HomeMy WebLinkAbout20183182.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR ASSESSMENT OF
CHILD WELFARE ADOPTION PROGRAM AND AUTHORIZE CHAIR TO SIGN -
CONSTANCE VIGIL
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 Assessment of Child Welfare Adoption Program 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 Constance Vigil, commencing August 1, 2018, and ending
July 31, 2019, 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 Assessment of Child Welfare
Adoption Program 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
Constance Vigil, 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 3rd day of October, A.D., 2018, nunc pro tunc August 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiftdv Xii,o;vk
Weld County Clerk to the Board
BY: .e, C� •
e 9
puty Clerk to the Board
APPROV
County Attorney
Date of signature: IC7l a9 f(s.•
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer fy-Tem
can P. Conway
Mike Freeman
Gc HSCD
►d /3O/Is-
2018-3182
HR0089
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: September 13, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Agreement for Professional Services with Constance Vigil
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 Departments' Professional Services Agreement for Leadership and Team
Development. The Department is requesting an Agreement for Professional Services with Constance Vigil to
assess the Department's Adoption Program's practices, procedures and roles/responsibilities. Ms. Vigil has
been an Adoption Specialist with the State of Colorado for over 20 years and is well known for her expertise in
the area of adoption. Following a thorough assessment, Ms. Vigil will provide clear recommendations for
improvement in the areas noted above and will acknowledge promising practices that are already in place.
Recommendations will be presented to appropriate Department staff and a written report will be provided.
The term of this Agreement is August 1, 2018, through July 31, 2019. Services will be reimbursed at $30.00
per hour with additional costs for travel and mileage. Maximum reimbursement allowable under the agreement
is $16,000.00.
I do not recommend a Work Session. I recommend approval of this Agreement.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-tem
Steve Moreno, Chair
1O/3
Approve Schedule
Recommendation Work Session
Other/Comments:
2018-3182
Pass -Around Memorandum; September 13, 2018 (CMS 2045) Page 1
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND CONSTANCE VIGIL
(ASSESSEMENT OF WELD COUNTY CHILD WELFARE ADOPTION PROGRAM)
THIS AGREEMENT is made and entered into this sJ_ day ofU1, 2018, 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 1 150 "O" Street, Greeley,
Colorado 80631 hereinafter referred to as "County," and Constance Vigil, whose address is 4663
West Tufts Circle, Denver, Colorado 80236, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor as an independent Contract Professional
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 Exhibits A and B which form an integral part of this Agreement. Exhibits A and
B are specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in Exhibit A.
3. Term. The term of this Agreement shall be from August 1, 2018, through July 31, 2019, 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.
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6. Compensation/Agreement Amount. County agrees to pay an amount no greater than the
rates set forth in Exhibit B, not to exceed $16,000.00 for the term of this Agreement. County
agrees to pay Contractor through an invoice process during the course of this Agreement in
accordance with the Scope of Services as described in Exhibit A. 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. 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.
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. Professional Liability (Errors and
Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for
those positions defined in the Scope of Services of this Agreement. Contract Professional shall
maintain limits for all claims covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of operations under this
Agreement resulting from professional services. In the event that the professional liability
insurance required by this Agreement is written on a claims -made basis, Contract Professional
warrants that any retroactive date under the policy shall precede the effective date of this
Agreement; and that either continuous coverage will be maintained or an extended discovery
period will be exercised for a period of two (2) years beginning at the time work under this
Agreement is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
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 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,
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 Agreement 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. 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.
25. 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.
26. 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.
27. 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.
28. 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 Agreement. 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 within
three (3) days of receiving notice. Contractor shall not terminate this Agreement 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 Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring an new employee to perform
work under this Agreement, 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 this Agreement, 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 this Agreement. If Contractor operates as a sole proprietor, it hereby 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 this Agreement.
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.
