HomeMy WebLinkAbout20233548.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR FOSTER PARENT
TRAINING AND CO-FACILITATOR SERVICES,AND AUTHORIZE CHAIR TO SIGN-
ESTHER DENNIS
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 an Agreement for Professional Services
for Foster Parent Training and Co-Facilitator 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 Human Services,and Esther Dennis,commencing January 1,2024,and ending
December 31,2024,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,that the Agreement for Professional Services for Foster Parent Training and
Co-Facilitator 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 Human Services,and
Esther Dennis,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 6th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: ddormi �....
Mi eeman,Chair
Weld County Clerk to the Board
BY tr A r 1,0T LL erry L.Buc, ro-Tem
Deputy Clerk to the Board
Sco K.James
AP''i'ED`�,.�� ORM: /' � 'L USED
e D.Ross
��✓ .ice,\' -*1
ounty Attorney
�1 I ® � 6 Saine
Date of signature: Z Z3
cc•.H SD 2023-3548
01/03/24 HR0095
ChV*C ii rr^^
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:Professional Services Agreement with Esther Dennis(Foster Parent Training
Co-Facilitator)
DEPARTMENT: Human Services DATE: November 20,2023
PERSON REQUESTING: Jamie Ulrich,Director,Human Services
Brief description of the problem/issue:Request Board Approval of the Department's Professional Services
Agreement(PSA)with Esther Dennis for Foster Parent Training Co-Facilitator services.Ms.Dennis had served
in this role in previous years,utilizing the National Training and Development Curriculum(NTDC).The term of
this agreement is January 1,2024 through December 31,2024.
What options exist for the Board?
• Approval of the PSA with Esther Dennis.
• Deny approval of PSA with Esther Dennis.
Consequences:The Child Welfare Department would need to find an alternate Foster Parent Training
Co-Facilitator.
Impacts:There may be a shortage of Co-Facilitators for Foster Parent Training.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
• Total cost=$35.00 per hour,not to exceed$11,550.00 for the term of this Agreement.
• Funded through Child Welfare Administration funds.
Recommendation:
• Approval of the Professional Services Agreement and authorize the Chair to sign.
Support Recommendation Schedule
Place on SOCC Agenda Work Session Other/Comments:
Perry L.Buck,Pro-Tem
Mike Freeman,Chair
Scott K.James fY5
Kevin D.Ross
Lori Saine !;9
Pass-Around Memorandum;November 20,2023—CMS ID 7631 2023-3548
1z/(0 �DO��
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND ESTHER DENNIS
(FOSTER PARENT TRAINING CO-FACILITATOR)
THIS AGREEMENT is made and entered into this day of beef )/,2023,by and between the
County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County
Commissioners,whose address is 1150"O"Street,Greeley,Colorado 80631 hereinafter referred to as"County,"
and Esther Dennis,who whose address is 5502 West 3'd Street.Greeley,Colorado 80634,hereinafter referred to
as"Contractor".
WHEREAS,County desires to retain Contractor as an Independent Contractor to perform services as
more particularly set forth below;and
WHEREAS,Contractor has the ability,qualifications,and time available to timely perform the services,
and is willing to perform the services according to the terms of this Agreement.
WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,
expertise,and experience necessary to provide the services as set forth below;
NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the
parties hereto agree as follows:
1.Introduction.The terms of this Agreement are contained in the terms recited in this document and in Exhibit
A,Scope of Services and Exhibit B,Rate Schedule,which forms an integral part of this Agreement.Exhibits A
and B are specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to provide the materials,equipment and/or products necessary for the
outlined Scope of Work and further agrees to diligently provide all services and labor,as set forth in Exhibits A
and B.
3.Term.The term of this Agreement shall be from January 1,2024,through December 31,2024,or Contractor's
completion of the responsibilities described in Exhibit A.This Agreement may be extended annually upon written
agreement of both parties.
4. Termination. County has the right to terminate this Agreement,with or without cause on thirty(30)days
written notice.Furthermore,this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
5.Extension or Modification.Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contractor shall be the basis for additional
compensation unless and until Contractor has obtained written authorization and acknowledgement by County
for such additional services.
