HomeMy WebLinkAbout20183915.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR RECRUITMENT OF
FOSTER HOMES FOR CHILDREN WITH CHRONIC HEALTH CONDITIONS AND
AUTHORIZE CHAIR TO SIGN - NORTH COLORADO HEALTH ALLIANCE (NCHA)
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 Recruitment of Foster Homes for Children with Chronic Health Conditions 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 North Colorado Health Alliance (NCHA),
commencing September 1, 2018, and ending June 30, 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 Recruitment of Foster Homes
for Children with Chronic Health Conditions 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 North Colorado Health Alliance (NCHA), 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 5th day of December, A.D., 2018, nunc pro tunc September 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:cl
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Weld County Clerk to the Board
BY:
Deputy C
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ounty mey
SteMoreno, Chair,
ie A. Cozad
XCUSED
Mike Freeman
Date of signature:
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2018-3915
HR0089
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: October 10, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Agreement for Professional Services with North
Colorado Health Alliance (NCIIA)
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' Agreement for Professional Services with
North Colorado Health Alliance (NCHA). The Department is contracting with the NCHA to
recruit and retain medical professionals or other appropriately trained health care individuals as
foster care providers. These providers will specifically be recruited for medically fragile
children, children with chronic health conditions and children with other special health needs that
require a higher level of care and skill. NCHA will collaborate with the Department at
recruitment venues and present at recruitment events a minimum of one (I) time per month.
Services under this Agreement will be reimbursed at $45.00/hour for time in presentations,
meetings, preparation time, and travel time if the event is over one hour away. This Agreement
is effective September 1, 2018 through June 30, 2019.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Schedule
Recommendation Work Session
Other/Comments:
Sean P. Conway
Julie A. Cozad,
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
‘007-
2018-3915
Pass -Around Memorandum; October 10, 2018 — ID 1969
Page I
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & NORTH COLORADO HEALTH ALLIANCE
(RECRUITMENT OF FOSTER HOMES FOR CHILDREN WITI I CHRONIC
HEALTH CONDITIONS)
THIS AGREEMENT is made and entered into this /0 day of QcJp f gy , 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 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County," and North Colorado Health Alliance (NCHA), is a 50I (c)(3) non-
profit organization, who whose address is 2930 1 I th Avenue. Evans. Colorado 80620, hereinafter
referred to as "Contractor".
WHEREAS, County desires to retain Contract Professional as an independent Contract
Professional to perform services as more particularly set forth below; and
WHEREAS, Contract Professional 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, Contract Professional 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 forms an integral part of this Agreement. Exhibits A and B is
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 begins on September 1, 2018 and shall continue through
and until June 30, 2019. This contract 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.
o2.o/fl-,5
6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project,
and County's acceptance of the same, County agrees to pay an amount no greater than
$45.00/hour, which is the amount set forth in Exhibit B. 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 employeebenefits 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.
10. 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.
11. 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.
12. 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)
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The policy shall cover professional misconduct or lack of ordinary skill for those positions defined
in the Scope of Services of this contract. 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 Contract resulting from professional
services. In the event that the professional liability insurance required by this Contract is written
on a claims -made basis, Contract Professional warrants that any retroactive date under the policy
shall precede the effective date of this Contract; 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 Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
13. 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 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.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein
or claim thereunder, without the prior written approval of County.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
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20. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-1S-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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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
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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 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 Contractor
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 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.
28. 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
Cam( COUNTY:
ATTEST: d�rt- ,v•'gi BOARD OF COUNTY COMMISSIONERS
Weld su ty Clerk tothe Beard
By:
Deputy Clerk t t e : oar
6
WELD COUNTY, COLORADO
Steve Moreno, Chair DEC 05 2016
CONTRACTOR:
North Colorado Health Alliance
2930 11 th Avenue
Evans, Colorado 80620
(970)350-4673
By:
Date:
anna Martinson, Director of Care
Coordination
/a�10 )490I6
EXHIBIT A
SCOPE OF SERVICES
1. Goal of Services:
To increase the number of foster families that are willing and able to accept and care
for medically fragile children, children with chronic health conditions and children
with other special health needs that require a higher level of care and skill.
