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Home My WebLink About20162610.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - ANNIE E. CASEY FOUNDATION (AECF) 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 Memorandum of Understanding 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 Annie E. Casey Foundation (AECF), commencing upon full execution of signatures, and ending August 10, 2017, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding 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 Annie E. Casey (AECF) be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d„a;j JCiso;c.k. Weld County Clerk to the Board Cou y Attorney GG kSOCcon1 SCE) 8-I 3(7/ lto Mike Freeman, Ch?i Sean P. Conway, Pro-Tem arbara Kirkmey Steve Moreno 2016-2610 HR0087 l"ontwct iD vso MEMORANDUM DATE: July 26, 2016 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Weld County Department of Human Services' Memorandum of Understanding (MOU) with Annie E. Casey Foundation (AECF) Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval for the Departments' Memorandum of Understanding (MOU) with Annie E. Casey Foundation (AECF). The County desires to retain AECF to provide consulting services to the County. AECF is a private charitable organization dedicated to helping build better fixtures for disadvantaged children in the United States. AECF has extensive knowledge and experience with respect to consulting and technical assistance to support the implementation eta web -based Team Decision Making (TDM) database. This MOU is non- financial and shall commence upon signature for a period of one year. [ do not recommend a Work Session_ [ recommend approval of this MOU. Sean Conway Steve Moreno Barbara Kirkmeyer Mike Freeman Julie Cozad a `- CL b‘"A. Approve Request 13OCC Agenda Work Session 2016-2610 1 -1k00? -7, Pass -Around Memorandum; July 26, 2016 (ID 450) Page 1 Memorandum of Understanding This Memorandum of Understanding ("MOU") is made by and between the Annie E. Casey Foundation ("AECF") and t h e Board of Commissioners of Weld County, Colorado, on behalf of the Weld County Department of Human Services ("the County"). AECF and the County are each a "party" to this MOU, and, collectively, the "parties" to this MOU. 1. Background 1.1. AECF is a private charitable organization, dedicated to helping build better futures for disadvantaged children in the United States. AECF has extensive knowledge and experience with respect to consulting and technical assistance to support the implementation of a web -based Team Decision Making ("TDM") database. 1.2. The County offers aid and a range of programs to the citizens of Weld County. 1.3. Accordingly, the County desires to retain AECF to provide consulting services to the County in furtherance of AECF's charitable purposes. 2. Services Provided by AECF 2.1. AECF shall provide the following services to the County ("the Consulting Services"): 2.1.1. Provide the County with access to AECF's new web -based TDM application at no cost 2.1.2. Provide TDM implementation coaching and practice support to the County 2.1.3. Provide access to TDM application, at a minimum, during normal business hours except for scheduled maintenance and unplanned outages 2.1.4. Follow best practices regarding data security and assurance 2.1.5. Provide technical support and take all responsibility for troubleshooting, upgrading and addressing technical issues, as necessary, for the TDM application Other Services Provided 2.1.6. In order to facilitate more efficient meetings, improve employee performance, ensure employees are available for meetings given busy schedules, and to allow employees to work at off -hours, AECF may provide occasional meals and other refreshments. Such meals or refreshments shall be modest and consistent with what is expected of public employees. In any event, such costs shall not exceed $25 per County employee. 2.1.7. AECF may host conferences to discuss the issues covered by this MOU. AECF may invite one or more employees to attend such conferences if AECF determines attendance would further the purposes of this MOU. AECF MOU with Weld County Page 1 3. The County's Obligations 3.1. In exchange for the Consulting Services AECF agrees to provide to the County, the County shall cooperate with AECF to provide the information necessary for AECF to provide the Consulting Services as follows: 3.1.1. Provide AECF with regular TDM quarterly reports, within one week of the last day of the quarter 3.1.2. Allow AECF to access the data in the application for purposes of statistical reporting 3.1.3. Participate in limited testing and feedback exercises with AECF to help improve the TDM application 3.1.4. Complete the identified TDM application task list (attached) in partnership with AECF leads 3.1.5. Complete the Facilitator TDM Training Application (attached) conducted by AECF leads 3.1.6. Provide no information regarding a child's mental health, nor any personal identifying information. The information about County clients put into the database will be de -identified. 3.2. The County is free to accept or reject any suggestions made by AECF. 4. Term 4.1. This MOU shall commence on the latest date shown in section 7 below, and shall continue for a period of one year. 4.2. Unless one of the Parties notifies the other Party that it no longer wishes to participate in this MOU 90 days before the end of the one-year period, this MOU shall automatically renew for additional one-year terms. 4.3. Either party may cancel this MOU with 30 -day's written notice to the other party. 5. Representations 5.1. The County represents and warrants that it has the legal authority to enter into this MOU and to accept the Consulting Services AECF has agreed to provide to the County. 6. Miscellaneous Provisions 6.1. The County agrees not to assert that any of the Consulting Services provided by AECF to the County shall obligate AECF to register or report under any statutes or regulations that govern lobbying, . 