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HomeMy WebLinkAbout20252729.tiffMariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Lesley Cobb Monday, September 29, 2025 11:03 AM CTB HS -Contract Management Communication Item: Termination of agreement with Larimer County for Research Project Services (Tyler ID#2024-2163) Weld Larimer ARCH Agreement (e).pdf Follow up Flagged Communication Item: Termination of agreement with Larimer County for Research Project Services (Tyler ID#2024-2163) Good morning, This is communication to let you know that we are terminating our agreement with Larimer County for Research Project Services, known at Tyler #2024-2163, effective October 29, 2025. This agreement was to manage the ARCH project. Please let me know if you have any questions. Thank you! COUNTY, Lesley Cobb Contract Management and Compliance Supervisor Department of Human Services Desk: 970-400-6512 P.O. Box A, 315 North 11th Avenue, Greeley, CO 80632 Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. GoMtAvn,cc r1ons l0/0,6/25 2025-2729 HRooa7 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E AN AGREEMENT BY AND BETWEEN THE COUNTY OF WELD AND LARIMER COUNTY FOR RESEARCH PROJECT SERVICES 1. PARTIES. This Agreement is made by and between Larimer County Board of Commissioners on behalf of the Larimer County Department of Human Services (the Fiscal Agent), whose address is: 1501 Blue Spruce, Fort Collins, Colorado, 80524, and The County of Weld, whose address is:1150 O Street, Greeley, Colorado 80631 (the County) collectively, the "Parties," or, individually, a "Party." 2. RECITALS. The Recitals to this Agreement are incorporated herein by this reference as though fully set forth within the body of this Agreement. 2.1 The County seeks to purchase research project services for the Child, Adult, and Family Services Division. 2.2 The Fiscal Agent agrees to act as Fiscal Agent for the purchase, from Colorado State University (Contractor), of the services specified in Exhibit A, attached hereto ("Project"). The Contractor possesses the necessary skills, credentials, education, and experience for the Project. 2.2 The Parties therefore desire to enter into an Agreement for completion of the services further described herein. 3. TERMS AND CONDITIONS. In consideration of the mutual covenants and promises of the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 3.1 Term. The Term of this Agreement shall commence July 1, 2024, and extend and be effective through June 30, 2026. This Agreement may be renewed for one successive two-year term, upon the same terms and conditions, by written amendment executed by the Parties. Such renewal shall be a prerogative of the County and not a right of the Contractor and Fiscal Agent, and is subject to annual budget and appropriation determinations by the County. 3.2 Scope. The Scope of the Agreement involves the furnishing of Research Project Services ("Project") as described in the Scope of Work attached hereto as Exhibit A and incorporated by this reference. 3.3 Price. The County shall transfer funds to Fiscal Agent for goods and services in accordance with the Project. Total funds under this Agreement shall not exceed eleven thousand one hundred ($11,100.00) dollars. No other amounts will be transferred to the Fiscal Agent for incidental expenses. The Fiscal Agent shall pay the Contractor in accordance with the Project Agreement entered into between Fiscal Agent and 1 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E Contractor, but not to exceed the total amount of funds transferred to Fiscal Agent by County. 3.4 Payment. Fiscal Agent will timely issue invoices for products and/or services delivered or rendered pursuant to the related Agreement with Contractor. Invoices shall be paid within thirty (30) days of approval by the County representative. County will notify Fiscal Agent of any dispute with respect to an invoice in writing. Both Parties will use best efforts to resolve any dispute within 180 days. 4. NOTICE AND AUTHORIZED REPRESENTATIVES. Any notice required or permitted by this Agreement shall be in writing and shall be sufficiently given for all purposes if sent by email to the authorized representative identified below. Such notice shall be deemed to have been given when the email was sent. Either Party may change the authorized representative at any time by giving notice to the other Party. The Parties each designate an authorized representative as follows: 4.1 The County designates Heather Walker as the authorized representative of the County under this Agreement. Email address is Walke.rhd@weld.gov. 4.2 Fiscal Agent designates Thad Paul as the authorized representative of the Fiscal Agent under this Agreement. Email address is paulxxtj@co.larimer.co.us. 5. INDEPENDENT PARTIES. The Fiscal Agent is an independent party and not an employee of County as provided in C.R.S. S 8-40-202(2). The Fiscal Agent is not entitled to workers' compensation benefits. 6. INSURANCE. Fiscal Agent is a governmental entity within the meaning of C.R.S. section 24-10-101 et seq. and as such shall either purchase and maintain insurance of the kind and in the amounts required by the County, from an insurer with an AM Best FSR rating of B+ or higher, or Fiscal Agent shall maintain self-insurance as authorized by the Colorado Governmental Immunity Act. 7. NO THIRD PARTY BENEFICIARIES. This Agreement is intended to describe the rights and responsibilities only as to the parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a party hereto. 8. FINANCIAL OBLIGATIONS OF THE COUNTY. All financial obligations of the County under this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such obligations. Nothing in this Agreement shall be deemed to pledge the County's credit or faith, directly or indirectly, to the Fiscal Agent. All financial obligations of Fiscal Agent under this Revised: 6/18/2024 2 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E Agreement are subject to the County's transfer of funds as contemplated by this Agreement, and Fiscal Agent shall not be obligated to expend, earmark or encumber any funds of the Fiscal Agent, without further explicit resolution or appropriations by the Fiscal Agent's Board of County Commissioners written authorization. 