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Home My WebLink About20112235 RESOLUTION RE: APPROVE TWENTY-THREE(23)CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN 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 twenty-three (23) Child Protection Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the providers listed within Exhibit"A", commencing June 1, 2011, and ending May 31,2012,with further terms and conditions being as stated in said agreements, and WHEREAS,after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the twenty-three(23) Child Protection Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the providers listed within Exhibit "A", be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D., 2011, nunc pro tunc June 1, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: y �r�� L4,C1 (hLt /-C;2 Kirkmeyer,, Chair / Weld County Clerk to th- 'r _ % Sean P nway, Pro-Tem C BY: Iasi (' gszp Deputy ii Jerk to the WI F. Garcia APPR AS •- c M: cAt:‘ David E. Long ff my orney vn4 f�tre----- Douglas ademacher Date of signature: al-�'� et NS° 2011-2235 \k-A- 0 HR0082 MEMORANDUM 1861 - 2011 ��— DATE: August 11, 2011 WEL t_COUNTY TO: Barbara Kirkmeyer, Chair, Board of Commissioners uktpFROM: Judy A. Griego, Director, Human Servic eQ SUBJECT: Child Protection Agreements for Services between the Weld County Department of Human Services and Various Providers Enclosed for Board approval are Child Protection Agreements for Services between the Department and Various Providers. These Agreements were presented at the Board's June 20, 2011, Work Session. The major provisions of these Agreements are as follows: Program Area/Funding Provider Source PY11-12 Rate(s) Ackerman and Associates, PC Mental Health Services $110.00/Hr $110.00/Hr(Court Staffing) 06/01/11 -05/31/12 Core Ackerman and Associates, PC Sex Abuse Treatment $110.00/Hr $110.00/Hr(Court Staffing) 06/01/11 -05/31/12 Core Max. $16,000.00 Alternative Homes for Youth, Day Treatment $63.48/Date(Medicaid-Eligible Youth) Inc. $78.48/Day(Non-Medicaid Eligible Core Youth) 06/01/11 -05/31/12 $40.89/Day (Regular Education Rate) $19.86/Day (Special Education Rate) Alternative Homes for Youth, Sex Abuse Treatment $35.00/Episode (Group Session) Inc. $65.00/Episode (Individual Session) Core 06/01/11 -05/31/12 Max. $910.00 Brighten the Brain (fka)Jubilee Foster Parent Consultation $95.00/Hr Treatment Center) Core Max. $10,000.00 06/01/11 -05/31/12 Brighten the Brain (fka)Jubilee Sex Abuse Treatment $95.00/Hr Treatment Center) $125.00/Hr(Court Facilitation/Staffing) Core 06/01/11 -05/31/12 Max. $40,000.00 2011-2235 EXHIBIT A Child Advocacy, Resource and Lifeskills $65.00/Hr(HBPC) Education $40.00/Hr(Safe Exchange) Core $40.00/Hr(Monitored/Supervised 06/01/11 —05/31/12 Visitation) $60.00/Hr(Monitored/Supervised Visitation w/Transportation) $70.00/Hr(Interactional Visitation) $90.00/Hr(Interactional Visitation w/Transportation) Max. $45,000.00 Crossroads Counseling, LLC Sex Abuse Treatment $60.00/Hr(Face-to-Face and travel) 06/01/11 —05/31/12 Max. $3,500.00 Family Matters of Colorado, LLC Lifeskills $45.00/Hr(Safe Exchange w/i 25 miles of Greeley or Fort Lupton) 06/01/11 —05/31/12 Core $75.00/Hr(Safe Exchange o/s 25 miles of Greeley or Fort Lupton) $75.00/Hr(Monitored/Supervised w/i 25 miles of Greeley or Fort Lupton) $105.00/Hr(Monitored/Supervised o/s 25 miles of Greeley or Fort Lupton) $1 10.00/Hr(Therapeutic or Parenting Skills w/I 25 miles of Greeley or Fort Lupton) $140.00/Hr(Therapeutic or Parenting Skills o/s 25 miles of Greeley or Fort Lupton) Max. $27,225.00 Family Matters of Colorado, LLC Mental Health Services $110.00/Hr(Individual, Couples or Family Therapy w/i 30 miles of Fort 06/01/11 —05/31/12 Core Lupton) $140.00/Hr((Individual, Couples or Family Therapy w/i 30 miles of Fort Lupton) Max. $15,862.50 Greeley Counseling Center, P.C. Mental Health Services $1,400.00/Episode (Adult of Adolescent Psychological Evaluation—In-office) 06/01/11 -05/31/12 Core $1,700.00/Episode (Adult of Adolescent Psychological Evaluation—Out-of-Office) $1,000.00/Episode (Parental Fitness Evaluation) $175.00/Hr(Per Hour Charge for Partial Evaluations) $160.00/Hr(Interactional Evaluation) $140.00/Hr(Consultation) $120.00/Hr(Individual or Family Therapy) $60.00/Hr(Travel Surcharge— Evaluation or Therapy) $160.00/Hr(Crisis Intervention Services) $120.00/Hr(Court Facilitation, Mediation or Staffing) Max. $22,250.00 Griffith Centers for Children — Home-Based Services $48.00/Hr(Family Preservation Services) Chins Up Core Max. $44,500.00 06/01/11 —05/31/12 Griffith Centers for Children— Lifeskills $36.00/Hr(Parenting Skills) Chins Up $30.00/Hr/Fam (Parenting Skills Grp, >6) Core $45.00/1.5 Hr/Fam (Parenting Skills Grp„ 06/01/11 —05/31/12 =/> 6) $36.00/Hr(Therapeutic Supervised Visitation) Max. $22,250.00 Griffith Centers for Children— Mental Health Services $52.00/Hr(Ind. Therapy) Chins Up $56.00/Hr(Family Therapy) Core $150.00/Episode(Mental Health Assess) 06/01/11 —05/31/12 Max. $12,250.00 Griffith Centers for Children— Sex Abuse Treatment $30.00/Hr/PP (SO TX Grp <6) Chins Up $45.00/1.5 Hr/PP(SO TX Grp=/> 6) Core $50.00/Hr(SAI) 06/01/11 —05/31/12 $30.00/Hr/Fam (Informed Supervision Grp, <6) $60.00/Sess/Fam (Informed Supervision Grp, >6) $50.00/Hr/PP or$100.00/Sess (Informed Supervision—Ind.) Idea Forum, Inc. Domestic Violence $55.00/Episode (DV Intake Evaluation and First Session) 06/01/11 —05/31/12 CW Admin $25.00/Episode (Adult Group Therapy) $45.00/Episode(Adult Individual Therapy) $65.00/Episode(Family Therapy) $150.00/Episode (Domestic Violence Evaluation) Idea Forum, Inc. Monitored Sobriety $15.00/Episode(UA) $40.00/Episode (UA—Ethyl Glucuronide 06/01/11 —05/31/12 CW Admin Test) $40.00/Episode (UA-Synthetic THC) $6.00/Week(Breathalyzer, 1-3/Week) $10.00/Week(Breathalyzer, 4/Daily) $50.00/Month (Antabuse w/o Treatment) $165.00/Episode(Hair Test) Max. $500.00 Strong Foundations, LLC(Julie Foster Parent Consultation $100.00/Hr(Face-to-Face Consultation) Box $40.00/Hr(Phone Crisis Support/ Core Consultation) 06/01/11 —05/31/12 Max. $9,450.00 Strong Foundations, LLC (Julie Foster Parent Training $150.00/PP/12 Hour Training Box $200.00/PP/15 Hour Training CW Admin $250.00/PP/27 Hour Training 06/01/11 —05/31/12 $100.00/Hour/Couple or Individual/2 Hour Training $810.00/Training(Flat Rate for Interpreter) Max. $20,000.00 Strong Foundations, LLC (Julie Home Based Services $50.00/Hr Box Core Max. $2,800.00 06/01/11 —05/31/12 Strong Foundations, LLC(Julie Home Study/ $950.00 (Full HS) Box Relinquishment $425.00 (Update HS) Counseling $250.00 (Add. Rate per Adult) 06/01/11 —05/31/12 $225.00 (Cancelled HS) CW Admin $300.00 (Add. Fee Interpretive Services— Family HS) $150.00 (Add. Fee Interpretive Services— Ind. HS) $110.00/Hr(Relinquishment Counseling) Max. $15,000.00 W. Troy Hause, Attorney-at-Law Intensive Family Therapy $200.00/Hr 06/01/11 —05/31/12 Core Max. $13,000.00 Wurth, Helene Home Study/ $950.00(Full HS) Relinquishment $450.00 (Update HS) 06/01/11 —05/31/12 Counseling $200.00 (Add. Rate per Adult) $50.00/Hr(Cancelled HS) CW Admin $100.00/Hr(Relinquishment Counseling) $35.00/Hr(Interpretive Services) Max. $15,000.00 If you have any questions, give me a call at extension 6510. PY-1 l-12-CORE-0132 CHILD PROTECTION AGREEMENT FOR SERVICES ?oil it,/ BETWEEN THE WELD COUNTY ASSOC ASSOCIATES, P.C.MAN SERVIC E c7 AND ACKERMAN& 1:/7 2y This Agreement,made and entered into then day of 2011,by and between the Board of Weld County Commissioners, sitting as the Board of Human Services,o ehalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Ackerman&Associates,P.C.,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Health Services;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 PY-I 1-12-CORE-0132 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicanUrecipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race, color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0132 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0132 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Provider will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Provider receives a subpoena via facsimile but will only accept personal service,the Provider will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are 4 PY-I I-12-CORE-0132 satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Joyce Shohet Ackerman,Ed.D. Owner Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Grieeo,Director Joyce Shohet Ackerman,Ed.D. P.O.Box A 1725 25th Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)353-3373 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0132 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 13 herein. 6 PY-11-12-CORE-0132 IN WITNESS WHEREOF,the parties h- ifi. - .my executed the Agreement as of the day,month,and year first above written. sLa A t l EST: y WELD COUN i 101 ll�` yW '��' OF COUNTY CLERK TO i. B ISSIONERS WELD ``� ( -\ ♦.d TY OLORADO By: �,ti 'Id . .�i� �'•►� By: .(JP]- pi�/U-( Qlt, Deputy CI yA Barbara Kirlcmey ,Chair / AUG 1 7 2011 ED O FORM: CONTRACTOR: BY Attorney 'on. tor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju .Grieg ,Du 7 (Die0/7- cg235 PY-11-12-CORE-0132 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide traditional counseling and therapy services for those individuals and families referred by the Department for the treatment of all forms of mental illness. 2. CONTRACTOR employees a bilingual staff person who can provide services in Spanish and/or provide translation services. 3. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 4. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 5. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 6. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffmgs and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0132 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $110.00/Hour $110.00/Hour(Court Staffing and Testimony) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0132 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient, auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0132 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are 11 PY-11-12-CORE-0132 maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. I7. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0132 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-1 1-12-CORE-0132 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 -ml PY-11-12-CORE-0155 , 41 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ACKERMAN&ASSOCIATES,P.C. This Agreement,made and entered into the ZI day of 011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on alf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Ackerm &Associates,P.C.,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Sex Abuse Treatment(Safe-T Program);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. JC170//—da3.5 PY-I 1-12-CORE-0155 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be fmal. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. if necessary, CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0155 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County, its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. My aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-I 1-12-CORE-0155 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department,if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Provider will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Provider receives a subpoena via facsimile but will only accept personal service,the Provider will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0155 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Joyce Shohet Ackerman.Ed.D. Owner Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Joyce Shohet Ackerman,Ed.D. P.O.Box A 1725 25i°Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)353-3373 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0155 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 13 herein. 6 PY-11-12-CORE-0155 IN WITNESS WHEREOF,the partiesA� +¶4`ecuted the Agreement as of the day,month,and year first above written. #4j s ` ATTEST: ► -- — ' `' �,r�Y E® WELD COUNT' �� OF COUNTY CLERK TOT 1SSIONERS WELD ~it TY, OLORADO By: .i./ %.� �� 1// By: /1jfit' / Deputy Clerk/ arbara Kirkme r,ChairAUG 1 7 2011 r ED C TO FORM: CONTRACTOR: \ BY � �y Co* Attom Contrto WELD COUNTY DEPARTMENT \\ OF HUMAN SERVICES • By: Ju A.Gnego irect 7 oYO//- cRdS5 PY-11-12-CORE-0155 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide time limited,outcome focused therapy through the SAFE-T Program for the treatment of the non-offending parent,the victim and siblings of the victim in sexual abuse cases referred by the Department. 2. CONTRACTOR utilizes a program composed of four parts. Each part can be used as an integrated program,may stand alone or be used in combination with other treatment regimens. The four parts are as follows: a. Part A—The development of the prescriptive safety education and treatment plan if a formal plan does not exist or has not been developed by the Department. Services will be provided in 15 or less hours,delivered over no more than three(3)months. b. Part B—Implementation of the safety education and/or treatment plan as developed by the Department or in Part A(above)with the non-offending parent to increase safety and void repetition of sexual abuse in the family unit. Services will be provided in 20 or less hours,over no more than four(4)months. c. Part C—Short term treatment for the sexually abused child and for the siblings to develop skills for future safety and reestablish trust. Services will be provided in 20 hours or less,over no more than four(4)months. d. Part D—Therapy to encourage maintenance of skills developed and additional support to families who have completed Part A,B and/or C. Services will be provided in 10 hours or less,and are provided at frequency of two times per month over four(4)to six(6)months. 3. CONTRACTOR employees a bilingual staff person who can provide services in Spanish and/or provide translation services. 4. CONTRACTOR has a maximum capacity of eight(8)open cases per month. 5. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 6. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 7. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 8. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 9. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffmgs and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0155 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $110.00/Hour $110.00/Hour(Court Staffing and Testimony) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0155 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0155 10. CONTRACTOR assures that authorized local, federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CON!_RACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 11 PY-11-12-CORE-0155 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0155 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-1 1-12-CORE-0155 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-I I-12-CORE-01 I I CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ALTERNATIVE HOMES FOR YOUTH,INC. This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Alternative Homes for Youth,Inc.,hereinafter referred to as"Contractor". WITNESSETH WHEREAS, required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Day Treatment Services; and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: Term This Agreement shall become effective on June I,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services."a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-live(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 PY-11-12-CORE-0111 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders, and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R. Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing regulations,45 C.F.R. Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0111 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents,shall he named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-01 I I c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. II. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Provider will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Provider receives a subpoena via facsimile but will only accept personal service,the Provider will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503,and advise that the subpoena must he personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall he conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data,special analyses,on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall he performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-I 1-12-CORE-01 l 1 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for thosc services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Shayna Miller,M.A.,LPC,CACIII Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego, Director Shayna Miller,Executive Director P.O.Box A 1110 M.Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)353-6010 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term "litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-01 l 1 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-I I-12-CORE-011 I IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. Lca ATTEST: 75 WELD COUNTY � � �FCOUNTY CLERK TO THE � a V u ..IONERS WELD ` C i ,COLORADO By: / 1��1_ �I b ,' Deputy Cler ✓ Barbara Kirkmeyer Chair AUG 1 7 2011 APP S TO FORM: CONTRACT • 1) BY Cou A omey C tra or WELD COUNTY DEPARTMENT OF HUMAN ERVICES By [�) Ju .GriegoD rector (\Jr 7 0?D//- W35 PY-I I-12-CORE-0111 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide comprehensive,highly structured day treatment services to adolescent males, ages 14-20,as referred by the Department. 2. CONTRACTOR is a self-contained grade 7-12 state approved alternative program designed for students who have had significant attendance issues in traditional school settings. 3. Student/teacher ratios will not exceed 1:12. Additional personal assistance is provided by Para-Educators. 4. CONTRACTOR will provide day treatment services at 1110 M Street,Greeley,CO 80631. 5. CONTRACTOR is licensed by the Colorado Department of Human Services State Child Care Licensing and approved by the Colorado Department of Education. 6. CONTRACTOR will provide educational/vocational instruction,testing and evaluation with an emphasis on preparation for re-entry into public school,vocational training or employment. Referred youth have the opportunity to earn 2 to 2-1/2 credits per academic quarter(five academic quarters per year including six-week summer school). 7. CONTRACTOR will provide individual,group and family therapy to all referred youth unless otherwise directed by the Department. Referred youth are assigned a therapist and will meet with that therapist a minimum of one(I)hour per week. 8. CONTRACTOR will provide daily group therapy. 9. CONTRACTOR will also provide weekly art therapy groups(1-1/2 hours per week),weekly drug/alcohol education and support group as well as weekly random drug screening (if deemed appropriate following a drug and alcohol assessment),and independent living skills education and training(as appropriate). 10. Family members/caregivers are expected to participate in family therapy sessions as least one hour per week to resolve family conflicts,learn new skills,and identify and change abusive patterns. 11. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 12. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 13. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 14. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 15. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0l I 1 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2, below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not he reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $63.48/Day(Daily rate for Medicaid eligible youth) $78.48/Day(Daily rate for non-Medicaid youth) $40.89/Day(Regular education rate) $19.86/Day(Special education rate. Days of attendance only.) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to he submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25) calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-I 1-12-CORE-011 1 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, he denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract arc maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0111 10. CONTRACTOR assures that authorized local, federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment, or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 11 PY-I 1-12-CORE-011 I 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(I)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104, requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-1 1-12-CORE-01 I I EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are, first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children arc considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive, social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-12-CORE-01 I I • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 r Th fi PY-11-12-CORE-0207 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ALTERNATIVE HOMES FOR YOUTH,INC. This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Alternative Homes for Youth,Inc.,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Sexual Abuse Treatment(Offense Specific Treatment);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: I. Term This Agreement shall become effective on June I,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services."a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for, and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. o e)// ad3s PY-11-12-CORE-0207 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter he established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986, P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-I t-12-CORE-0207 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0207 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals, insurance,etc. required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Provider will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Provider receives a subpoena via facsimile but will only accept personal service,the Provider will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data, special analyses,on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall he performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0207 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Shayna Miller,M.A.,LPC,CACIII Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Grieco,Director Shayna Miller,Executive Director P.O.Box A 1110 M. Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)353-6010 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term-litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-I I-12-CORE-0207 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0207 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO Y �A+ � O L D OF COUNTY CLERK TOTt.�,kftr, `r ,if O ISSIONERS WELD 11Q4 ` . jTY, OLORADO Deputy Clerk `.,,., 6' Barbara Kirkmeyer, hair A u 1 72011 • ' • ' � �ER OFP M: CONTRAC �/� BY Co orney front ctor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Jud .Grieg , irector 7 &C//- 2a35 PY-11-12-CORE-0207 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide offense specific treatment to sexually abusive male youth and adolescents who are at risk for re-offending,as referred by the Department. Services will be provided at 1110 M Street,in Greeley,CO. 2. Services are designed to address sexually abusive behaviors and issues related to such behaviors,as well as past trauma experiences utilizing both a psycho-educational component as well as a therapeutic approach. 3. Services will focus on teaching referred youth: a. Healthy interpersonal skills. b. Make healthy choices. c. Intercept unhealthy thoughts and fantasies. d. Keep self and others safe. e. Avoid abuse of self and others. f Skills for interacting with the community at-large in a safe and productive manner. 4. Treatment is based on Sex Offender Management Board(SOMB)guidelines and includes: a. Polygraph testing. b. On-going risk assessment. c. Daily behavioral observation. d. Testing. e. Monthly qualitative reporting. f. Self reporting. g. Multi-Disciplinary Team(MDT)communication. h. Safety planning. i. Informed supervision. 5. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 6. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 7. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 8. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 9. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team (URT)and are not considered billable hours. 8 PY-11-12-CORE-0207 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $35.00/Episode(Group Session) $65.00/Episode(Individual Session) $40.00/Hour(Boundaries Counseling) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to he submitted by the 7'h day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0207 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0207 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract, loan,grant, or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 11 PY-l 1-12-CORE-0207 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(I)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0207 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children arc,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive. social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-1 1-12-CORE-0207 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate, providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 67-0,7 Zrz'.-_) PY-1 1-12-CORE-0117 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND BRIGHTEN THE BRAIN This Agreement,made and entered into the day of s 2011 by and between the Board of Weld County Commissioners,sitting as the Board of Human Servic on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Brighten the Brain,hereinafter referred to as "Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Foster Parent Consultation;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 ( R9//- 2O7 35 PY-11-12-CORE-0117 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 a seq. and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R. Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0117 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0117 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorneys Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0117 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Lori Kochevar,MS,LPC Owner Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Lori Kochevar,MS,LPC P.O.Box A 6445 Ute Highway Greeley,CO 80632 Longmont,CO 80503 (9701352-1551 (970)352-8873 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0117 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-1 1-12-CORE-0117 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. �I�•w ATTEST: ��` A.) WELD COUN n� sj� OF COUNTY CLERK TOT t B ISSIONERS WELD �• ) to '' Y OLORADO By: . fiA Lk' Deputy Cler � arbara Kirlaneyer, hair G 1 72011 ED FORM: CONTRACTOR: '� �j � { �1 BY %( ?O-t' al al a y//E` 749 dG Co ttomey o ctor algal WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: p� Ju .Grie o, hector 7 o?O//- ?C?35 PY-11-12-CORE-0117 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide short-term,solution-oriented consultation for children and youth residing in Weld County foster homes as referred by the Department. The goal of the program is to enhance and improve the quality of care being provided to Weld County's children and youth. 2. CONTRACTOR will work collaboratively with children,foster parents,caseworkers, foster care coordinators and other service providers to identify and quickly address issues,in a solution-focused manner,which could potentially disrupt placements. 3. CONTRACTOR will follow up with referred foster family within 48 hours of receiving referral and will document efforts to engage foster family in referred services. 4. CONTRACTOR will make recommendations to foster family following assessment of the child. CONTRACTOR will document recommendations and follow through of foster family with regard to recommendations. 5. CONTRACTOR will assess foster families abilities and capacity on an ongoing basis to appropriately care for the foster children in their home and report this information on a monthly basis to the Department. 6. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of foster parent consultation services and/or the need for additional services. 7. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 8. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 9. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 10. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-01 17 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $95.00/Hour(Foster Parent Consultation) $125.00/Hr(Court Facilitation or Staffing) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0117 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunte.,as,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0117 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-11-12-CORE-0117 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2Xb). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0l 17 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outotxnes CFSR Outcome Measures Safety I Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o RI*is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. 13 PY-I I-12-CORE-0117 Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-BdngOuloomee CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: Providers must engage in ongoing assessments of the parents'capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-11-12-CORE-0125 Lit CHILD PROTECTION AGREEM ENT FOR SERVICES �Aj,,� BETWEEN THE WELD COUNTY DEPARTM ENT OF HUM AN SERVI Cfl/ AND BRIGHTEN THE BRAIN fGj This Agreement,made and entered into the?,day of J P2j 2011,by and between the Board or is 9 Weld County Commissioners,sitting as the Board of Human Se es,on behalf of the Weld County Department of yo cf Human Services,hereinafter referred to as the"Department,"and Brighten the Brain,hereinafter referred to as "Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Lifeskills(Bonding Program);and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: I. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7i°day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 a20//- a 35 PY-1 I-I2-CORE-0125 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 a seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-I2-CORE-0125 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0125 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0125 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Lori Kochevar,MS,LPC Owner Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego.Director Lori Kochevar.MS.LPC P.O.Box A 6445 Ute Highway Greeley,CO 80632 Longmont,CO 80503 (970)352-1551 (970)352-8873 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0125 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0125 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: yv WELD CO r x 'O D OF COUNTY CLERK TOT ! 4 t 1 ' :cVd tP ISSIONERS WELD TY, OLORADO By: �t .� �.��/7d.-:_�L:�4�it r .` :S : Lit Deputy Cl �: arbara Kirkmeyer,C air Aub 1 72011 ED ORM: CONTRACTOR: �r BY 0 Co A omey Coo✓ tor✓/ WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: A. neg , ctor 7 Del//— 3S PY-11-12-CORE-0125 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide ongoing assessment,coaching,support and information,through supervised visitation time,to families referred by the Department for the purpose of assisting parents in building a stronger emotional relationship with their children. 2. CONTRACTOR will focus on teaching biological parents how to create an emotionally safe and secure environment for their children and maintain their children in their home. The Bonding Program has three primary goals: 1)Improve health and safety-related behaviors,2)improve the well being of the family,and 3)enhance the parents' ability to provide permanency and stability for themselves and their children. 3. CONTRACTOR will assess parental abilities and capacity on an ongoing basis to appropriately care for their children in their home and report this information on a monthly basis to the Department. 4. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 5. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services.If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 7. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 8. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-I I-12-CORE-0125 EXHIBIT B PAYM ENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $95.00/Hour(Bonding Services) $125.00/Hour(Court Facilitation or Staffing) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0125 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0125 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 11 PY-11-12-CORE-0125 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101,et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0125 EXHIBIT D CHILD and FAMILY SERVICES REVI EWS(CFSR) (CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o RI*is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency l Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-12-CORE-0125 Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. Providers should continually assess family relationships(parent/child, sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcanee CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. `Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-11-12-CORE-0122 ye cob CHILD PROTECTION AGREEMENT FOR SERVICES 47r BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES 1 AND CHILD ADVOCACY RESOURCE AND EDUCATION(c.a.r.e.) This Agreement,made and entered into th4 j)day of 1� {1 1 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Ser es,on b half of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Child Advocacy Resource and Education(c.a.r.e.), hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided funding to the Department for Life Skills(Visitation,Nurturing Parenting);and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7`h day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 e//- a73 PY-11-12-CORE-0122 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—I et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0122 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). I. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0122 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext. 6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0122 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Stacey Fuller Interim Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Stacey Fuller P.O.Box A 3700 Golden Street Greeley,CO 80632 Evans,CO 80620 (970)352-1551 (970)356-6751,ext.305 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation" includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0122 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-1 I-12-CORE-0122 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD COUN r9 " ' P OF COUNTY CLERK TOT t B l ••'- O u.ISSIONERS WELD ,COLORADO BY 1 J / L./. �.1��: �!. .1 :i.:1��/J Deputy Cle k " ( !I � Ji Barbara Kirkmey. ,Chair A G 1 72011 E T RM: CONTRACT R: BY C ttomey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju .Griego, hector 7 o/r- aaas PY-I 1-12-CORE-0122 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide visitation and Nurturing Parenting services both in-office and in-home to families referred by the Department. In-office services will be provided at 3700 Golden Street,in Evans,CO. 2. Services including the following: a. Safe Exchanges: Supervised exchange of children for the purposes of parenting time where each parent or guardian shall have pick-up and drop off times that will prevent face-to-face contact between the parties. b. Monitored(Low Intensity)Supervised Visitation: Supervision of family visits,both verbally and physically,for positive and appropriate interactions. The supervising staff member shall be within sight and sound of all participants at all times and will intervene on a limited basis as necessary to ensure the safety and supervision of the child(ren). c. Interactional Supervised Visitation: Supervision of family visits that include a competency-based nurturing program to meet the assessed needs of families. Familial needs are identified through administration of the Adult Adolescent parenting Inventory(AAPI-2)and the Nurturing Skills Competency Scale(NSCS). A custom parenting program lesson plan is implemented based on the identified needs. Lessons focus on the five(5)parenting constructs of the AAPI-2: Inappropriate Expectations,Lack of Empathy,Belief in Corporal Punishment;Family Role Reversal and Suppressing Power and Independence. The Supervising staff member/educator provides coaching and skills training to parents. Parents are then given the opportunity to practice new skills during visitation time. Emphasis will be placed on families completing the areas of greatest need first and progressing through the program accordingly. Program also will include access to community resources as needed. Families participating in the program will be given a post-test upon exit from the program to demonstrate skills learned. d. Nurturing Parenting(in-home): Competency-based nurturing program utilized to meet the assessed parenting needs of families in their homes. Familial needs are identified through administration of the Adult Adolescent Parenting Inventory(AAPI-2)and the Nurturing Skills Competency Scale(NSCS). A custom parenting program lesson plan is implemented based on the identified needs. Lessons focus on the five(5)parenting constructs of the AAPI-2: Inappropriate Expectations,Lack of Empathy, Belief in Corporal Punishment;Family Role Reversal,and Suppressing Power and Independence. Lessons are taught in the home setting to allow for coaching and support of positive parenting practices. Emphasis will be placed on families completing the areas of greatest need first and progressing through the program accordingly. Program also will include household management skills and access to community resources as needed. Program is available in Spanish. Families participating in the program will be given a post-test upon exist from the program demonstrate skills learned. e. Transportation: Transportation of child(ren)to and from visits will be provided as needed. 8 PY-11-12-CORE-0122 3. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 4. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 5. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 9 PY-11-12-CORE-0122 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $40.00/Hour(Safe Exchange,Monitored/Low Intensity Supervised Visitation without Transportation) $60.00/Hour(Monitored/Low Intensity Supervised Visitation with Transportation) $70.00/Hour(Interactional Supervised Visitation without Transportation) $90.00/Hour(Interactional Supervised Visitation with Transportation) $65.00/Hour(Nurturing Parenting-In-home Services) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7'"day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-11-12-CORE-0122 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color, sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 11 PY-11-12-CORE-0122 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 12 PY-11-12-CORE-0122 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 13 PY-11-12-CORE-0122 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 14 PY-11-12-CORE-0122 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 PY-11-12-CORE-0209 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CROSSROADS COUNSELING,LLC This Agreement,made and entered into the 2-1-day of 2011,by and between the Board of Weld County Commissioners,sifting as the Board of Human Servi on ehalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and rossroads Counseling,LLC,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Sex Abuse Treatment(Offense Specific Treatment);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agreefollows: PINS I. Term This Agreement shall become effective on June I,2011,upon proper execution of this Agreent and shall expire May 31,2012, unless sooner terminated as provided herein. 2. Scope of Services n. Services shall be provided by CONTRACTOR to any person(s)eligible for child protectiobervices in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference.V1 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7`"day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. c//— c2a35 PY-I 1-12-CORE-0209 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictradhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicaidecipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws areluded: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.swe gytnd its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and tri its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and - the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; - 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-I I-12-CORE-0209 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all emploSs at work site. t"- rV fV b. General Liability(PL&PD)(Minimum). —c 1. Combined single limit-$500,000 written on an occurrence basis. -� Pk.) 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 • PY-1 1-12-CORE-0209 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorneys Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation ^" CONTRACTOR and the Department agree that monitoring and evaluation of the performance of1Ws Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and r".. CONTRACTOR. —p CONTRACTOR shall permit the Department,and any other duly authorized agent or governmenX agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,fittial analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All suc monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0209 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Bob Dix,LPC Program Manager Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registe`*,..d mail to the individuals at the addresses set forth below. Either party may from time to time designate in Sting a substitute person(s)or address to whom such notices shall be sent: r— To: The Department To: CONTRACTOR Judy A.Griego,Director Bob Dix,Program Manager N P.O.Box A 1211 Lake Avenue,Suite 203 Greeley,CO 80632 Berthoud,CO 80513 4-0 (970)352-1551 (970)685-7469 18. Litigation Cr' CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 • PY-I 1-I2-CORE-0209 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. c r- -Zs cn G 6 • PY-11-12-CORE-0209 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD COUNTY ' iii B•a%l F COUNTY CLERK TO THE : •T ' Ft" I •IONERS WELD \.1c�`C••rq OLORADO \ By: 1i / '.i' i — �� ,i�!!I:`/� ',�`�'/,///l .e iA '1. Deputy Cler A' I Barbara Kirkmeye ,Chair - AUG 1 7 2011 ED O ORM: CONTRACTOR- BY L/ L C ty •ttomey ntractor ivre SS WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju rie o, ecto L G r N N Z O Cr 7 • PY-11-12-CORE-0209 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Offense-Specific Treatment services to youth,ages 11-18,and their families as referred by the Department. 2. CONTRACTOR offers two programs; Family Solution Directed Therapy and Individual Solution Directed Therapy. 3. Family Solution Directed Therapy includes: • Five to seven months of service. • Wrap-around format that involves the youth's immediate and surrounding community. • In-home family therapy. • Minimal individual therapy. • Strength-based solutions. • Safety plans. 4. Individual Solution Directed Therapy includes: • Six to eight months of service. • Wrap-around format that involves the youth's immediate and surrounding community • In-home therapy. • Individual therapy. • Emancipation emphasis. • Strength-based solutions. • Safety plans. 5. All services follow Sex Offender Board Management guidelines. Provider is an Associate Level SOME provider for juveniles. 6. CONTRACTOR will work closely with caseworker,probation officer,Guardian ad Litem and wool counselors,and will participate in court hearings and staffings as requested. ""11 7. CONTRACTOR is sensitive to family ethnicity,culture,values and beliefs. r- 8. CONTRACTOR will identify in detail areas of continued concern and make recommendations tbjhe Department regarding continuation of services and/or the need for additional services. 9. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding ny child whom the CONTRACTOR is working with under an active referral. Areas of concern may income,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern shoibe reported immediately AND on the required monthly report. N 10. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services.If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 11. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 12. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-I 1-12-CORE-0209 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $60.00/Hour Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7'"day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the more following service,it may result in forfeiture of payment. hat L b. CONTRACTOR shall submit an itemized monthly bill to the Department for ygtosts incurred and services provided pursuant to Exhibit A of this Agreement in accearslance with criteria established by the Department. N c. For monitored sobriety,proof of services rendered shall be a sign-in sheet witlient signatures or the test result. O 9 • PY-1 I-12-CORE-0209 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bes shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereC c- 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Acts 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded fjgt participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approvEtbContract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that 1 provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such rerwds shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to agljt and monitor CONTRACTOR. cIt 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-I2-CORE-0209 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-yew period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with the Department when the contractor also maintains a relationship with a third party and the two relationships are pposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractoregain from knowledge of these opposing interests. It is only necessary that the contractor know that thtwo relationships are in opposition. During the term of the Contract,CONTRACTOR shall not aer any third party relationship that gives the appearance of creating a conflict of interest. Upon learnin of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Departm4 a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds the Department's termination,for cause,of its contract with CONTRACTOR. R O CJ1 1 ) PY-I I-12-CORE-0209 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently.Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-17.5- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant toat.R.S. 24- 76.5-103(4) if such individual applies for public benefits provided under this Contract. It",..tontractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) iscapitizen of the United States or is otherwise lawfully present in the United States pursuant to federal la (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) sl?l produce one of the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of tllisrontract. rV b CI'I 12 PY-11-12-CORE-0209 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety wheicaksessing families. o Children are considered safe when there are no present dangers or impendinOttnger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impenng danger threats, and caregivers are unable or unwilling to provide protection. ry o Risk is the likelihood(chance,potential,prospect)for parenting behavior thani harmful and destructive to a child's cognitive,social,emotional and/or physical developmec*,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concern$ pd the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measugi that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-I 2-CORE-0209 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents'capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. N C:1 W� Mr C- C r ry ry -0 N Ct 14 fijifg PY-I 1-12-CORE-0198 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND FAMILY MATTERS OF COLORADO,LLC This Agreement,made and entered into the day of 2011.by and between the Board of Weld County Commissioners,sitting as the Board of Human Services.on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Family Matters of Colorado, ETC.hereinafter referred to as"Contractor'. WIINESSETII WHEREAS, required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Lifeskills(Visitation and Parent Coach);and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June I.2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A "Scope of Services."a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month Ibllowing the month the cost was incurred. If the billing is not submitted within twenty-live(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 aoi/- Ga.35 PY-1 1-12-CORE-0198 4. Financial Management At all times from the elTective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization ofsercices performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C.which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter he established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964.42 U.S.C.Sections 2000d—I et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and - Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and - its implementing regulations.45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R. Part 91;and - Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967:and - the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986, P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-I I-12-CORE-0198 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized.when possible.as sources of supplies,equipment.construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employ er as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage, Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance. where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. I. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL.&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to he named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to he provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-I I-12-CORE-0198 c. Automobile Liability(Minimum) for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals, insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall he provided to the Department by the Contractor prior to the start of any contract. II. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department unless the Contractor has previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Contractor will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503.and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the, monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall he in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he Lind CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0198 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error, fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR.or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Belinda McKenna,MA,LPC Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by eertilied or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department l o: CONTRACTOR Judy A.Griego,Director Belinda McKenna,MA.LPC P.O.Box A 712 2"d Street Greeley,CO 80632 Fort Lupton,CO 80621 (970)352-1551 (970)576-2906 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within live(5)calendar days after being served with a summons,complaint, or other pleading which has been tiled in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors.and filings in bankruptcy.reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-I I-12-CORE-0198 20. Entire Agreement This Agreement,together with all attachments hereto.constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 13 herein. 6 PY-I 1-12-CORE-0198 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day.month,and year first above written. ATTEST: � •..I'. , �. „� � j�/ w. OF COUN'T'Y CLERK TO THE +O SIONERS WELD 61 'C , COLORADO , By: 1 . yJ ' ,yi .��d . /�i?�h'!i'.- 'a.' 4it4 4O! Deputy Cler �i�/ (1 arbara Kirkmeyer. ' air AUG 72011 A ED •ORM: CONI RACTOR: C omey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J A.One Director 7 a0ir- 02,2B3. PY-1 1-12-CORE-0198 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide in-office and in-home Life Skills services to individuals and families referred by the Department. In office visitation services will be provided at 712 2"d Street, in Fort Lupton, Colorado,or 1120 38'h Avenue,Greeley,Colorado. 2. CONTRACTOR utilizes therapy models that include Solution Focused,Narrative,Structural,Cognitive Behavioral,as well as the Satir Communication Model. 3. Services include the following: a. Safe Exchanges—Supervised exchange of children for the purposes of parenting time where each parent or guardian shall have pick up and drop off times that will prevent face-to-face contact between the parties. b. Monitored/Supervised Visitation—Supervision of family visits,both verbally and physically,for positive and appropriate interactions. The supervising staff member shall be within sight and sound of all participants at all times and will intervene on a limited basis as necessary to ensure the safety and supervision of the child(ren). Supervision of family visits that include a competency- based nurturing program to meet the assessed needs of families.'fhe supervising staff member will provide coaching and skills training to parents. Parents are then given the opportunity to practice new skills during visitation time. Emphasis will be placed on families completing the areas of greatest need first and progressing through the program accordingly. c. Therapeutic Visitation -An enhanced supervised visitation program that incorporates concepts from a variety of therapeutic disciplines such as individual.couples and family therapy,parent- child interactional therapy and parenting skills education. This blended approach is utilized to develop individualized interventions for the family. d. Parent Coach(In-home)—In-home support/coaching to teach parenting and household management skills in order for parents to become better caregivers for their children. Skills taught can include,but arc not limited to, physical care of children.child development,discipline, nurturing,nutrition,relationships,budgeting.educational,medical.and safety. 4. All services will be provided by Master's,or higher, level therapists. 5. CONTRACTOR can provide transportation when needed. 6. CONTRACTOR will ensure that all contact between the parent and the child is structured to provide for the safety and well-being of the children,and allows the parents the opportunity to learn and practice positive parenting,while maintaining the continuity of family relationships. 7. CONTRACTOR will continually assess parents regarding their capacity to appropriately care for their children. 8. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 9. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 8 PY-I I-I2-CORE-0198 10. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. I I. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will he submitted per the online format required by the Department,unless otherwise directed by the Department. 12. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 9 PY-1 1-12-CORE-0198 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRAC'T'OR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $45.00/Hour(Safe Exchange within a 25 mile radius of Fort Lupton or Greeley) $75.00/Hour(Safe Exchange outside a 25 mile radius of Fort Lupton or Greeley) $75.00/Hour(Monitored/Supervised Visitation within a 25 mile radius of Fort Lupton or Greeley) $105.00/Hour(Monitored/Supervised Visitation outside a 25 mile radius of Fort Lupton or Greeley) $110.00/Hour(Therapeutic Visitation or Parent Coach within a 25 mile radius of Fort Lupton or Greeley) $140.00/Hour(Therapeutic Visitation or Parent Coach outside a 25 mile radius of Fort Lupton or Greeley) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to he submitted by the 71°day of the month following the month of service. lithe billing is not submitted within twenty-five(25) calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-I I-12-CORE-0198 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnity,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers.and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance f r all its employees,volunteers,and agents engaged in the performance of the Agreement upon request.CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement he deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld.State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section.subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph,sentence.clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current.separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal.and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications.and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: Ilan audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. II PY-1 1-12-CORE-0198 10. CONTRACTOR assures that authorized local, federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. I I. This Contract shall be binding upon the parties hereto,their successors.heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress.an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract.the making of any federal grant.the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended.proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery,bribery. falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal.state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest. it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause.of its contract with CONTRACTOR. 12 PY-1 I-12-CORE-0198 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall he disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents. and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors. if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department. if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104.requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 13 PY-11-12-CORE 0198 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will he implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety.permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers arc unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social.emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document eftbrts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Departments providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 14 PY-1 I-12-CORE-0198 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child.sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 PY-11-I2-CORE-0197 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND FAMILY MATTERS OF COLORADO, LLC This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of I luman Services,hereinafter referred to as the"Department;'and Family Matters of Colorado,LL.C,hereinafter referred to as"Contractor". W TIN ESSETI I WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Health Services(Individual.Couples and Family Therapy);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: I. Term This Agreement shall become effective on June 1.201 1,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services."a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B."Payment Schedule,"of which arc attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7'"day of the month lbllowing the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 70// 07,735 PY-1 1-12-CORE-0197 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—I et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and - Section 504 of the Rehabilitation Act of 1973.29 U.S.C.Section 794.and - its implementing regulations,45 C.F.R. Part 84;and - the Age Discrimination Act of 1975.42 U.S.C.Sections 6101 et.seq.and its implementation regulations.45 C.F.R. Part 91:and - Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and - the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986.P.I..99-603; - 42 C.P.R. Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex.religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973.as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2, 2 PY-I I-12-CORE-0197 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible.as sources of supplies,equipment.construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Iluman Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan (PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense.and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500.000 written on an occurrence basis. 2. Any aggregate limit will not be less than SI million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below S500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0197 c. Automobile Liability(Minimum) for any Contractor transporting children or any party to whom Department services arc being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall he provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract. it has currently in effect all necessary licenses,approvals,insurance.etc. required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. "training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department unless the Contractor has previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Contractor will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate.such program data,special analyses,on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-I l-12-CORE-0197 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error.fraud.and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below arc hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Belinda McKenna.MA,[PC Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Belinda McKenna,MA,LTC P.O.Box A 712 2o°Street Greeley,CO 80632 Fort Lupton,CO 80621 (970)352-1551 (970)576-2906 18. litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within live(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term'litigation"includes an assignment for the benefit of creditors.and filings in bankruptcy.reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-I 1-12-CORE-0197 20. Entire Agreement This Agreement.together with all attachments hereto.constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-I I-12-CORE-0197 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. .� Weida ATTEST: WELD COUNT! p �p\fi�t I OF COLJNFY CLERK TO TH �� It 40(t��h7 ISIONF.RS WELD�'• C9��', 'OLORADO By: Deputy Cler Barbara Kirkmeycr Chair AUG 1 72011 :D FORM: CONTRACTOR: ��JJ�� i. BY âctø )t( WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju A.Gr'e ),Direct 7 &C//-X1435 PY-I I-1 2-CORE-0197 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide in-office and in-home Life Skills services to individuals and families referred by the Department. In office visitation services will be provided at 712 2"d Street, in Fort Lupton, Colorado,or 1120 38`"Avenue,Greeley.Colorado. 2. CONTRACTOR utilizes therapy models that include Solution Focused,Narrative, Structural,Cognitive Behavioral,as well as the Satir Communication Model. 3. Services include the following: a. Individual Counseling—Services arc available for adults and adolescents and are designed to address a wide variety of issues that impact the individual and family. The goal of the service is to remove any barriers to safety and well being in the home which may include,but are not limited to, behavior problems,depression.anxiety.stress,trauma,grief and loss,health, self-image,character and treatment compliance. b. Couples Counseling—Services are available to couples to address existing issues in order to facilitate long-lasting systemic change within the family. Services build upon the strengths and resiliency of the couple in order to correct deficit areas that undermine the family's foundation. c. Family Counseling—Services are available to families to address communication,togetherness, flexibility,family structure,family lifecycle,and multi-generational issues. Family interactions and resiliencies also are assessed and treated. 4. All services will be provided by Master's,or higher, level therapists. 5. CONTRACTOR can provide transportation when needed. 