6.2. The County agrees not to assert that any meals, food, transportation, or lodging provided by AECF in the performance of the Consulting Services are provided to the AECF MOU with Weld County Page3 County, as gifts under any statutes that limit the acceptance of gifts by employees, officers, or elected officials of the County, or that the acceptance of such items may be a violation under applicable state law. 6.3 The County expects that AECF is responsible for making sure it is complying with any state or federal laws, rules or regulations governing the performance of its consulting services. 6.4. AECF exclusively owns the TDM database. In accordance with this MOU, AECF grants the County a nonexclusive license to use the TDM database. AECF retains title and ownership of the TDM database. The license granted is royalty -free. 6.5. The County will not make any modifications or enhancements to the TDM database or training materials without AECF's express written consent. 6.6. Neither party shall disclose any of the Confidential Information of the other party during or after the time this Agreement is in effect. For these purposes "Confidential Information" shall mean the information which either party (the "disclosing party") discloses to the other party (the "receiving party") pursuant to this MOU, in written form marked "confidential", or if disclosed orally, then confirmed in a writing summarizing such information within ten (10) days of disclosure and marked "confidential." Confidential Information shall not include information that is or becomes part of the public domain without fault of the receiving party, or that is received by the receiving party from an independent source, which may disclose it to the receiving party without violating the rights of the disclosing party. Further, a party may disclose Confidential Information to the extent required by law, provided the receiving party uses reasonable efforts to give the disclosing party reasonable notice of such required disclosure and cooperates with the disclosing party's efforts to obtain a protective order or other protection against disclosure of the Confidential Information. 6.7. This MOU supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the MOU between the parties with respect to its subject matter. AECF may not assign any of its rights or delegate any of its obligations under this MOU without the prior written consent of the County. Subject to the preceding sentence, this MOU will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of AECF. 6.8. LIMITATION OF LIABILITY. EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS HEREIN, NEITHER PARTY HERETO SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) ARISING OUT OF THIS AGREEMENT AND WHETHER OR NOT FORESEEABLE AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.9 No term or condition of this MOU 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. AECF MOU with Weld County Page3 6.10. This MOU may be executed in one or more counterparts, each of which will be deemed to be an original copy of this MOU and all of which, when taken together, will be deemed to constitute one and the same MOU. This MOU may not be AECF MOU with Weld County Page3 amended, supplemented, or otherwise modified except by a written MOU executed by both parties. 7. Acceptance of Terms The County The Annie E. Casey Foundation By: Mike Freeman Chair, Board of Weld Title: County Commissioners Signature: Date: AUG 1 0 2016 ATTEST: By: Patrick McCarthy Title: P Signat Date: COUNTY: I BOARD OF COUNTY COMMISSIONERS Weld my Clerk to the Bard WELD COUNTY, COLORADO By: Mike Freeman, Chair AUG 1 0 2016 CONTRACTOR: Annie E. Casey Foundation 701 St. Paul Street Baltimore, Maryland 21202 (410) 547-6600 By: Date: Signed Above o_O/e.9 -24-14" [Type text] Weld County TDM Application Task List [Type text] TASK WHO IS AECF Lead? WHEN? 1. AECF demos application in Webinair for interested persons in the site. Tim / Judy COMPLETED 2/5/2016 2. TDM application use and support is included in an engagement letter that is agreed to by AECF and site. Pat, Sheila 3. Site selects site administrator & identifies IT contact for TDM application Sheila • AECF provide list of tasks for site administrator Judy • AECF provide overall summary of application for IT Judy Done 4. AECF TDM site lead requests agency site set-up from AECF super administrator (Eric Miley) Sheila After engagement letter signed 5. AECF super administrator works with AECF TDM site lead to finalize any agreements between site and AECF that are needed Sheila & Eric 6. AECF super admin creates a new agency within the TDM Application and adds a site administrator to manage the account. The site administrator will receive an automatically generated email from the TDM application that will prompt the site admin to set their preferred password. Eric Tasks 1— 5 should be completed first. 7. AECF TDM & data team provides application orientation to site administrator Pat/Sheila/ Judy 8. AECF TDM & data team works with site administrator and other TDM coordinator to modify terminology and drop down menus. NOTE: The content for terminology and drop down lists should be finalized before application is opened. Sheila with support from Judy as needed Before 3/1 9. Site administrator and TDM manager create an agency specific facilitator user's guide by modifying AECF generic guide. This is done after application is modified to reflect agency terminology. Sheila with Doug and Robin After admin has modified site to reflect site language Before 3/1? 10. AECF TDM & data team (with participation of site administrator and manager) train facilitators Pat/Sheila/Judy SCHEDULED March 1, 2016 11. Site decides upon date to begin inputting data into TDM application 12. the site agrees to share quarterly reports w/ AECF about TDM work. Hello