9. EXHIBITS. All exhibits referred to in this Agreement are by reference incorporated herein for all purposes including Exhibit C - Confidentiality, incorporated by this reference. 10. CONFLICTS WITHIN THE CONTRACT DOCUMENTS. In the event that conflicts exist within the terms and conditions of this Agreement and the attached or referenced exhibits the Agreement shall supersede. 11. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. 12. SEVERABILITY. If any provision of this agreement as applied to either Party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstances, or the validity or enforceability of the Agreement as a whole. 13. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional reasonable action that is necessary to carry out this Agreement. 14. MINOR CHANGES. The Parties executing this Agreement are authorized to make nonsubstantive corrections to this Agreement and attached exhibits, if any, as they consider necessary. 15. DOCUMENTS. All drawings, analyses, plans, tests, maps, surveys, electronic files and written material of any kind generated in the performance of this Agreement or developed specifically for work performed under this Agreement shall remain the sole and exclusive property of the County, and the other Party shall not provide copies of any such material to anyone without the express written consent of the County. 16. ASSIGNMENT. This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 17. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, heirs, and assigns, provided that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. Revised: 6/18/2024 3 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E 18. DAYS. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to C.R.S. section 24-11-101(1), such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 19. DELAYS. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, tabor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 20. NO PRESUMPTION. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 21. GOOD FAITH OF PARTIES. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. 22. WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 23. TERMINATION. This Agreement may be terminated, without cause, by any Party upon thirty (30) days written notice. This Agreement may be terminated by the County immediately for cause if Fiscal Agent or Contractor faits to perform in accordance with the terms of this Agreement. 24. SURVIVAL OF OBLIGATIONS. The obligations contained in this Agreement that are not fully performed as of termination shall survive termination and shall continue to bind the Parties until fully performed. 25. EXECUTION; ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. This Agreement shall not be binding upon any Party hereto unless Revised: 6/18/2024 4 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E and until the Parties have executed this Agreement. The Parties approve the use of electronic signatures for execution of this Agreement. 27. LAWS TO BE OBSERVED. The Contractor shall be cognizant of all federal and state laws and local ordinances and regulations that in any manner affect those engaged or employed in the work or which in any manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws, ordinances, regulations and decrees,. 28. RECORDS RETENTION. The Fiscal Agent shall maintain complete and accurate records of time spent and materials used for performance of the Work, together with any invoices, time cards, or other supporting data reasonably requested. All records, data and documentation shall be retained by the Fiscal Agent for a period of not less than three (3) years after completion of the Work, and shall be subject to review, inspection and copying by the County upon reasonable notice. 29. GOVERNMENTAL IMMUNITY. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. Liability of the parties is at all times herein strictly limited and controlled by the provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq. as now or hereafter amended. Nothing in this Agreement shall be construed as a waiver of the protections of said Act. Revised: 6/18/2024 5 Docusign Envelope ID: 002O289A-6CAC-4C2D-98C3-Al2F6FEC774E IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto in their respective names as of the date last provided below. ATTEST: Xi'o'tok Clerk to the Board BY: 6 WELD COU Kevin D. Ross, Chair AUG 14 2024 Weld County Board of County Commissioners DocuSigned by: C katLue tkt itt urt, MAI-2/BB7fft4Ub... By: Heather O'Hayre, Director of Human Services 1501 Blue Spruce Fort Collins, Colorado 80524 C 6S risti rle..AA.-t✓uckase n Assistant County Attorney Revised: 6/18/2024 o2a�z -.2/63 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E EXHIBIT A SCOPE OF WORK The Fiscal Agent shall Contract with Colorado State University (Contractor) to perform and carry out, in a satisfactory and proper manner the following: 1. Manage ARCH Project, which is a unique university -community partnership that generates applied evaluation projects to enhance the child welfare services provided to children, youth, and families in Colorado. 2. Employ rigorous quantitative and qualitative designs and literature reviews to evaluate the following child welfare topics: (1) Respondent Parent Counsel; (2) Caseworker Retention; (3) Integrating Family Voice; and (4) other topics as identified by the ARCH Steering Committee. 3. Analyze secondary administrative data (e.g., Trails) to examine key safety, permanency, and well-being outcomes. 4. Write overall and county -specific briefs for all ARCH evaluations and include data visualization deliverables for study findings. 5. Disseminate evaluation findings through workshops and webinars and engage ARCH stakeholders in Knowledge Translation (KT) activities. 