COUNTY:
ATTEST: • eid.0•IA BOARD OF COUNTY COMMISSIONERS
Weld s unty Clerk to the B . . d WELD COUNTY, COLORADO
Deputy Cl
Steve Moreno, Chair OCT 0 3 2018
Constance Vigil
4663 West Tufts Circle
Denver, Colorado 80236
(303) 264-7223
By: &Z '411
Date:
Al)
Constance Vigil
gni8
EXHIBIT A
SCOPE OF SERVICES
Weld County has identified the need to assess the practices, procedures and responsibilities of the Weld County
Adoption Program unit. Under this agreement, Constance Vigil, "Contractor", will complete the services set forth
below, identified as "Contractor's Responsibilities Under this Agreement." At the end of the assessment process,
Contractor will meet with identified County staff to discuss possible changes to the practices and procedures as well
as recognizing promising practices that are already in place. Contractor will provide a detailed written report
following completion of the assessment.
EXPECTED OUTCOMES
I. Thorough assessment of the Weld County Adoption Program unit to include all practices, procedures and
roles/responsibilities.
2. Clear recommendations for improvement of current practices, procedures and roles/responsibilities, and
recommendations for future changes.
3. Recognition of promising practices currently in place.
CONTRACTOR'S RESPONSIBILITIES UNDER THIS AGREEMENT
I. Work collaboratively and meet with County on an ongoing basis to ensure open communication,
contractual obligations are met, and to strengthen the intent of this Agreement.
2. Review the adoption process from the time that a child/sibling group is first identified to the adoption unit
and to continue the review through adoption assistance agreement approval to finalization and post -
finalization services.
a. Obtain input from any and all staff who have the most information about this process.
b. Look at the various teams and decisions that are made once it is clear that the child/sibling group
is going to be adopted.
c. Look at the FAST/matching process.
d. Look at how recruitment is done by each worker to assure that the child/sibling group receives the
best services to be able to find the best adoptive family.
e. Look at how the adoptive families are supported throughout the process.
f. Look at how families are given information about their prospective adoptive child/sibling group.
3. Review the adoption assistance process
a. Obtain input from any and all staff who have the most information about this process.
b. Look at sample adoption assistance agreements, paperwork and the process to approval of the final
adoption assistance agreement.
c. Look at the latest adoption assistance agreement review completed by the State Adoption
Administrator.
d. Look at who is required to be a part of the process as well as those individuals who should not be a
part of the final agreement.
4. Review the post -finalization resources and process
a. Obtain input from any and all staff who have the most information about this process.
b. Look at what is occurring today as well as the plans for future services to families through the
Family Resource Division.
c. Make suggestions for future possibilities and support of families.
5. Present suggested changes, program strengths and areas needing improvement to workers, supervisors,
administrators, directors, county attorneys and any other professionals whom the County identifies.
6. Provide a written report that details assessment and recommendations for the Weld County Child Welfare
Adoption Program upon completion of all final presentations.
7. Submit monthly itemized invoices as set forth in Exhibit B, Payment Schedule.
COUNTY'S RESPONSIBLITIES UNDER THIS AGREEMENT
1. Work collaboratively and meet with Contractor on an ongoing basis to ensure contractual obligations are
met and to strengthen the intent of this Agreement.
2. Provide timely and adequate access to all applicable staff and documentation necessary for Contractor to
successfully complete the services requested under this Agreement.
3. County's identified representative, as set forth in Exhibit B, shall review and approve Contractor's itemized
monthly invoice timely and submit for payment per County process.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
The County agrees to reimburse the Contractor in consideration of the work and services
performed under this Agreement at the rates 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 June 30, 2019.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible
County expenditures and shall not be reimbursed by the County. 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, the County may
immediately terminate the Agreement or amend it accordingly.
2. Fees for Services
$30.00/Hour (All services as set forth in Exhibit A — Reviewing, interviewing, assessing,
report writing, presenting.)
$10.00/Hour (Travel time from 4663 West Tufts Circle, Denver, Colorado 80236, to the
Weld County Department of Human Services, 822 7th Street, Greeley, Colorado 80631.)
Mileage shall be reimbursed at two cents below the most current IRS rate/mile.
3. Submittal of Vouchers
Contractor shall prepare and submit monthly an itemized invoice by the 7`" of the month
to the identified County representative.
Heather Walker, Division Head
Weld County Department of Human Services
Division of Child Welfare
P.O. Box A
Greeley, Colorado 80631
walkerhd@weldgov.com
(970) 400-6218
Contractor shall certify that services authorized were provided on the date(s) indicated
and the charges made were pursuant to the terms and conditions of this Agreement.
Failure to submit by the aforementioned deadline may result in forfeiture of payment.
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