitator for the Performance
Standards Committee of the Weld County Department of Social Services
in accordance with policies and procedures developed by Social
Services. In consideration for the monies and negotiated funding
and programmatic criteria to be received from Social Services, the
Contractor shall do, perform, and carry out, in a satisfactory and
proper manner, as determined by the Social Services, all work
elements as follows.
a. Meet with and act as facilitator for the Performance Standards
Committee for up to twelve hours.
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920475
CONTRACT NO: FY92-SD-2000
3. 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 Seven Hundred Twenty Dollars ($720) , as follows:
Facilitate over Performance Standards
Committee Meetings $ 60.00 hr. for up to
twelve hours
TOTAL $720.00
Payment pursuant to this Contract, if in federal or state funds,
whether in whole or in part, is subject to and contingent upon the
continuing availability of federal or state funds for the purposes
hereof. In the event that said funds, or any part thereof, become
unavailable as determined by Social Service, Social Services may
immediately terminate this Contract or amend it accordingly.
4. Payment Method
a. The Contractor shall provide a proper invoice 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 program objectives, contractual terms, or
reporting requirements.
5. Assurances
The Contractor shall abide by all assurances as set forth in the
attached Exhibit A, 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 2 of 4
920'175
CONTRACT NO: FY92-SD-2000
- 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 it 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 implementing 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 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 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. Modification of Agreement
All modifications to this agreement shall be in writing and signed by
both parties.
9. 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.
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920175
CONTRACT NO: FY92-SD- 10
10. 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 8 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as
of the day, onth, and year first above written.
PieuthATTEST: BOARD OF WELD COUNTY COMMISSIONERS
Weld County Clerk to the Board OF WELD COUNTY, COLORADO
By: (17/1A.4,/,-,744-4-c7.77_-_ett Dty Clerk to e Board George Ke nedy, Chairman 0(o%3/9J-
APPROVED AS TO FORM:
County ttorney
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES CONTRACTOR
7
Ju Griego, Dir ctor / Dr. Ellis Copel
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CONTRACT NO: FY92-SC 000
EXHIBIT A
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 Contractor or its employees, volunteers,
or agents while performing duties as described in this Agreement.
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 acceptable evidence that such coverage
is in effect.
3. No portion of this Agreement 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 Agreement 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, subsection, paragraph, sentence, clause, or phrase of this
Agreement 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 Agreement 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 Agreement.
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 Agreement 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 representative to audit and monitor the
Contractor.
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vwrr
CONTRACT NO: FY92-SD-2000
EXHIBIT A, 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 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 Load,
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 Contract assures that it will fully comply with the Alternatives to
Out-of-Home Placement Act 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:
PAC Foster Care.
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 or agency;
o C
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CONTRACT NO: FY92-SD-2000
EXHIBIT A, Continued
b. Have not, within a three-year period 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 indicated 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 arty 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 contractor 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 with the administration of the
Partners Plus Program, 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.
Page 3 of 3 f.3rM 4a
d DEPAR r nAENT OF SOCIAL SERVICES
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�.. r. OREELEs,COLnce(03 O 80632
Administration and Public Assistance(303)352-1551
Child Support(303)352-6933
t�e;�r r- J' 2 Child Protection and Day Care(303)352-1923
I'D Food Stamps(303)356-3850
CLERK
m TO THE DC'/V.
COLORADO
TO: George Kennedy, Chairman
Weld County Board of Colty Commissioners
FROM: Judy A. Griego / i I' L r`'k)
SUBJECT: Purchase of Sery s Agree t w(Ith Dr. Ellis Copeland
DATE: May 22, 1992 C1/4,)
Enclosed for Board approval is an Agreement between the Weld County Department
of Social Service and Dr. Ellis Copeland.
Dr. Copeland will serve as mentor/facilitator for the Performance Standards
Committee of the Weld County Department of Social Services which will assist the
Committee in establishing quality Performance Standards and Evaluation
Procedures.
The total cost of the service will not exceed $720.
If you have any further questions, please telephone me at extension 6200.
jac
92047s
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