6. CONTRACTOR will ensure that all contact between the parent and the child is structured to provide for the safety and well-being of the children,and allows the parents the opportunity to learn and practice positive parenting,while maintaining the continuity of family relationships. 7. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 8. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should he reported immediately AND on the required monthly report. 9. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 10. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department.unless otherwise directed by the Department. II. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and arc not considered billable hours. 8 PY-I I-I2-CORE-0197 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2, below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in'frails alter May 31,2012. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $I 10.00/Hour(Individual,Couples or Family"therapy within a 25 mile radius or less of Fort Lupton) $140.00/Flour(Individual,Couples or Family Therapy outside a 25 mile radius of Fort Lupton) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-live(25) calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety, proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-1 1-12-CORE-0197 EXHIBIT C ASSURANCES I. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County.the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement he deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence.clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses.or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,director indirect,in the approved Agreement or the proceeds thereof'. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex.or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate.and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-I -12-CORE-0197 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities.supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. II. This Contract shall be binding upon the parties hereto,their successors,heirs. legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress.an officer or employee of Congress.or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement.and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain.or performing a public(federal,state.or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract. had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest. it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships arc in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are II PY-I I-12-CORE-0197 maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any.sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs. internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1) lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (h) otherwise will comply with the requirements of C.R.S. 8-17.5-102(28b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-I l-12-CORE-0197 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine it the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below arc the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-I I-12-CORE-0197 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 clp://„ afral f if -. 11 PY-11-12-CORE-0139 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GREELEY COUNSELING CENTER, P.C. This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Greeley Counseling Center,P.C.,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Health Services;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 ( C// g35 PY-11-12-CORE-0139 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation,45 C.F.R.Part 80 a seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and - its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq. and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L. 99-603; - 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin, and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0139 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible, as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CF SR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense, and maintain for the duration of the work,the following insurance coverage; Weld County, Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents, shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0139 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses, approvals,insurance,etc. required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department unless the Contractor has previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Contractor will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department, and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data, special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 • PY-11-12-CORE-0139 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Jack J. Gardner,Psy.D. Owner Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A. Griego,Director Jack J. Gardner,Psy.D. P.O.Box A 1228 8a'Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)356-8482 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of finding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0139 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0139 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. SL/ ATTEST: WELD CO IS' ! 1' OF COUNTY CLERK TOT I BI ` 11;1/42 I SSIONERS WELD — 4 COLORADO By: �y, s �19�� _'�\ e' ��/ Li / �► . . /?! Deputy CI ;� �►C .�I Barbara Kirkmey ,Chair A 0 1 72011 AP" • t •S TO FORM: CONTRACTOR t iI ur BY 6 _ z�� Co Olney orney ontracto WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J A. Grie o,Duet r 7 o?C//-as 3 PY-11-12-CORE-0139 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide evaluation,therapy and crisis intervention therapy services to individuals and families referred by the Department. Services include the following: a. Psychological Evaluations(Adult or Adolescent)—Evaluations utilize a multimodal approach specific to the client's needs using a variety of standardized personality tests(i.e.,MMPI,MCMI), intelligence tests(i.e.,WAIS-Ill,GAMA),substance abuse screens(i.e.,urine or saliva samples), non-standardized tools(i.e.,Life History Questionnaire,Children's History Questionnaire),clinical interviews,mental status examination,and review of collateral references. b. Parental Fitness Evaluations—Evaluations utilize a structured interview and rating scale to be completed by the examiner and the caseworker supervisor. The caseworker observes the interview and completes a rating scale. The interview utilizes a"job testing"assessment approach to help determine a parent's knowledge,skills,motivation,and capacity to effectively parent. c. Interactional Evaluations—Evaluation utilizes observation of parents and children to determine parenting capacities,strengths,needs,and attachment. d. Individual/Family Therapy—Therapy services are provided to address specific identified areas of trauma and/or conflict with individuals,families,couples and/or children. A combination of insight oriented therapy techniques with behavioral objectives is applied on a situation-specific basis. e. Crisis Intervention Services—Therapy services for couples, adults,and/or children to address specific urgent situations. Crisis intervention techniques with behavioral objectives are applied on a situation-specific basis. f. Consultation—Consultation is available on a case-specific basis and is available to clarify treatment needs,diagnosis and prognosis,and better understand client needs. If requested, a brief report will be produced. 2. Services will only be provided by Jack J. Gardner,Psy.D. 3. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 4. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 5. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 6. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 8 • PY-11-12-CORE-0139 7. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 9 PY-11-12-CORE-0139 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $1,400.00/Episode(Adult or Adolescent Psychological Evaluation-In Office) $1,700.00/Episode(Adult or Adolescent Psychological Evaluation-Out of Office) $1,000.00/Episode(Parental Fitness Evaluation) $175.00/Hour(Hourly rate for partial psychological evaluations. Total cost not to exceed the cost of a full evaluation.) $160.00/Hour(Interactional Evaluations,Crisis Intervention Therapy) $140.00/Hour(Consultation) $120.00/Hour(Individual/Family Therapy) $60.00/Episode(Additional travel surcharge for hourly services outside of Greeley,CO.) $120.00/Hour(Court Facilitation,Mediation or Staffing) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-11-12-CORE-0139 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit fording. 11 PY-1 1-12-CORE-0139 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan, grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state, and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 12 PY-11-12-CORE-0139 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 13 • PY-l l-12-CORE-0139 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 14 • PY-11-12-CORE-0139 Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: Providers must engage in ongoing assessments of the parents'capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 (`,/t)0/ PY-11-12-CORE-0183 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GRIFFITH CENTERS FOR CHILDREN-CHINS UP CENTER This Agreement, made and entered into the day of 2011, by and between the Board of Weld County Commissioners, sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Griffith Centers for Children-Chins Up Center, hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Home-Based Intensive Services(Family Preservation Services); and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B."Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7"'day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. at//-ca. s PY-11-12-CORE-0183 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and - its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and - Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986,P.L.99-603; - 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0183 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0183 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The Contractor will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,x6503.and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0183 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Nicole Politis,LPC Program Manager Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Nicole Politis,LPC-Program Manager P.O.Box A 8461 Turnpike Drive,Suite 100 Greeley,CO 80632 Westminster,CO 80031 (970)352-1551 (303)906-4909 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR leams of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0183 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0183 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: • r`z1�.— WELD CO ` ' P OF COUNTY CLERK TO SSIONERS WELD `�✓,, � �� OLORADO By: �:� i /s 4% r rtr ,/ "�� „!,t Deputy Cler/ 4 f// ( fr/ Barbara Kirlaneye ,Chair 011 AP D RM: CONTRACTOR: S r {/ BY��1/D �4�L// tpl/ Co mey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J A.Griego hector 7 020/-(51,935 PY-11-12-CORE-0183 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Home-Based Intensive Services(Family Preservation Services)for high-risk families designed to prevent out-of-home placements or prepare families for reunification,as referred by the Department. Target populations include: • Families who are in crisis or experiencing major struggles in functioning. • Families with you in the home who are acting out behaviorally or sexually. • Families with children and youth ages 0-17 years. • Children who are at risk for out-of-home placement,or transitioning back into the home from foster care,residential treatment,Department of Youth Corrections or other out-of-home placement. • Foster families with children or youth who meet the above criteria. 2. Family Preservation Services are modeled after the National Family Preservation Network's definition of Intensive Family Preservation Services(IFPS). IFPS is defined as: • "IFPS services are designed to support families in crisis in which children are either at imminent risk of placement or have been placed out of the home. The services are for birth and adoptive families and are effective as reunification services as well as for placement prevention." 3. The goal of the program is to keep children safe and avoid both unnecessary removal and long separations from family in out-of-home care. Aspects of the program include: • Services are flexible and individualized to each family. • The home-based model offers service delivery that overcomes barriers to service access and services are provided in the environment in which issues most likely arise. • Services are utilized to stabilize family functioning and address safety risks. This is done through teaching families to work with community agencies,appropriate parenting skills,stress reduction, problem-solving and increased communication skills. • Services are available 24 hours per day,7 days per week. • Services include 3-6 hours per week in the referred families' home. Services can be increased as needed. • Appointment times are flexible and include evenings and weekends. 4. Average length of services is 2 to 6 months. 5. CONTRACTOR will coordinate and advocate with school systems,court and the Department. 6. Follow up services are available for one year after discharge to aide in long-term success with pre-approval from the Department. 7. CONTRACTOR is sensitive to family ethnicity,culture,values and beliefs. 8. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 9. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 8 • PY-11-12-CORE-0183 10. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral (excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services.If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 11. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 12. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 9 PY-11-12-CORE-0183 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $48.00/Hour(Family Preservation Services) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-11-12-CORE-0183 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers, and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs, sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color, sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current, separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 11 PY-11-12-CORE-0183 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with the Department when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 12 PY-11-12-CORE-0183 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently.Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101. et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 13 PY-11-12-CORE-0183 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 14 PY-11-12-CORE-0183 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that maybe required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 PY-11-12-CORE-0184 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GRIFFITH CENTERS FOR CHILDREN-CHINS UP CENTER This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Griffith Centers for Children-Chins Up Center, hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Lifeskills(Parenting Skills,Visitation); and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7'h day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 a&D//-a��'�5 PY-11-12-CORE-0184 4. Financial Management At all times from the effective date of this Contract until completion of this Contract. CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.:and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and - its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and - the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0184 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). L Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0184 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Trainino CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The CONTRACTOR will,on behalf of its employees and/or officers, accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Provider receives a subpoena via facsimile but will only accept personal service,the Provider will contact the Weld County Attorney's Office immediately at 970-353-5215 x6503 and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0184 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Nicole Politis,LPC Program Manager Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego.Director Nicole Politis,LPC-Program Manager P.O.Box A 8461 Turnpike Drive,Suite 100 Greeley,CO 80632 Westminster,CO 80031 (970)352-1551 (303)906-4909 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0184 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0184 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. Slid IGIL `r. Al PEST: WELD COW � OF COUNTY CLERK TO 1 Bair,:rs�' —a'j Lt SSIONERS WELD � 'tC' �:? 