6. Contribute to the child maltreatment prevention evidence -base by publishing evaluation through peer -reviewed journal articles and presenting findings at international, national, and state conferences. 7. Meet monthly with Steering Committee comprised of representatives from participating county and state child welfare departments, and periodically with subgroups of ARCH content and data experts to design, implement, and interpret evaluation projects. 8. Provide timely budget reports and project updates as requested by the Steering Committee. 9. If necessary, secure human subjects approval from the CSU Institutional Review Board (IRB) for ARCH studies that meet the criteria for human subject research. Personnel: The Fiscal Agent represents that it shall contract with Colorado State University to provide the personnel required to perform the services under this Agreement. Such personnel shall not be employees of the County. Qualifications: All of the services required hereunder shall be performed by the Contractor or Contractor's agents under its supervision, and all personnel engaged in the work shall be fully qualified and shall be eligible under the law to perform such services. Licensure: Where the State or local public jurisdictions require licensure for the provision of services provided hereunder, the Contractor and/or its staff shall be properly licensed therefor. Revised: 6/18/2024 7 Docusign Envelope ID: 002D289A-6CAC-4C213-98C3-Al2F6FEC774E EXHIBIT B CONFIDENTIALITY EXHIBIT I, the undersigned, do hereby acknowledge that I have read and understand and agree to the following: 1. That all information concerning current, prior or future applicants and recipients of services of Weld Department of Human Services (WCDHS), personal client contact, client knowledge or written communication concerning persons involved with WCDHS is confidential and is not public information. 2. The name and address of any WCDHS client or other identifying information in such reports or records shall not be disclosed outside of WCDHS. 3. Contractor must have a WCDHS Release of Information in place to keep, disseminate, or distribute any Contractor -originated information pertaining to WCDHS clients. Release of WCDHS information by Contractor is prohibited. 4. Any contract/community-based service provider who violates confidentiality may be immediately dismissed from access to WCDHS secured areas. 5. Contractor shall comply with C.R.S. section 26-1-114 (1), and (3), dealing with confidentiality: It is unlawful, except for purposes directly connected with the administration of public assistance and welfare, and in accordance with this paragraph for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving public assistance and welfare directly or indirectly derived from the records, paper, files or communications of the state or county departments or subdivision or agencies thereof or acquired in the course of the performance of official duties. 6. In addition, the Contractor acknowledges there may be criminal sanctions related to the release of such information pursuant to C.R.S S 19-1-307; C.R.S. § 19-1-303; § 18-1.3-501 or other state, local or federal law: The penalty for violating confidentiality under C.R.S. §19-1-307 (4) is as follows: Any person who improperly releases or who willfully permits or encourages the release of data or information contained in the records and reports of child abuse or neglect to persons not permitted access to such information by this section or by section 19 -1 - Revised: 6/18/2024 8 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E 303 commits a class 1 misdemeanor and shall be punished as provided in section 18- 1.3-501, C.R.S. 7. Contractor shall agree to safeguard any information and confidentiality of the client/family and/or financial information in accordance with the rules of the Colorado Department of Human Services and WCDHS. It is also agreed, that during and after the term of this Agreement, the Contractor shall comply with the rules and regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any subsequent updates and the Federal Alcohol and Drug Confidentiality Regulation regarding all clinical records and financial information related to Covered Persons, as well as to all statistical data, records and standards. The parties shall utilize their best efforts to implement appropriate physical, technical and administrative safeguards to prevent and protect such information from unauthorized disclosure, unless required by statute or other law, subpoenaed, released or further requirement for treatment. Notwithstanding the foregoing, the parties shall allow access by Covered Persons to their own clinical information, subject to Applicable Law. 8. The Contractor acknowledges that accessing WCDHS's automated information systems, including but not limited to, CYF Trails, for any purpose other than in the performance of the referred service/s is prohibited. The Contractor agrees to only access those areas of the Trails and/or applicable database systems necessary to perform contracted functions, accessing only information of those children and families referred for specified community -based services and keeping confidential all information gained during performance of community -based eligibility authorization and services. The Contractor agrees to keep all printed information in a secured, locked location. Revised: 6/18/2024 9 Docusign Envelope ID: 002D289A-6CAC-4C2D-98C3-Al2F6FEC774E Dated this 15th Heather O'Hayre August day of Printed Name 1501 Blue Spruce Drive, Fort Collins r--DocuSigned by: Autgux t ' au rt. `-[zawr z roit i otau5... Signature 970.498.6310 20 24 Mailing Address Daytime Phone Kevin D. Ross, Chair Weld County Board of County Commissioners Printed Name Weld County Board of County Commissioners x a. Signature AUG 14 2024 1150 0 Street, Greeley, CO 80631 970-400-4213 Mailing Address Daytime Phone 10 Revised: 6/18/2024 o7d02'/- a// 3 Hello