HomeMy WebLinkAbout981146.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN -STATE OF COLORADO JUDICIAL DEPARTMENT
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 the State
of Colorado Judicial Department, Office of Dispute Resolution, commencing June 1, 1998, and
ending May 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 the State of Colorado Judicial Department, Office of Dispute Resolution, 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 1st day of July, A.D., 1998, nunc pro tunc June 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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• Consta ce L. Harbe , Chair
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AP AS TO FORM:
Dale K. Hall
ty Att rney ' 'art/L.
arbara J. Kirkmeyer
981146
SS0024
6iftiiit
, DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, COLORADO 80632
Ill I D Administration and Public Assistance (970) 352-1551
Child Support(970) 352-6933•O Protective and Youth Services (970) 352-1923
Food Stamps (970) 356-3850
COLORADO Fax(970) 353-5215
MEMORANDUM
TO: Constance L. Harbert, Chair Date: June 26, 1998
Board of County Commissioners tetkaFR: Judy A. Griego,Director, Social Services. Ut. \n,:,
�'
RE: Child Protection Agreement for Services Between the Weld
County Department of Social Services and the State of Colorado
Judicial Department
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld County
Department of Social Services and the State of Colorado Judicial Department.
The major provisions of the Agreements are as follows:
1. The term of the agreement is June 1, 1998 through May 31, 1999.
2. The State of Colorado Judicial Department,through its Office of Dispute Resolution mediators,
will provide mediation services for families under the Expedited Permanency Planning Program.
3. Social Services agrees to reimburse the Office of Dispute Resolution a maximum of$9,600 for
mediation services at the rate of$80.00 per hour,not to exceed$480 per case.
If you have any questions,please telephone me at extension 6510.
981146
Contract No.: PY98-CPS-8
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services is involved with the juvenile court in protecting abused and neglected children. These
dependency and neglect cases can be expedited through mediation between Social Services and the
respondents in these cases. The contractor can provide these mediation services through trained
mediators.
The contractor will provide these services for Social Services for those families whose child is eligible for
the Expedited Permanency Planning Program. It is expected the time necessary to complete mediation
services in each case may not exceed six hours. If the number of hours to complete a specific case is
going to exceed six hours, the Contractor will contact Social Services for further authorization. The
following services will be provided by the contractor through it's office of Dispute Resolution Contract
mediators:
a. Mediation Services
•Speak with all parties prior to the mediation meeting.
•Schedule the mediation meeting.
•Review documents regarding the case.
•Facilitate the mediation session.
•Prepare a written agreement if agreements are reached.
• Give written agreements to all parties.
b. Maintain statistics regarding their services as required by Social Services and give Social
Services a report quarterly and annually.
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.
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Contract No.: PY98-CPS-8
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, during the term of this agreement, a total amount not to exceed Nine Thousand Six Hundred
Dollars ($9,600.00). The source of funds to be reimbursed to the Contractor is Mediation Services funds
under the Expedited Permanency Planning Program.
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 effective upon receipt of
notice by the contractor. However, Social Services agrees to pay for all services rendered by Contractor
or its mediators prior to receipt of such notice.
2. Fees for Services
Social Services agrees to pay the Contractor at the rate of$80.00 per hour. The total amount per case
shall not exceed$480.00, unless authorized by Social Services.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the necessary forms to the Contractor for his/her use in submitting bills for payment.
The Contractor shall:
a. Itemize monthly each bill into three areas. These will be preparation time, meeting time, and
time to prepare any written agreements.
b. 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.
c. Return the signed prescribed voucher form to Social Services for payment.
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Contract No.: PY98-CPS-8
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. For the negligent acts of its employees, volunteers, and agents committed while in the scope and course
of performing duties pursuant to the terms of this Agreement, to the extent permitted by law, each party
shall indemnify, defend, and hold harmless the other party, it's employees, volunteers, and agents. The
Contractor subcontracts with private, independent, contract mediators and therefore is not responsible
for the subcontractors' liability and worker's compensation insurance.
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.
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.: PY98-CPS-8
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 and 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 nor 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;
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Contract No.: PY98-CPS-8
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 to 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.
18. It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
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Contract No.: PY98-CPS-8
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND STATE OF COLORADO JUDICIAL DEPARTMENT
( X ) Purchase of Mediation Services
( ) 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 first day of June 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 the State of Colorado Judicial Department, 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 mediation services to Weld County residents as identified by Social
Services; and
WHEREAS, the State of Colorado Judicial Department's Office of Dispute Resolution provides
mediation services statewide, including in Weld County; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social
Services in providing mediation services for the Expedited Permanency Planning Program.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Terms
This Agreement shall become effective on June 1, 1998, upon proper execution of this Agreement
and shall expire May 31, 1999.
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Contract No.: PY98-CPS-8
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.
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.: PY98-CPS-8
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
Please refer to part 3. B. Of this contract.
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. 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 seq. and its implementing regulation, 45 C.F.R. Part 80 et sea.; 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;
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Contract No.: PY98-CPS-8
and all regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, 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.
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 by Social Services.
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 monitoring may include 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.: PY98-CPS-8
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 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:
Frank Aaron. Social Services Manager Cynthia A. Savage. Director.
Office of Dispute Resolution
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 Steven V. Berson. State Court Administrator
P.O. Box A 1301 Pennsylvania Street, Suite 300
Greeley. CO 80631 Denver. Colorado 80203-2416
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.: PY98-CPS-8
15. Termination
This Agreement may be terminated at any time by either party given thirty (30) days written notice
and is subject to the availability of funding.
16. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding between
the parties with respect to the subject matter hereof, and may not be changed or modified except as
stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and
year first above written.
ATTEST:
` �1�1r� Z,a
Weld County Cler i t • b BOARD OF COUNTY COMMISSIONERS
1861O (° P WELD COUNTY, COLORADO
By: , . � .��.��: . per By:
Deputy ��t � \ Constance L. Harbert, Chair
(07/01/98)
APPROVED AS TO FORM:
County ney
WELD CO EPARTMENT CONTRACTOR
OF SOCI SE S STATE OF CO RADO IAL DEPARTMENT
By:
By:
A. Griego, Direc or Steven V. Berson
State Court Administrator
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