'OLORADO By: ,�% 'LI ,►'. r�L!.v.lL-.>� � . ,: ,�� -. �eputyC �� `ii(1M„, \�, Barbara Kirkmeyer,C :ir AUG 1 2011 AS RM: CT C :: - Lp�BYON . omey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J d A.Grieg..Director 7 &oi/- ccQ35 PY-11-12-CORE-0184 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Lifeskills(Parenting Services/Skills,Visitation)to families referred by the Department.Target populations include: • Parents or primary caregivers who need in-home parenting instruction and assistance with household management and accessing community resources. • Parents with children ages 0-17 years who are at risk of out-of-home placement. • Parents with children ages 0-17 years who are placed out of the home with relatives or in foster care. • Children who are transitioning back home from out-of-home placement. 2. Services include an intensive home-based model with an emphasis on the child's developmental needs,and a Parenting Skills Group. 3. The goal of the intensive home-based program is to improve parenting skills,and increase safety and stability in the home. Aspects of the program include: • Services are flexible and individualized to each family,and are based on assessment of parent and child strengths and needs. • Each referred family is assigned a LSP specialist who is trained in and specializes in parenting, child development,and life skills. The LSP assists parents/caregivers with basic parenting skills, household management,budgeting,organizational skills,and other day-to-day issues that impede the care and development of children in the home. • All safety risks are addressed immediately by the LSP. • The home-based model offers service delivery that overcomes barriers to service access and services are provided in the environment in which issues most likely arise. • Services are utilized to stabilize family functioning and address safety risks. This is done through teaching families to work with community agencies,appropriate parenting skills,stress reduction, problem-solving and increased communication skills. • Services are available 24 hours per day,7 days per week. • Services include 3-6 hours per week in the referred families'home. Services can be increased as needed. • Appointment times are flexible and include evenings and weekends. • Average length of services is 2 to 6 months. • CONTRACTOR will coordinate and advocate with school systems,court and the Department. • Follow up services are available for one year after discharge to aide in long-term success with pre- approval from the Department. 4. The Parenting Skills Group is based on the Nurturing Parenting Program,and is an evidenced-based program that focuses on non-violent parenting. • The program emphasizes the development of empathy,self-worth,self-awareness, empowerment, and discipline with dignity,as well as appropriate family roles and age-appropriate expectations for children. • The program is 10 weeks in duration and participants must attend 8 out of 10 weeks to successfully complete the program. • The group is open. 8 PY-1 I-12-CORE-0184 • Levels of prevention within the program include: i. Prevention Programs(Primary Prevention). This level includes pre-parent stage and prenatal stage. ii. Intervention Programs(Secondary Prevention). This level includes programs designed to intervene to prevent further escalation of the early stages of maltreatment or for families considered to be`at-risk". iii. Treatment Programs(Tertiary Prevention). This level includes programs designed to treat families identified by the Department for child abuse and/or neglect. 5. Therapeutic/Supervised Visitation services are available in a home-based model with the option of providing visits in a community setting or other location designated by the Department. Visitation services will focus on assessing the parent/caregiver's parenting ability and work with individuals to meet the needs of the children during visits. • Objectives of Visitation: i. Ensure child safety during visits. ii. Closely monitor parent/child interactions to ensure appropriateness. Hi. Improve parenting skills(effectively meeting the developmental needs of the child(ren)). 6. CONTRACTOR is sensitive to family ethnicity,culture,values and beliefs. 7. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 8. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 9. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral (excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 10. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 11. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 9 PY-11-12-CORE-0184 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $36.00/Hour(Parenting Services,Therapeutic/Supervised Visitation) $30.00/Hour/Family(Parenting Skills Group) $45.00/Episode/Family(Parenting Skills Group, 1.5 Hours, Six Family Minimum) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7'"day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-11-12-CORE-0184 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County.nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their goveming bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 11 PY-11-12-CORE-0184 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not.within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with the Department when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 12 PY-11-12-CORE-0184 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees, agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers, clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 13 PY-11-12-CORE-0184 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 14 PY-11-12-CORE-0184 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child, sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 • • vff t, 4 . �� 1r G PY-11-12-CORE-0185 CHILD PROTECTION AGREEMENT FOR SERVICES 7 BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GRIFFITH CENTERS FOR CHILDREN-CHINS UP CENTER This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners, sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Griffith Centers for Children-Chins Up Center, hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval, clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Health Services;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011, upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 o©// 07(77, 5 PY-11-12-CORE-0185 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and - its implementing regulations.45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and - Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and - the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0185 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents, shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0185 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that, at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext. 6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0185 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Nicole Politis,LPC Program Manager Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Nicole Politis,LPC-Program Manager P.O.Box A 8461 Turnpike Drive, Suite 100 Greeley,CO 80632 Westminster.CO 80031 (970)352-1551 (303)9064909 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0185 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0185 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: , LD COUN r � � : F COUNTY CLERK TO THE O ' i:R'a % ^v ' �SIONERS WELD ,861 �S .- w�' C• � OLORADO _ By: 2 /Lit-- Deputy Cler �` Barbara Kirkmeyer,C'air AUG 72011 APP FORM: CONT A OR: ,�,{✓`M/C)I V` (!BY II ` C Attorney Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju A. rieg Director 7 a19//- cQ 36 PY-11-12-CORE-0185 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Mental Health Services to individuals and families(all ages)referred by the Department. 2. Services include individual therapy,family therapy and mental health assessment. • Individual/Family Therapy: i. Therapy can occur in the office or a client's home/community. ii. Can be utilized in conjunction with or as a follow up to in-home services. iii. Therapy conducted by Master's level mental health professionals. iv. Intervention strategies include Behavioral,Cognitive-Behavioral,Family Systems,Play Therapy as well as Brief and Present-Focused. v. Sessions are weekly,unless otherwise directed by the Department. vi. Pager access 24 hours a day,7 days a week. • Mental Health Needs Assessment: i. Pre-treatment assessment used to determine the mental health functioning of the referred individual. ii. Assessment is conducted by a licensed mental health professional in the office or at the client's home. Hi. CONTRACTOR will provide a written report that details recommendations for immediate interventions and/or goals. iv. Assessment is completed in 1-2 one-hour sessions. 3. CONTRACTOR is sensitive to family ethnicity,culture,values and beliefs. 4. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 5. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concem may include,but are not limited to.any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services.If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 7. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 8. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0185 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $150.00/Episode(Mental Health Assessment) $52.00/Hour(Individual Therapy) $56.00/Hour(Family Therapy) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0185 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection,paragraph, sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence, clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0185 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan, grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification; and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with the Department when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-11-12-CORE-0185 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers, clients or affiliates,but does not include information(1)lawfully obtained from third parties, (2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-17-12-CORE-0185 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-12-CORE-0185 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling, extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 (-0 i i PY-11-12-CORE-0186 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GRIFFITH CENTERS FOR CHILDREN-CHINS UP CENTER This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners, sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Griffith Centers for Children-Chins Up Center, hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Sex Abuse Treatment(Informed Supervision); and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June I,2011, upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 aoir- aa,65 PY-11-12-CORE-0186 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq. and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and - its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and - Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0186 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0186 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas The CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data, special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0186 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed: b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Nicole Politis.LPC Program Manager Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego.Director Nicole Politis,LPC-Program Manager P.O.Box A 8461 Tumpike Drive,Suite 100 Greeley,CO 80632 Westminster,CO 80031 (970)352-1551 (303)906-4909 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0186 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-1 1-1 2-CORE-0 1 86 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: •O)"�—? . �i!' : OF COUNTY k J i, CLERK TO T � �e . '.` � t'� SIGNERS WELD COLORADO By: �.i%/ ',� �� .9$1� ��A .AI; �►. _ Deputy Clerk, ♦ arbaraKirkmeyer, hair G 1 72011 AP D RM: CONR: -- B () 1,142 orney Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: u .Griego, irector 7 ®//- dR t; PY-11-12-CORE-0186 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Informed Supervision Training to parents and caregivers of juvenile sex offenders as referred by the Department. 2. Services include Informed Supervision Training. • Includes 2-4 hours of group or individual training for those responsible for supervising a juvenile sex offender. i. Training covers the following topics: 1. Colorado State Standards for Juveniles Who Commit Sexual Offenses 2. Rationale of Informed Supervision 3. Role of the Multidisciplinary Team(MDT) 4. Cycles of Abuse 5. Patterns of Behavior 6. Line-of-sight Supervision 7. Arranging for alternate supervision when primary caregiver is not available. 8. Safety Planning 3. CONTRACTOR is sensitive to family ethnicity,culture,values and beliefs. 4. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 5. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical, emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services.If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 7. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 8. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0186 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $30.00/Hour/Family(Informed Supervision Training-Group Format) $60.00/Episode/Family(Informed Supervision Training-Group Format, Six Family Minimum) $50.00/Hour/Person(Informed Supervision Training-Individual Format) $100.00/Episode(Informed Supervision Training-Individual Format, Completed in One Session) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7`"day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0186 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph, sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional.such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0186 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state, or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal. state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with the Department when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-11-12-CORE-0186 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers, clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0186 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas." The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-12-CORE-0186 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-11-12-CPS-0117 - 6,0(//44 . L1 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND IDEA FORUM,INC. This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Idea Forum, Inc.,hereinafter referred to as "Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for Anger Management and Domestic Violence Evaluation and Treatment Services;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services or Child Welfare Administration funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services and/or Child Welfare Administration funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. I cQC//— (2,235 PY-Il-12-CPS-0117 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R. Part 80 et.seq.:and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and - its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 a seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and - the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary, CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CPS-0117 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business, at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents, shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CPS-0117 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers, accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data,special analyses, on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CPS-0117 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Marcela Paiz Chief Executive Officer/President Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Marcela Paiz,CEO/President P.O.Box A 2560 West 296 Avenue Greeley,CO 80632 Denver,CO 80211 (970)352-1551 (303)477-8280 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation" includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of finding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CPS-0117 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 • PY-1I-12-CPS-0117 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. a � ATTEST: r.