6.Compensation/Contract Amount.County agrees to pay an amount no greater than$11.550.00 for the term
of this Agreement,as set forth in Paragraph 3.County agrees to pay Contractor through an invoice process during
the course of this Agreement in accordance with the Rate Schedule as described in Exhibit B.Contractor agrees
to submit invoices which detail the work completed by Contractor. The County will review each invoice and if
it agrees Contractor has completed the invoiced items to the County's satisfaction,it will remit payment to
Contractor.
2O23-3548'
Contractor agrees to work within the confines of the Scope of Services outlined in Exhibit A.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees
to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers,agents or employees will not become employees of County,nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an
independent Contractor.Contractor shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Contractor,its employees and agents are not entitled to
unemployment insurance or workers'compensation benefits through County and County shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees.Unemployment
insurance benefits will be available to Contractor and its employees and agents only if such coverage is
made available by Contractor or a third party.Contractor shall pay when due all applicable employment
taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement.
8.Subcontractors.Contractor acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements
for the completion of this Project without County's prior written consent,which may be withheld in County's
sole discretion.
9.Ownership.All work and information obtained by Contractor under this Agreement or individual work order
shall become or remain(as applicable),the property of County.
10. Confidentiality.Contractor agrees to keep confidential all of County's confidential information.Contractor
agrees not to sell,assign,distribute,or disclose any such confidential information to any other person or entity
without seeking written permission from the County. Contractor agrees to advise its employees,agents,and
consultants,of the confidential and proprietary nature of this confidential information and of the restrictions
imposed by this agreement.
11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a
manner consistent with the standards governing such services and the provisions of this Agreement.Contractor
further represents and warrants that all services shall be performed by qualified personnel in a professional and
workmanlike manner,consistent with industry standards,and that all services will conform to applicable
specifications.
12.Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be
construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part
of Contractor.Acceptance by the County of,or payment for,the services completed under this Agreement shall
not be construed as a waiver of any of the County's rights under this Agreement or under the law generally.
13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile
liability insurance required by the State of Colorado for the use of any personal vehicle.Proof of said automobile
liability insurance shall be provided to County prior to the performance of any services under this Agreement.
14. Indemnity. The Contractor shall defend,indemnify and hold harmless County,its officers,agents,and
employees,from and against injury,loss damage,liability,suits,actions,or claims of any type or character arising
out of the work done in fulfillment of the terms of this Contract or on account of any act,claim or amount arising
2
or recovered under workers'compensation law or arising out of the failure of the Contractor to conform to any
statutes,ordinances,regulation,law or court decree.
15. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder,without the prior written approval of County.
16.Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause
beyond its reasonable control,including but not limited to Acts of God,fires,strikes,war,flood,earthquakes or
Governmental actions.
17.Compliance with Law.Contractor shall strictly comply with all applicable federal and State laws,rules and
regulations in effect or hereafter established,including without limitation,laws applicable to discrimination and
unfair employment practices.
18. Non-Exclusive Agreement. This Agreement is nonexclusive,and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19.Entire Agreement/Modifications.This Agreement including the Exhibits attached hereto and incorporated
herein,contains the entire agreement between the parties with respect to the subject matter contained in this
Agreement.This instrument supersedes all prior negotiations,representations,and understandings or agreements
with respect to the subject matter contained in this Agreement.This Agreement may be changed or supplemented
only by a written instrument signed by both parties.
20.Fund Availability.Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated,budgeted and otherwise made available. Execution of this
Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest—C.R.S.§§24-18-201 et seq.and§24-50-507. The
signatories to this Agreement state that to their knowledge,no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.
22.Severability.If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable
by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to
the extent that this Agreement is then capable of execution within the original intent of the parties.
