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Home My WebLink About20231386.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR FOSTER PARENT TRAINING AND CO -FACILITATOR SERVICES, AND AUTHORIZE CHAIR TO SIGN - NICHOLE SNOW 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 Nichole Snow, commencing April 25, 2023, and ending December 31, 2023, 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 Nichole Snow, 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 17th day of May, A.D., 2023, nunc pro tunc April 25, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datotivo ;(0k Weld County Clerk to the Board Att `ey Date of signature: O5 /3O/,2 TitSc Mi man, Chair Sc r L. Bu Pro-Tem tt K. James cc O6/o f a3 2023-1386 HR0095 OOn+vaci- IDtktoq30 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: May 9, 2023 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Agreement for Professional Services with Nichole Snow for Foster Parent Co -Facilitator Services Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Agreement for Professional Services with Nichole Snow for Foster Parent Co -Facilitator Services. The Department is requesting to enter into an Agreement with Nichole Snow as a Foster Parent Co -Facilitator. Utilizing the National Training and Development Curriculum (NTDC), Ms. Snow will assist with group trainings and provide first-hand knowledge and experience as a pre -service training for foster and kinship families. The term of this agreement is April 25, 2023 through December 31, 2023, with the option to extend annually upon mutual agreement of both parties. Services will be reimbursed at $30.00 per hour, with a maximum reimbursement up to $900.00 per training cohort or $9,900.00 for the term of this Agreement. I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to sign. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Approve Recommendation Schedule Work Session Other/Comments: Pass -Around Memorandum; May 9, 2023 - CMS ID 6950 Page 1 2023-1386 5/11 N 12-00GtS WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND NICHOLE SNOW (FOSTER PARENT TRAINING CO -FACILITATOR) THIS AGREEMENT is made and entered into this 11 day of 1'' ` , 2023, by and between the County of Weld, a body corporate and politic of the State of Colorado, by an through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Nichole Snow, who whose address is 1706 Bounty Drive, Windsor, Colorado 80550, 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 April 25, 2023, through December 31, 2023, 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 $9,900.00 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. ozoO2& - ��b 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 aid 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. 3 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 pasties 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. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien wilhia three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contactor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby 4 swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 30. 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. COUNTY: ATTEST: W,..„a444) Jer140 ei Weld • ty Clerk to th Board By: ��':��i/�.� Deputy C ► k to the :`!1d 40, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair MAY 1 7 2023 ONTRACTOR: Nichole Snow 1706 Bounty Drive Windsor, Colorado 80550 By: Nichole Snow (May 8, 202312:28 MDT) Nichole Snow Date: May 8, 2023 5 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 Teaming. 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. 1) 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 6 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. 7 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, 2023. 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 $30.00 per hour, with a maximum reimbursement up to $900.00 per training cohort or $9,900.00 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. 8 SIGNATURE REQUESTED: Weld/Nichole Snow - Foster Parent Co -Facilitator Agreement Final Audit Report 2023-05-08 Created: 2023-05-08 By: Lesley Cobb (cobl.odk@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAvfHNKppD_8Nzd74u37RhiIJ7-P08EgUK "SIGNATURE REQUESTED: Weld/Nichole Snow - Foster Pare nt Co -Facilitator Agreement" History '5 Document created by Lesley Cobb (cobbxxlk@co.weld.co.us) 2023-05-08 - 6:04:01 PM GMT- IP address: 204.133.39.9 2+ Document emailed to Nichole Snow (nsnow11 @gmail.com) for signature 2023-05-08 - 6:04:51 PM GMT 5 Email viewed by Nichole Snow (nsnow11 @gmail.com) 2023-05-08 - 6:05:36 PM GMT- IP address: 64.233.172.238 Oj Document e -signed by Nichole Snow (nsnow11@gmail.com) Signature Date: 2023-05-08 - 6:28:39 PM GMT - Time Source: server- IP address: 71.205.151.84 Agreement completed. 2023-05-08 - 6:28:39 PM GMT Powered by Adobe Acrobat Sign Contract Form New Contract Request Entity Information Entity Name* SNOW, NICHOLE ❑ New Entity? Entity ID* O0047050 Contract Name* SNOW, NICHOLE (PROFESSIONAL SERVICES AGREEEMENT FOR FOSTER PARENT CO -FACILITATOR SERVICES) Contract Status CTB REVIEW Contract ID 6950 Contract Lead* COBBXXLK Contract Lead Email cobbxxlk@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Contract Description* NEW PROFESSIONAL SERVICES AGREEMENT FOR FOSTER PARENT CO -FACILITATOR SERVICES. TERM 4:'25 23 TO 12 31 23, AGREEMENT MAX $9,900.00. Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS, ETA TO CTB 5 1 1 23. Contract Type* AGREEMENT Amount* $9,900.00 Renewable* NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServicescweldgov.co Department Head Email CM -Hu manServices- DeptHead gweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY OWELDG OV.COM Requested BQCC Agenda Date* 05 24,2023 Due Date 05 20 2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 10131:2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12 29:2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH DH Approved Date 05x'10,2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05,'17/2023 Originator COBBXXLK Finance Approver CHRIS D'OVIDIO Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 05; 1©/2023 05;'11/2023 Tyler Ref # AG 051723 Hello