HomeMy WebLinkAbout20231983.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR NATIONAL
TRAINING AND DEVELOPMENT CURRICULUM (NTDC) FOR FOSTER AND KINSHIP
FAMILY PRE -SERVICE TRAINING INTERPRETER SERVICES, AND AUTHORIZE
CHAIR TO SIGN - RUBYANN MARKWORTH
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 the National Training and Development Curriculum (NTDC) for Foster and Kinship Family
Pre -Service Training Interpreter 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 Rubyann Markworth, commencing June 28, 2023, and ending June 30,
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 the National Training
and Development Curriculum (NTDC) for Foster and Kinship Family Pre -Service Training
Interpreter 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
Rubyann Markworth, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
CC: HsD
O7/25 /23
2023-1983
HR0095
AGREEMENT FOR PROFESSIONAL SERVICES FOR NATIONAL TRAINING AND
DEVELOPMENT CURRICULUM (NTDC) FOR FOSTER AND KINSHIP FAMILY PRE -SERVICE
TRAINING INTERPRETER SERVICES - RUBYANN MARKWORTH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of July, A.D., 2023, nunc pro tunc June 28, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtif44) i, jCL;4..
Weld County Clerk to the Board
Date of signature: •7/2y / L
2023-1983
HR0095
Crvad 1T)411610
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: June 27, 2023
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Agreement for Professional Services with Rubyann
Markworth for National Training and Development
Curriculum (NTDC) Interpreting 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
Rubyann Markworth for National Training and Development Curriculum (NTDC)
Interpreting Services. The Department is requesting to enter into an Agreement with Rubyann
Markworth for interpreter services utilizing the National Training and Development Curriculum
(NTDC). Ms. Markworth will assist with interpreting trainings for Spanish-speaking foster or
kinship families who are in the process of becoming certified.
The term of this agreement is June 28, 2023 through June 30, 2024, with the option to extend
annually upon mutual agreement of both parties. Services will be reimbursed at $35.00 per hour,
for time spent in NTDC trainings with Spanish-speaking foster/kinship families.
I do not recommend a Work Session. I recommend approval of this Agreement and authorize the
Chair to sign.
Approve
Recommendation
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session
Other/Comments:
Pass -Around Memorandum; June 27, 2023 — CMS ID 7190 Page I
2023-1983
7/(2, H-1-0095
Karla Ford
From:
Sent:
To:
Subject:
Approve
Mike Freeman
Wednesday, June 28, 2023 9:36 AM
Karla Ford
Re: Please Review - PA FOR ROUTING: Rubyann Markwork - NTDC Training Interpreter
PSA
Sent from my 'Phone
On Jun 28, 2023, at 5:05 PM, Karla Ford <kford@weld.gov>wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<image002.jpg>
Confidentiality Notice: 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.
From: Lesley Cobb <cobbxxlk@weld.gov>
Sent: Wednesday, June 28, 2023 9:02 AM
To: Karla Ford <kford@weld.gov>
Cc: Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Chris D'Ovidio
<cdovidio@weld.gov>; Esther Gesick <egesick@weld.gov>; Lennie Bottorff <bottorll@weld.gov>; HS -
Contract Management <HS-ContractManagement@co.weld.co.us>
Subject: PA FOR ROUTING: Rubyann Markwork - NTDC Training Interpreter PSA
Good morning,
We have been notified that the Commissioner Coordinator meeting for this week was
cancelled. Attached please find the PA for Rubyann Markwork - NTDC Training Interpreter PSA that was
approved for routing to all five Commissioners.
Thank you!
Lesley Cobb
Contract Management and Compliance Supervisor
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
1
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND RUBYANN MARKWORTH
THIS AGREEMENT is made and entered into this 12111 day of ,kkI , 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 Rubyann Markwork, who whose address is 3903 West 30th Street Road, 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. Exhibit A
and Exhibit 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 Exhibit A
and B.
3. Term. The term of this Agreement shall be from June 28, 2023, through June 30, 2024, or Contractor's
completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and
agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County
for periods longer than one year. 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 $35.00 per hour, as
outlined in Exhibt B, 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,
i
atoag- /93
it will remit payment to Contractor.
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. County shall have the right in its reasonable discretion to approve all personnel assigned to the
Work during the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by
County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the
terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which
Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to
enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall
cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees
and subcontractors.