2. Contractor's Role and Responsibilities:
a. Contractor's Registered Nurses, herein after referred to as "R.N." and
Director of Care Coordination will closely work with the Department to
recruit and retain medical professionals or other appropriately trained health
care individuals as providers of foster care. Services will include but are not
limited to; recruitment/sustainability nursing consultation, medical foster
care recruitment services including attending and presenting at open houses,
Welcome Nights, group meetings, and individual meetings, as requested by
the Department. Appropriate health care individuals can include:
Physicians, RN's, LPN's, Medical Assistants, Certified Nurse Aides, school
health care professionals, Nurse Practioners, Physician Assistants, or
individuals trained to provide trauma informed care.
b. Contractor will collaborate with the department on potential medical/health
care provider recruitment venues, prepare marketing material samples and
present at all events as requested.
c. Contractor will submit a monthly invoice to the Department by the 7th of
the month for services rendered in the prior month.
d. Contractor will submit a roster of attendees for each recruiting venue by
the 7th of the month regarding recruitment efforts rendered in the prior
month.
3. Department's Role and Responsibilities:
a. Department will work closely with Contractor to recruit and retain medical
professionals as providers of foster care by ensuring that Contractor is
provided with sufficient information regarding the Department's recruitment
process, information sharing opportunities, diligent recruiting efforts and any
medical professional foster care needs.
b. Department will work collaboratively with Contractor regarding potential
medical/health provider recruitment venues, as well marketing material
samples, submitted by the Contractor.
c. Department will receive, and review invoices submitted by Contractor on a
monthly basis and process for payment per Exhibit B, Payment Schedule.
d. Department will receive rosters submitted by Contractor on a monthly basis
and provide Contractor with feedback as necessary to ensure data and
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information meet the needs of both parties.
4. Service Accessibility:
a. Services will be accessible to potential Weld County medical professional
foster parents and Department caseworkers and supervisors for the purpose
of recruitment.
5. Measurable Outcomes of Collaborative Efforts:
a. At least one (1) foster homes for medically fragile children with chronic health
conditions will be recruited by June 30, 2019.
b. Will present at a minimum of one (1) venue per month for stated purpose of
recruitment of medical/health care trained individuals.
c. A minimum of eight (8) homes will be identified. A minimum of four
(4) of the eight (8) will be certified and ready to placement by June 30,
2019. These homes will be families that will be skilled in other special
needs identified by the County. These include families for large sibling
groups, children in need of step-down placement from residential care,
behavioral and mental health needs, acute and other medical needs such
as feeding issues, trauma challenges, diabetes and other identified
medical needs.
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EXHIBIT B
PAYMENT SCHEDULE
I. Funding and Method of Payment
The Department 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 Department in Trails after June 30, 2019.
Expenses incurred by the Contractor prior to the term of this agreement are not
eligible Department expenditures and shall not be reimbursed by the
Department.
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
Department, the Department may immediately terminate the Agreement or amend it
accordingly.
2. Fees for Services
$45.00/Hour (Time in presentations, meetings, preparation time and travel time if
event is over one hour away.)
Contractor may not attempt to collect co -pays and/or fees for services for which a
Department client is responsible, but which a particular client refuses or fails to pay.
Contractor will collect any applicable sliding scale co -pays and credit the Department
for any payment received on the monthly billing
3. Submittal of Vouchers
Contractor shall prepare and submit monthly an itemized voucher certifying that
services authorized were provided on the date(s) indicated and the charges made
were pursuant to the terms and conditions of Paragraph 3 and Exhibit A.
Contractor shall submit all monthly billings and applicable reports to the Department
by the 7th day of the month following the month the cost was incurred. Failure to
submit by the aforementioned deadline may result in forfeiture of payment.
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