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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE:
TO:
FR:
RE:
February 14, 2017
Board of County Commissioners — Pass -Around
Judy A. Griego, Director, Human Services
Weld County Department of Human Services'
Professional Agreement Amendment with United
Way for Quality Child Care Task Force
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 Professional Agreement Amendments for
Quality Child Care Projects. On June 6, 2016, the Board approved a professional agreement
with United Way Promises for Children to monitor a Child Care Quality Improvement Task
Force.
We are requesting to amend the agreement to extend the completion date to March 31, 2017.
The majority of the work has been completed and invoiced as outlined in the original scopes of
work and timeline. The extension will provide additional time for completion of the final reports
and presentation to the Department.
I do not recommend a Work Session. I recommend approval of the amendment.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Approve
Recommendation
sze
pif
¢w
Schedule
Work Session
Other/Comments:
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Pass -Around Mernora
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Page 1
CONTRACT AGREEMENT AMENDMENT
BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND UNITED WAY OF WELD COUNTY
This Agreement Amendment, made and entered into 2 7 t hLday of Ma r c h , . 2 017 by and between the Board
of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the
"Department", and United Way of Weld County, hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an Agreement to provide professional services for a Quality Child Care Task
Force, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document
No. 2016-1743 approved on March 20. 2016.
WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of
the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the panics hereto covenant and agree as follows:
• The Original Agreement will end at Completion of Contractor's work described in Exhibit A.
• The Amendment, together with the Original Agreement constitutes the entire understanding between the panics.
The following change is hereby made to the Contract Documents:
1. The original scope of work is amended to provide work to be completed and final report to be written and
delivered to WCDHS by March 31. 2017
2. Original agreement item #6 will be amended to extend completion date of original scope of work to March 31,
2017.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day. month, and year first above
written.
ATTEST
Weld C
By:
COUNTY;
BOARD OF COUNTY COMMISSIONERS
WELD CO N . COLO
Julie A. Cozad, Chai
CONTRACTOR;
United Way of Weld County
PO Box 1944
Greeley, CO 8063
3,
MAR 272017
Con ctor's (or designee's) Signature
an • • ate a _ iffy _ �'7
do/ o, / 7 5
RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR CHILD CARE
QUALITY IMPROVEMENT TASK FORCE AND AUTHORIZE CHAIR TO SIGN - UNITED
WAY OF WELD COUNTY
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 Child Care Quality Improvement Task Force 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 United Way of Weld County, commencing upon execution and ending
October 24, 2016, 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 Child Care Quality
Improvement Task Force 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 United Way of Weld County be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAdkiS ; I,
Weld County Clerk to the Board K
-f/ 13/0016
County Attorney
Date of signature
Mike Freeman, Chair
Senway, Pro-Te .
Steve Moreno
CG; H50CJGicon )
wit&/'OfCO
2016-1743
HR0087
NMraci lD theb
MEMORANDUM
DATE: June 6, 2016
TO: Board of County Commissioners
FR: Judy A. Griego, Director, Human Services
RE: Child Care Agreements
On May 5, 2016, a Work Session was held regarding Child Care. During the Work Session, the
Board approved the development and funding of multiple contracts with United Way in three
specific areas:
• Quality Child Care Task Force
• Weld County Child Care Market Rate Survey
• Weld County Child Care Needs Assessment
The agreements were developed with the guidance of Karin McDougal, and the scope of work
is consistent with our needs and the Board's direction. We are requesting approval of the
contracts and scope of work.
2016-1743
&boil
Informational Memorandum; June 6, 2016 Page 1
WELL) COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & UNITED WAY OF WELD COUNTY
CHILD CARE QUALITY IMPROVEMENT TASK FORCE
THIS AGREEMENT is made and entered into this 3'd day of .tune. 2016, 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 United Way of Weld County, a nonprofit
organization, whose address, 814 9111 Street, Greeley Colorado 8063 I, hereinafter referred to as "Contractor".
WHEREAS, Count- 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 Exhibit A which
forms an integral part of this Agreement. Exhibit A 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 March 20, 2016 and shall continue through and until Contractor's
completion of the responsibilities described in Exhibits A, unless terminated in accordance with Section 4 of this Agreement.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice.
Furthermore, this Agreement may he 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 Contractor an amount no greater than Twenty Nine
Thousand Two Hundred and Ten Dollars ($29.210.00). as set forth in Exhibit A, Scope of Work &Budget. County agrees
to pay Contractor through an invoice process during the course of the contract in accordance with Exhibit A, Scope of
Work and associated expenses. Contractor agrees to submit invoices which detail the work completed by the 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 the Contractor. Contractor agrees to work within the confines of the Scope of Work
outlined in Exhibit A, with the full scope of work being completed by October 24, 2(-)16. 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
olaiG-17Vb
•
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. The County gives the Contractor permission to use the work
and information developed under this Agreement for purposes of supporting other caregivers and communities within our
state to develop Quality Improvement initiatives.
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 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
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 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.
