HomeMy WebLinkAbout982359.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN -OREST DUBYNSKY, M.D.
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 Orest
Dubynsky, M.D., commencing January 1, 1999, and ending December 31, 1999, 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 Orest
Dubynsky, M.D., 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 December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEl q COUNTY, COLORADO
kt;: .9j ATTEST: �i� i����� ` � icy
Constance L. Harb rt, Chair
Weld County Clerk t. h� 01> ` �
2112-11
tr
L W. I Webster, Pro-Tem
BY: . --eci �i
Deputy Clerk to the �v � EXCUSED
orge E. Baxter ,
AP AS TO FORM:
Dale K. Hall
n Attt y
arbara J. Kirkmeye
982359
�'r' SS0024
re 0 WELD CDUrlT Y'
DEPARTMENT OF SOCIAL SERVICES
41114
I��a15 P.O. BOX A
GREELEY,COLORADO 80632
1 C CLERK Administration and Public Assistance(970) 352-1551
TO THE w" Child Support(970) 352-6933
O Protective and Youth Services(970) 352-1923
Food Stamps (970) 356-3850
COLORADO• MEMORANDUM Fax(970)353-5215
TO: Constance L. Harbert, Chair DATE: December 3, 1998
Board of County Commissioners qqqq'�' _�_�'�'
FR: Judy A. Griego, Director, Social Services_ rj1
RE: Child Protection Agreement for Services Between the Weld
County Department of Social Services and Orest
Dubynsky, M.D.
Enclosed for Board approval is the Child Protection Agreement for Services Between the Weld
County Department of Social Services and Orest Dubynsky, M.D.
The major provisions of the agreement are as follows:
1. The term will be from January 1, 1999, through December 31, 1999.
2. The Weld County Department of Social Services agrees to reimburse Dr. Dubynsky a
maximum of$3,600 for the year at an hourly rate of$75.
3. Dr. Dubynsky will provide psychiatric consultation and interpretation of psychiatric
dynamics related to the cases staffed in the Child Protection Team and crisis intervention
situations with staff for abused and neglected children.
If you have any questions,please telephone me at extension 6510.
982359
Contract No.: PY99-CPS-2
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND OREST DUBYNSKY, M.D.
( ) Purchase of Psychiatric Consultation Agreement
(X ) Purchase of Medical Consultation Agreement
( ) Purchase of Educational Consultation Agreement
Was this Agreement competitively procured?
( ) Yes Date Procured / /
(X ) No (Attach Waiver of Competitive Procurement for Child Protection Agreements Form)
This Agreement, made and entered into the th day of December 1998, 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 Orest Dubynsky, M.D., 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, pursuant to the Weld County Home Rule Charter, has provided
Social Services fund resources for medical consultation 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 medical consultations to the Child Protection Team.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Terms
This Agreement shall become effective on January 1, 1999, upon proper execution of this Agreement
and shall expire December 31, 1999. 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, 1999.
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Contract No.: PY99-CPS-2
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for child protection 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 will 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.
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.
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Contract No.: PY99-CPS-2
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 General Assistance must conform to the Single Audit Act of 1984 and OMB
Circular A-128.
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 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.
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. sea. 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.I.. 99-603;
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Contract No.: PY99-CPS-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 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 Social Services or with the U.S. Department of Health and Human
Services, Office for Civil Rights.
8. 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.
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.
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 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;
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Contract No.: PY99-CPS-2
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):
For Social Services: For the Contractor:
Gloria Romansik, S. S. Suuv. III Orest Dubvnskv. M.D.
Name Title 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:
Judy A. Griego, Director Orest Dubynsky, M.D.
P.O. Box A 1620 25th Avenue. Suite 1 /7
Greeley, CO 80631 Greeley, CO 80631 _
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 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.
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Contract No.: PY99-CPS-2
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 VVITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
ATTEST:
e d County ler , BOARD OF COUNTY COMMISSIONERS
/),�
WELD COUNTY, COLORADO
1&l r'
By: ". By: ( /$
Deputy Clerk to the
p yI.(' _ 4 Constance L. Harbert, Chair(12/07/98)
APP ED AST RM: -
CONTRACTOR
County ttorney
By: 40
Orest Dubynsky, M. .
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Director
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Contract No.: PY99-CPS-2
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers a Child Protection Team which is an advisory multi-disciplinary team which
was formed to advise Social Services on specific child protection cases. The Contractor's participation
on the Child Protection Team partially fulfills Social Services' statutory responsibility of providing a
multi-disciplinary Child Protection Team.
The Contractor agrees to provide medical consultation and interpretation of medical manifestations or
factors related to the cases staffed in the Child Protection Team in accordance to the policies and
procedures provided by Social Services.
The Contractor shall:
a. Attend a maximum of two Child Protection meetings per month, providing medical
consultation on three to four cases per meeting. Each meeting is two hours in duration. The
meeting time, location, and dates will be determined by Social Services. Social Services will
assess monthly the number of meetings to be attended by the Contractor. Social Services will
notify the Contractor of such schedule.
b. Provide consultation on crisis situations where a session is needed to meet the special needs of
an abused or neglected child.
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.
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Contract No.: PY99-CPS-2
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 Thee Thousand Six Hundred Dollars ($3,600.00).
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 at the rate of$75 per hour.
3. Submittal of Vouchers
Social Services agrees to:
a. Itemize monthly, all case record information regarding services authorized and received for
service recipients according to its prescribed voucher form.
b. Provide monthly the completed voucher to the Contractor for his/her review and certification.
The Contractor shall:
a. Review 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.
b. Return the signed prescribed voucher form to Social Services for payment.
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Contract No.: PY99-CPS-2
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 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 the 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, subsections, 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 representatives
to audit and monitor the Contractor.
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Contract No.: PY99-CPS-2
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; 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; 9d35 q
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Contract No.: PY99-CPS-2
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 aff-diates, 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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