23.Governmental Immunity.No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied,of any of the immunities,rights,benefits,protections or other provisions,of the Colorado
Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
24.Force Majeure.Neither the Contractor nor the County shall be liable for any delay in,or failure of
performance of,any covenant or promise contained in this Agreement,nor shall any delay or failure constitute
default or give rise to any liability for damages if,and only to extent that,such delay or failure is caused by
"force majeure."As used in this Agreement,"force majeure"means acts of God,acts of the public enemy,
unusually severe weather,fires,floods,epidemics,quarantines,strikes,labor disputes and freight embargoes,to
the extent such events were not the result of,or were not aggravated by,the acts or omissions of the non-
performing or delayed party.
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25.No Third-Party Beneficiary. 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.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County,Colorado or its designee.
27.Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,shall be
applied in the interpretation,execution,and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
28. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any
previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld
county of the most recent employment for a PERA contributing employer.
29.Acknowledgment.County and Contractor acknowledge that each has read this Agreement,understands it
and agrees to be bound by its terms.Both parties further agree that this Agreement,with the attached Exhibits A
and B,is the complete and exclusive statement of agreement between the parties and supersedes all proposals or
prior agreements,oral or written,and any other communications between the parties relating to the subject matter
of this Agreement.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,
and year first above written.
dderhA)
COUNTY:ATTEST: G•eig0 g1 BOARD OF COUNTY COMMISSIONERS
Weld C du Clerk to the B and WELD COUNTY,COLORADO
By: /Or
Deputy CI: to th-Bo.,fr!A�/ 4- co) Ike Freeman,Chair
DEC 0 6 2023
4144111
qWi ONTRACTOR:
s hi ►• Esther Dennis
5502 West 3rd Street
Greeley,Colorado 80634
By: Ether R penn,,I.,19,2023 t 12s ms,
Esther Dennis
Date: Nov i9,2023
4
2o23-35yg
EXHIBIT A
SCOPE OF SERVICES
The County uses the National Training and Development Curriculum(NTDC)as pre-service training for foster
and kinship families.The NTDC model consists of foster parent self-assessment,classroom training and self-
guided continued learning.The goals of this training are improved stability for children placed in foster/kin
care,increased permanency rates for children and increased child and family well-being.The County would
like to contract with a foster parent as a co-facilitator in addition to the NTDC facilitators.
I) The Contractor will,at the time of entering into this Agreement,have:
a. Successfully completed the train the trainer training for the National Training and Development
Curriculum.
b. A minimum of one year as a certified foster parent,including at least one placement for a
minimum of six months.
c. Demonstrated growth in ability to parent children with challenges due to trauma.
d. A positive outlook on birth family and reunification.
e. Demonstrated ability to facilitate a group by having participated in Foster/Kinship Roundtables,
Welcome Nights or panels.Facilitation skills include,but are not limited to:
i. Objectivity;and
ii. Ability to read a room and facilitate accordingly by being flexible;and
iii. Ability to be realistic and present information without being negative
2) Responsibilities of the Contractor
a. Attend required train the trainer training for new curriculum
b. Prepare for NTDC training
i. Review facilitator guide for upcoming topics
ii. Prepare visual and audio materials
c. Assist with group training
i. Co-facilitate in person and virtual trainings
ii. Provide first-hand knowledge and experience
3) Responsibilities of the County:
a. Provide Contractor access to NTDC materials,both written and audio;and
b. Evaluate and assess the Contractor's performance and interactions;and
c. Review end of session evaluations completed by NTDC participants;and
d. Observe interactions of Contractor and provide feedback;and
e. Review all information with the Foster Care Supervisor,Resource Manager and Child Welfare
Division Head.
4) Expected Outcomes:
a. Increased retention with new foster families;and
b. More diverse training;and
c. Increased understanding of a realistic foster parent experience;and
d. Thorough understanding of roles and responsibilities of a foster parent;and back-up for the
5
NTDC Facilitators.
5) Contractor will become familiar with,and follow,all State and Federal rules and regulations applicable
to the services provided under this Agreement.