— • � !; ELD COUNT � AAl1 t y • ; --': A OF COUNTY CLERK TO THE :U .a . •�� rj� ISSIONERS WELD TY,COLORADO By: f / 1`� . �� i' �+'r� . . C 1 2 G ,(r1 F/c- DeputyCler arbaraKirluneyer, air AUG 7201 ED O FORM: CONT CTOR: BY Co ttomey onttact r WELD COUNTY DEPARTMENT /�•�t OF HUMAN SERVICES By: Ju .Grie o, irector 7 o?©//- &cQ PY-1 I-12-CPS-0117 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Anger Management and Domestic Violence evaluation and treatment services to South County clients referred by the Department. 2. The 36-week curriculum addresses the following issues/topics: a. Content for all referred clients: i. Definition of Domestic Violence,the Cycle of Violence and the Dynamics. ii. Legal ramifications of violence. iii. Self Esteem and Self Worth. iv. Orientation to Change Process—Critical/Rational Thinking Skills. v. Gender Role Socialization and Relationship Violence. vi. Containment: Time Out Process,Triggers and Provocation, Signs of Escalation. vii. Methods of Power and Control. viii. Responsibility for Abusive Actions and Consequences of Actions. ix. Alternatives to Thoughts,Emotions and Behaviors. x. Communication Skills. xi. Social and Cultural Basis for Violence—Family of Origin. xii. Impact of Domestic Violence on Family and Impact of Domestic Violence on Children. xiii. Alcohol and Drug Impact on Family and Family Violence. xiv. Explore/Identify Effects of Past Trauma and Victimization. xv. Resolving the Victim Role. xvi. Problem Solving and Conflict Resolution Skills. xvii. Pro-social Relationship/Interpersonal Skills and Healthy Relationships. xviii. Social and Relationship Skills. xix. Potential for Re-offending and Signs of Escalation. xx. Re-offense Prevention Plan. xxi. Goals. b. Additional content as needed: i. Identify and Confront Pro-criminal and Violent Attitudes/Orientation. H. Parenting Skills. iii. Mental and Physical Health Concerns. iv. Transformation of Masculine Roles. v. Discrimination Based on Ethnicity or Gender. vi. Tension in relationships due to immigration/assimilation/acculturation. vii. Spirituality. 3. Goals of program include: a. Client will comply with Court mandate. b. Client will make effort to change violent/abusive/controlling behavior. c. Client will remain free of all forms of violence while in treatment. d. Client will remain drug and alcohol free and will not possess weapons. 4. CONTRACTOR is a licensed provider sensitive to multicultural issues and can provide all services in both English and Spanish. 5. CONTRACTOR has four approved Domestic Violence Treatment providers on staff. Three of these providers are approved for female offenders. 6. Services will be provided under the terms of this contract. 8 PY-11-12-CPS-0117 7. Services are available in Denver,Aurora,Brighton and Thornton,CO. Hours of service for all sites are Monday through Thursday, 10 a.m.-9 p.m.; Friday, 10 a.m.-8 p.m.; Saturday, 9 a.m.-1 p.m. (Groups only). Facilities are closed 1-2 p.m.daily. 8. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 9. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 10. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 11. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 12. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 9 PY-II-12-CPS-0117 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed at the rate specified in Paragraph 2, below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $55.00/Episode(DV Intake and First Session) $25.00/Episode/Per Person(Group Session) $45.00/Episode(Individual Session) $65.00/Episode(Family Session) $150.00/Episode(Anger/Domestic Violence Evaluation) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-11-12-CPS-0117 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers, or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause, and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable, and otherwise adequate records that will provide accurate, current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records,documents, communications, and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 11 PY-11-12-CPS-0117 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal,state, or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 12 • PY-11-12-CPS-0117 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees, agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents, and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates, but does not include information(I) lawfully obtained from third parties, (2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 13 PY-11-12-CPS-0117 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 14 PY-11-12-CPS-0117 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships(parent/child, sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional, educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 / h !, PY-11-12-CPS-0108 &vs)) f CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND IDEA FORUM,INC. This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Idea Forum, Inc.,hereinafter referred to as "Contractor". WITNESSETH WHEREAS,required approval, clearance, and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for Monitored Sobriety Services;and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services or Child Welfare Administration funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7`h day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services and/or Child Welfare Administration funding to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 aC//- (W3-5 PY-11-12-CPS-0108 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives, contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et. seq.and its implementing regulation,45 C.F.R.Part 80 et.sea.:and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et.seq. and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R. Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary, CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CPS-0108 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County, Colorado,by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CPS-0108 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext. 6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CPS-0108 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Marcela Paiz Chief Executive Officer/President Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griggo,Director Marcela Paiz,CEO/President P.O.Box A 2560 West 29th Avenue Greeley,CO 80632 Denver,CO 80211 (970)352-1551 (303)477-8280 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s)to the Human Services Director. The term"litigation" includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CPS-0108 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CPS-0108 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: iJ WELD COUNT OF COUNTY CLERK TO THE •O �$a SSIONERS WELD O i ii OLORADO By: Deputy C rk U V\ :arbara Kirkmeyer, ' hair ^ 1 7 2011 O S TO FORM: CONT' 'CTOR: BY • Attorney Contra for / WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: I L.d I /�►, ...I Jud A Griego`Director 7 c9c//- 020733 PY-11-12-CPS-0108 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide monitoring services to youth and adults as referred by the Department. Services include: a. Urinalysis b. Urinalysis(EtG) c. Hair Follicle Testing d. Breathalyzer e. Swab f. Antabuse 2. CONTRACTOR is a licensed provider sensitive to multicultural issues and can provide all services in both English and Spanish. 3. Services will be provided under the terms of this contract. 4. Services are available in Denver,Aurora,Brighton and Thornton,CO. Hours of service for all sites are Monday through Thursday,9 a.m.-9 p.m.;Friday,9 a.m.-8 p.m;and Saturday 9 a.m.-1 p.m. 5. Results will be available online 24 hours per day,seven(7)days per week online at Redwood Toxicology (www.webtoxico I ogv.com). 8 PY-11-12-CPS-0108 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $8.00/Episode(Swab) $15.00/Episode(Urinalysis) $40.00/Episode(Urinalysis EtG) $165.00/Episode(Hair Follicle Testing) $6.00/Week(Breathalyzer, 1-3/Week) $10.00/Week(Breathalyzer,Daily) $50.00/Month(Antabuse without Treatment) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CPS-0108 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph, sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more sections, subsections,paragraphs, sentences,clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color, sex, or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable, and otherwise adequate records that will provide accurate,current,separate, and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-1 l-12-CPS-0108 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 11 PY-11-12-CPS-0108 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents, and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties, (2) that which is in the public domain, or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CPS-0108 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive, social,emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-12-CPS-0108 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional, educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 a fr /fir, PY-1 I-12-CORE-0118 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS,LLC This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Strong Foundations,LLC,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Foster Parent Consultation;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 c20/i- aag5 PY-11-12-CORE-0118 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 a seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CORE-0118 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0118 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Trainin CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0118 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Julie Box,LCSW Owner Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Julie Box,LCSW P.O.Box A 1702 68th Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 j970)302-1471 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of finding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0118 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0118 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. s ada ATTEST: WELD COUNTY �� ry •':i'*FCOUNTY CLERK TO THE B T f ii` F 0 O ni .IONERS WELD ,•. Fe • , LORADO By: • l si /A ��►�°. -. 3(��r I �io��I puty Cler ��r►� rbara Kirkmeyer,C air Mu 1 72011 Ti ED f�S " : CONT BY(iL9� i1 t C` A •rney Cpntractgt WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: u A.Griego Direct() 7 PC/ (901A.5 PY-11-12-CORE-0118 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide consultation for children and youth residing in Weld County foster homes within a 50-mile radius of Greeley,CO.,as referred by the Department. The goal of the program is to enhance and improve the quality of care being provided to Weld County's children and youth. 2. CONTRACTOR will work collaboratively with children,foster parents,caseworkers,foster care coordinators and other service providers to identify and address issues,in a solution-focused manner that could potentially disrupt placements. 3. CONTRACTOR will make recommendations to foster family following assessment of the child. CONTRACTOR will document recommendations and follow through of foster family with regard to recommendations. 4. CONTRACTOR will assess foster families abilities and capacity on an ongoing basis to appropriately care for the foster children in their home and report this information on a monthly basis to the Department. 5. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services.If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 6. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 7. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 8. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 9. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include stuffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0118 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $100.00/Hour(Face-to-Face Consultation) $40.00/Hour(Phone Crisis Support/Consultation) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7`h day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-1 I-12-CORE-0118 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-I 1-12-CORE-0118 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a thee-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-11-12-CORE-0118 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0118 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-I 1-12-CORE-0118 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-11-12-CPS-0096 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS,LLC This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Strong Foundations,LLC,hereinafter referred to as"Contractor". W ITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for Foster Parent Training;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child Welfare Administration funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7`h day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Child Welfare Administration to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. oXvi O7,233 PY-11-12-CPS-0096 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-CPS-0096 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CPS-0096 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. II. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CPS-0096 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Julie Box,LCSW Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Julie Box,Executive Director P.O.Box A 1702 68'"Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)302-1471 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-1I-I2-CPS-0096 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CPS-0096 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. AS ATTEST: 9', . -- • '2 i _'ti t WELD COUNTY A�`, r6 -:'e, •i P OF COUNTY CLERK TO THEN I':�, 1� C i.SIONERSWELD '1 , LORADO By: ,��/ t / . ��! .�'. �� • BA AIL Deputy Cle 1Y""'+""` arbara Kirkmeyer, air AU 1 72011 ED F CONTRACTOR: BY Co Sa ne ontracto WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju .Grie Director 7 020,7 2' 35 PY-11-12-CPS-0096 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Core Certification Training for foster care applicants. The goal of the program is to enhance and improve the quality of care being provided to the Department's children and youth. 2. All trainings will satisfy the requirements set forth in the State of Colorado Volume VII and as set forth by the Department. 