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. In addition, all reports, documents, data, plans,
drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test
results and all other tangible materials obtained and/or produced in connection with the performance of this
Agreement, whether or not such materials are in completed form, shall at all times be considered the property of
the County. Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -
confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the
provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents. 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.
2
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. 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 any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or
omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or
on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of
the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or
court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement or its failure
to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary
loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the
award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers
for losses arising from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
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. Any attempts by Contractor to assign or transfer its
rights hereunder without such prior approval by County shall, at the option of County, automatically terminate
this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and
absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving all matters
and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from
the date of the last payment received.
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
3
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. Survival of Termination. The obligations of the parties under this Agreement that by their nature would
continue beyond expiration or termination of this Agreement (including, without limitation, the warranties,
indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration
or termination.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
4
29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal
costs incurred by or on its own behalf.
30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null
and void.
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, 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:
BY:
BOARD OF COUNTY COMMISSIONERS
rk to the Bo d WELD COUNTY, COLORADO
Deputy Cl
Mike Freeman, Chair
JUL 1 2 2023
QNTRACTOR:
Rubyann Markworth
3903 West 30' Street Road
Greeley, Colorado 80634
By: Rub nn Blanco (Jun 30, 2023 17:42 MDT)
Rubyann Markworth
Date: Jun 30, 2023
5
02002c5—/ 98,3
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
placed in foster/kin care, and increased permanency rates for children and increased child and
family well-being. There is need for this training to be available to Spanish-speaking families
that would like to get certified for foster or kinship care as well. This agreement is with a
Spanish-speaking foster parent who can aid in interpreting the training as they go through it.
1) The Contractor will, at the time of entering into this Agreement, have:
a. Successfully completed the pre -service training for the NTDC.
b. Possess the language skills to be able to interpret spoken and written training
materials into English and vice versa.
2) Responsibilities of the Contractor
a. Attend the NTDC training with the incoming Spanish speaking foster/kin parent.
b. Interpret spoken and written materials for the incoming foster/kin parent.
3) Responsibilities of the County:
a. Provide Contractor with the date, time, and location when interpretation is
needed.
b. Follow up with incoming foster/kin parents to ensure the interpretation was
adequate.
c. Review information with the Foster Care Supervisor, Resource Manager and
Child Welfare Division Head.
4) Expected Outcomes
a. Ease of certification and training for Spanish speaking foster and kin families.
b. Increase timeliness for certification for Spanish speaking foster and kin families.
c. Increased diversity in incoming foster and kin families.
5) Contractor will become familiar with, and follow, all State and Federal rules and
regulations applicable to the services provided under this Agreement.
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 $35.00 per hour.
b. The hourly rate will include interpretation time spent in NTDC trainings with
Spanish-speaking foster/kin parents as indicated in Exhibit A, Scope of Services.
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.
Contract Form
New Contract Request
Entity Information
Entity Name"
MARKWORTH, RUBYANN
Entity ID*
L.00041693
Contract Name"
MARKWORTH, RUBY ANN (PROFESSIONAL SERVICES
AGREEMENT - INTERPRETER SERVICES)
Contract Status
CT6 REVIEW
❑ New Entity?
Contract ID
7190
Contract Lead"
COBEIXXLK
Contract Lead Email
cabbxxlkAco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description*
NEW PROFESSIONAL SERVICES AGREEMENT FOR FOSTER AND KINSHIP FAMILY PRE -SERVICE TRAINING INTERPRETER SERVICES.
935.00,`PER HOUR, TERM: JUNE 20, 2023 TO JUNE 30, 2024.
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CT6 7;'5,23.
Contract Type"
AGREEMENT
Amount
90.00
Renewable"
NO
Automatic Renewal
Grant
Department
HUMAN SERVICES
Department Email
CM -
H umanSe rvicesO'weldgov.co
Department Head Email
CM-HumanServices-
OeptHeadU'weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY`WELDG
OV,COM
Requested 11OCC Agenda
Date'
07:192023
Due Date
07,15 '2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Il this is a ren tl enter previious 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
OnBase
ntract Dates
Effective Date
Review Date"
30;2024
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Expiration Date*
06/20/2024
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
07;'06/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07, 12,'2023
Originator
COEBXXLK
Finance Approver
CHERYL PATTELLI
Legal Counsel
ADRIA SCHIEL
Finance Approved Date Legal Counsel Approved Date
07;`061202 3 07/06x'2023
Tyler Ref #
AG 071223
Hello