1:\Files - Word\Promises for Children\Early Childhood Council\Child Care Quality Task Force 2016\3rd revision Contract For United
Way DHS Ql Task Force.docx
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. 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.
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Way DI IS QI Task Force.doc
dln
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 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 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
an 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.
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, 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.
3a�i joint
IN WITNESS WHEREOF, the parties hereto have signed this Agreement thisday of 1, 2016.
CONTRACTO•:
ited Way of Weld County
Name:
Title:
Q
Date
(L lc'
WELD COUNTY,.
ATTEST: :4 C/• �C���l�.
Weld Co Clerk to the Boar -
BY:
Deputy Clef' to tee board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Freeman Chair
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Way _ DHS QI Task Force.docx
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APPROVED AS TO FUNDING:
APPROVED AS TO SUBSTANCE:
Cbunty Attorney
Controller
APPROVED AS TO FORM:
"ecs-C
DirecCor of General Services
1:vvFiles - Word\Promises for Children\Early Childhood Council\Child Care Quality Task Force 2016v3rd revision Contract For United
Way _ DHS Q1 Task Force.docx
Workplan for: Child Care Quality Improvement Task Force Exhibit A
Monitored by: United Way of Weld County- Promises for Children
Specific key activities
and their details
(subtasks)
I
Due Date I
Who?
I
Budget
TasksI
Phase 1
Meetings with DHS
4/30/2016
UWWC Staff
Research & Hire Facilitator
4/30/2016
UWWC Staff
Consult with Facilitator for Task Force Design
4/30/2016
PFC Director/DHS rep
Recruit Task Force Members
4/30/2016
PFC Director/DHS rep
Research School Age documents
4/30/2016
PFC Director/DHS rep
Phase 1 (sub
total)
$2,300
Meeting #1 — review research for focus group area, start to draft plan
6/30/2016
Facilitator, UWWC
staff/DHS rep, task force
Phase II School Age
meetings & Prep
FFN meeting
Meeting #2 — develop method of measurement of quality
6/30/2016
Facilitator, UWWC
staff/DHS rep, task force
Meeting #3 — draft how to implement quality rating system; identify who is
responsible
6/30/2016
Facilitator, UWWC
staff/DHS rep, task torte
Meeting #4 — consider overall process efficacy; look at plan outline; clean up
loose ends
6/30/2016
Facilitator, UWWC
staff/DHS rep, task force
Community Input meeting for School Age group
6/30/2016
Community members,
task force members &
Meeting #5- Meet with Full Task Force to review public comment
6/30/2016
Facilitator, UWWC
staff/DHS rep, task force
Final Report for school age group submitted to Weld County Department of
Human
6/30/2016
Facilitator, UWWC
staff/DHS rep, task force
I
Phase II (sub total)
$8,220
1
Workplan for: Child Care Quality Improvement Task Force Exhibit A
Monitored by: United Way of Weld County- Promises for Children
Tasks
Specific
key activities and their details
(subtasks)
I Due Date
Who? I
Budget
Phase Ill FFN
Meetings & Prep
for Community
Partners meetings
Meeting #1 — review research for focus group area, start to draft plan
8/30/2016
_
Facilitator, UWWC
staff/DHS rep,
task force
Meeting #2 — develop method of measurement of quality
8/30/2016
Facilitator, UWWC
staff/DHS rep,
task force
Meeting #3 — draft how to implement quality rating system; identify who is
responsible
8/30/2016
Facilitator, UWWC
staff/DHS rep,
task force
Meeting #4 — consider overall process efficacy; look at plan outline; clean up
loose ends
8/30/2016
Facilitator, UWWC
staff/DHS rep,
task force
Community Input meeting for School Age group
8/30/2016
Community members,
task force members &
Meeting #5- Meet with Full Task Force to review public comment
6/30/2016
Facilitator, 11WWC
staff/DHS rep, task force
Final Report for school age group submitted to Weld County Department of
Human
8/30/2016
Facilitator, UWWC
staff/DHS rep,
task force
Phase III
(sub total)
$10,470
Meeting #1 — review research for focus group area, start to draft plan
10/15/2016
Facilitator, UWWC
staff/DHS rep, task force
Meeting #2 — develop method of measurement of quality
10/15/2016
Facilitator, UWWC
staff/DHS rep, task force
Meeting #3 — draft how to implement quality rating system; identify who is
10/15/2016
Facilitator, UWWC
Phase IV Hold
responsible
staff/DHS rep, task force
Community
Partner meetings
Meeting #4 — consider overall process efficacy; look at plan outline; clean up
loose ends
10/15/2016
Facilitator, UWWC
staff/DHS rep, task force
Community Input meeting for School Age group
10/15/2016
Community members,
task force members &
Meeting #5- Meet with Full Task Force to review public comment
Facilitator, UWWC
10/15/2016
staff/DHS rep, task force
Final Report for school age group submitted to Weld County Department of
Facilitator, UWWC
Human
10/24/2016
staff/DHS rep, task force
Phase IV (sub total)
$8,220
Total Budget $29,210
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