6
EXHIBIT B
RATE SCHEDULE
1) Funding and Method of Payment:
a. The County agrees to reimburse the Contractor in consideration of the work and services
performed under this Agreement at the rate specified in Paragraph 2,below.The total amount to
be paid to the Contractor during the term of this Agreement shall be reported by the County after
December 31,2024.
b. Expenses incurred by the Contractor prior to the term of this agreement are not eligible
expenditures and shall not be reimbursed by the County.
c. Payment pursuant to this Agreement,whether in whole or in part,is subject to and contingent
upon the continuing availability of said funds for the purposes hereof.In the event that said
funds,or any part thereof,become unavailable as determined by the County,County has the right
to terminate this Agreement,with or without cause on thirty(30)days written notice,or amend
accordingly.
2) Fees for Services:
a. Services rendered will be reimbursed at$35.00 per hour,with a maximum reimbursement up to
$1,050.00 per training cohort or$11,500.00 for the term of this Agreement.
b. Maximum hours reimbursable under this Agreement shall not exceed thirty(30)hours per
training cohort or three hundred thirty(330)hours for the term of this Agreement.
3) Submittal of Vouchers:
a. Contractor shall prepare and submit an invoice each month to the County to certify that the
services authorized were provided on the date(s)indicated and the charges made were pursuant
to the terms and conditions of Exhibit A.
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SIGNATURE REQUESTED: Weld/Esther
Dennis - Foster Parent Co-Facilitator PSA
Final Audit Report 2023-11-19
Created: 2023-11-13
By: Windy Luna(wluna@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAaFYHql4vIKHd4jIJYR2FOpf1kWilo1k
"SIGNATURE REQUESTED:Weld/Esther Dennis-Foster Pare
nt Co-Facilitator PSA"History
,n Document created by Windy Luna(wluna@co.weld.co.us)
2023-11-13-5:49:20 PM GMT
L,Document emailed to estherlove5@aol.com for signature
2023-11-13-5:50:16 PM GMT
,t Email viewed by estherlove5@aoicom
2023-11-14-3:13:00 AM GMT
t Email viewed by estherlove5@aol.com
2023-11-19-6:25:08 PM GMT
6®Signer estherlove5@aol.com entered name at signing as Esther R Dennis
2023-11-19-6:25:40 PM GMT
654 Document e-signed by Esther R Dennis(estherlove5@aol.com)
Signature Date:2023-11-19-6:25:42 PM GMT-Time Source:server
Q Agreement completed.
2023-11-19-8:25:42 PM GMT
. -
Adabe
Acrobat Sign
Contract Form
Entity Information
Entity Name* Entity ID* Q New Entity?
DENNIS,ESTHER @00037551
Contract Name* Contract ID Parent Contract ID
ESTHER DENNIS(PROFESSIONAL SERVICES AGREEMENT 7631
FOR FOSTER PARENT CO-FACILITATOR)
Contract Lead* Requires Board Approval
Contract Status WLUNA YES
CTB REVIEW
Contract Lead Email Department Project#
wluna@weldgov.com;cob
bxxlk@weldgov.com
Contract Description*
ESTHER DENNIS(PROFESSIONAL SERVICES AGREEMENT FOR FOSTER PARENT CO-FACILITATOR).TERM:JANUARY
1,2024 THROUGH DECEMBER 31,2024.
Contract Description 2
PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB 11/27/2023.
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT HUMAN SERVICES Date* 12/09/2023
12/13/2023
Amount* Department Email
$11,550.00 CM- Will a work session with BOCC be required?*
HumanServices@weldgov. NO
Renewable*
com
NO Does Contract require Purchasing Dept.to be
Department Head Email included?
Automatic Renewal CM-HumanServices-
DeptHead@weldgov.com
Grant
County Attorney
GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note:the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
10/31/2024
Termination Notice Period Committed Delivery Date Expiration Date*
12/31/2024
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
11/22/2023 11/26/2023 11/27/2023
Final Approval
BOCC Approved Tyler Ref#
AG 120623
BOCC Signed Date Originator
WLUNA
BOCC Agenda Date
12/06/2023
Hello