3. Full Core Foster Parent Training consists of a 27-hour training that includes,but is not limited to,a complete review of the Weld County Foster Parent Handbook,as well as attachment and bonding issues, grief,loss and separation issues,adoption issues,child growth and development,boundary setting and discipline,providing for children of differing races,cultures and ethnicities,confidentiality,understanding adoption laws and procedures,including termination of parental rights,relinquishment and expedited permanency plans,contact and communication with the child's biological family members,safety and permanency for foster children,the well-being of families and the use of community resources. CONTRACTOR also specifically addresses infant care,Fetal Alcohol/Substance Abuse Syndrome,the oft times misleading or incomplete historical information foster parents receive regarding the child and their biological family members,special medical or emotional needs,parenting the neglected,emotionally, physically and/or sexually abused child,parenting the physically,mentally or emotionally challenged child and accessing available benefits and resources. 4. CONTRACTOR will accomdate 12-hour, 15-hour and hourly levels of training within the full 27 hour training. CONTRACTOR will cover the 10 State mandated topics during the first 12 hours of training. The remaining 15 hours will provide more indepth training on those topics. 5. CONTRACTOR will obtain prior approval from the Department for any other training other than Core Foster Parent Training(as scheduled by the Department). 6. CONTRACTOR will provide Core Foster Parent Training per the agreed upon schedule below,at 1702 68'h Avenue,in Greeley,CO,unless otherwise determined by the Department: August 12, 13,26 and 27 October 14, 15,28 and 29 December 2,3 9 and 10 January 27-28 and February 10-11 March 23-24 and April 13-14 May 18-19 and June l-2 7. CONTRACTOR will work collaboratively with foster parents,caseworkers,foster care coordinators and other service providers to identify and address issues,in a solution-focused manner. 8. CONTRACTOR will assess foster families abilities and capacity on an ongoing basis to appropriately care for the foster children in their home and report this information to the Department. 9. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 8 PY-11-12-CPS-0096 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $150.00/Per Person(12 Hours) $200.00/Per Person(15 Hours) $250.00/Per Person(27 Hours) $100.00/Per Hour/Per Couple or Individual(2 Hours) $810.00/Training(Flat Rate for Interpreter. Department will be billed directly by interpreter.) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7'"day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CPS-0096 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-I 1-12-CPS-0096 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Child Welfare Administration funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-11-12-CPS-0096 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CPS-0096 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-Il-12-CPS-0096 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 �`J r PY-11-12-CORE-0199 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS,LLC This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sifting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Strong Foundations,LLC,hereinafter referred to as"Contractor". W ITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Home Based Services;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 02oi/- (20235 PY-11-12-CORE-0199 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.-and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-I 1-12-CORE-0199 Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County, its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-t 1-I2-CORE-0199 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0199 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Julie Box,LCSW Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Julie Box,Executive Director P.O.Box A 1702 68th Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)302-1471 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-I 1-12-CORE-0199 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0199 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. / ATTEST: WELD COUN � y� OF COUNTY CLERK TO THE . 2• 'u +SIONERS WELD ��'' � •.- ` �I , LORADO By: ii LA .►�)`'%� _ Deputy Clerk �'� ( arbara Kirkmeyer, hair AUG 1 7 2011 AP D ORM: CONTRACTOR: BY ey C ntrad WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Jud .Griego, !recto 7 cQC//- c9c2 3J PY-I 1-12-CORE-0199 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide Home Based Services(Placement Stabilization Services)for children and youth residing in Weld County foster homes within a 100-mile radius of Greeley,CO.,as referred by the Department. The goal of the program is to stabilize placements therefore ensuring safety and permanency for Weld County's children and youth. 2. Home Based Services will include the following: a. Baseline assessment through identification of specific issues and goals related to the needs of the child/youth and foster family. b. Individual intervention with foster children and youth that can include appropriate therapeutic and community activities in the community such as addressing socialization needs. c. Therapeutic interventions to address common childhood diagnoses such as Attention Deficit Hyperactivity Disorder(ADHD),mood disorders,attachment issues,trauma,Post Traumatic Stress Disorder(PTSD)and behavior issues. d. Directive Play Therapy,Grief/Anger Therapy,and Cognitive Behavioral Therapy as appropriate. e. A minimum of one(1)hour per week of services. More than one(I)hour can be provided as needed. f. Reassessment after three(3)months to determine progress. 3. CONTRACTOR will work collaboratively with children/youth,foster parents,caseworkers,foster care coordinators and other service providers to identify and address issues,in a solution-focused manner to address issues that could potentially disrupt placements. 4. CONTRACTOR will make recommendations following assessment of the child/youth and foster family. CONTRACTOR will document recommendations and follow through of foster family with regard to recommendations. 5. CONTRACTOR will assess foster families abilities and capacity on an ongoing basis to appropriately care for the foster children/youth in their home and report this information on a monthly basis to the Department. 6. CONTRACTOR will make at least three(3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral(excluding weekends and holidays). CONTRACTOR will document efforts to engage client in referred services. If after three(3)attempts the client does not respond the CONTRACTOR will notify the caseworker and the Core and Service Contract Coordinator immediately. 7. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 8. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 9. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department,unless otherwise directed by the Department. 10. CONTRACTOR will participate in team reviews of ongoing services as needed. These will primarily include staffings and Utilization Review Team(URT)and are not considered billable hours. 8 PY-11-12-CORE-0199 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $50.00/Hour(Face-to-Face Contact) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-1 1-12-CORE-0199 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-1 l-I2-CORE-0199 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-1 I-12-CORE-0199 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently.Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-1 1-12-CORE-0199 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-I 1-12-CORE-0199 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 a , PY-11-12-HS-0043 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS,LLC This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Strong Foundations, LLC,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for Home Studies and Relinquishment Counseling;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Term This Agreement shall become effective on June I,2011, upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child Welfare Administration funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7th day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Child Welfare Administration to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. c?Cir— as PY-11-12-HS-0043 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-11-12-HS-0043 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR,shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). I. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-HS-0043 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attomey's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-HS-0043 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Julie Box,LCSW Executive Director Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Grieco,Director Julie Box,Executive Director P.O.Box A 1702 68th Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)302-1471 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of finding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-HS-0043 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-HS-0043 N WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. - Visa ATTEST: WELD COUN A •V ! OF COUNTY � i CLERK TOT 5 :O (�Sy1/47' i i SSIONERS WELD 1,1 .t v�• J C ►� OLORADO By: Deputy Clerk � ,�' Barbara Kirkmeyer, hair G 1 72011 V O FORM: CONTRAC BY C homey ontract r WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J A.Gri o, hector 7 &O//- <A70735 PY-1 1-12-HS-0043 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home study and relinquishment counseling services for families within a 100-mile radius of Greeley,CO.,as referred by the Department. 2. CONTRACTOR utilizes the Structured Analysis Family Evaluation(SAFE)tool developed by the Consortium of Children. CONTRACTOR is SAFE certified and on the State's approved home study vendor list. CONTRACTOR also is certified as a SAFE supervisor. 3. Services will be provided by Julie Box,LCSW. 4. CONTRACTOR will complete a Department of Motor Vehicle background check. All CBI,FBI and LexisNexis background check information will be completed by the Department. 5. CONTRACTOR will submit a completed home study to the Department with their billing within 60 days of receipt of the home study referral. A complete home study will include the study in SAFE format, background check information, SAFE questionnaires completed by the applicants,references and all other original documents submitted by the home study applicant. 6. Relinquishment counseling services will be provided to all adult individuals referred by the Department,as well as associated children 12 years of age and older,utilizing the required State format. CONTRACTOR will submit a written report and the appropriate affidavits and interrogatories. 7. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any specific Weld County home. Areas of concern may include,but are not limited to,any physical,emotional, educational or behavioral issues. Child abuse must be reported immediately per law. 8 PY-I 1-12-HS-0043 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $950.00/Episode(Full Home Study) $425.00/Episode(Updated Home Study) $250.00/Episode(Additional adult residing in the home) $225.00/Episode(Flat rate if cancelled after 3.5 hours of direct service) $100.00/Hour(Court Preparation and Testimony) $300.00/Episode(Flat rate for interpretive services for family home study) $150.00/Episode(Flat rate for interpretive services for individual home study) $110.00/Hour(Relinquishment Counseling) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7`h day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 • PY-11-12-HS-0043 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state govemment has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-I I-12-HS-0043 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Child Welfare Administration funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. IS. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 11 PY-11-12-HS-0043 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently.Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-I 1-12-HS-0043 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.• The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 • PY-I 1-12-F1S-0043 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-11-I2-CORE-0131 // CHILD PROTECTION AGREEMENT FOR SERVICES ✓ 2q BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES q �� AND W.TROY HAUSE-ATTORNEY AT LAW This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and W.Troy Hause-Attorney at Law,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mediation Services;and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7'h day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Core Services to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 1 o?C7/ aa35 PY-11-12-CORE-0131 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-1 1-12-CORE-0131 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage; Weld County,Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents,shall be named as additional named insured on the insurance,where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. I. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-11-12-CORE-0131 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc. required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-11-12-CORE-0131 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error,fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: W.Troy Hause Attorney Name Title 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director W.Troy Hause,Attorney P.O.Box A 710 11t'Avenue,Suite 205 Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)351-6711 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-11-12-CORE-0131 20. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 14 herein. 6 PY-11-12-CORE-0131 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD COUN i7�.. `e. L�1�:?u OF COUNTY CLERK TOT o 1tf 1 i'i'SSIONERS WELD Y, OLORADO By: Depu Cler '�`.'�` arbara Kirkmeyer,fiair, MG 1 72011 A OV A O CONTRALTO : /\ BY L �� ou y Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Jud .Griego, hector 7 PY-11-12-CORE-0131 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Mediation services to Weld County families in Dependency and Neglect cases as referred by the Department. 2. CONTRACTOR will attempt to facilitate resolution of issues between the parties,which will lessen the amount of Court time and contested matters,assist in providing permanency for children in a shorter time frame,and assist the parties in coming to their own resolutions which are more likely to be followed. 3. CONTRACTOR can facilitate up to six(6)mediations per month and can offer flexible meeting times to accommodate mediations including early morning, noon,evenings and weekends. 4. Mediation sessions are generally scheduled for one(1)to two(2)hours in length;however CONTRACTOR can accommodate longer sessions up to one(1)day in length under special circumstances. 5. CONTRACTOR employs a full-time legal assistant who schedules and prepares for mediation sessions on behalf of the CONTRACTOR. 8 PY-11-12-CORE-0131 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,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 this Contract or amend it accordingly. 2. Fees for Services $200.00/Hour(Face-to-face contact) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-12-CORE-0131 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence, clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR,in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 10 PY-11-12-CORE-0131 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 12 of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. it PY-11-12-CORE-0131 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of,all such information. CONTRACTOR shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 this Contract. 12 PY-11-12-CORE-0131 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program(PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area,the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood(chance,potential,prospect)for parenting behavior that is harmful and destructive to a child's cognitive,social,emotional and/or physical development,and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-11-12-CORE-0131 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 PY-ll-12-HS-0044 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND HELENE WURTH,BSW This Agreement,made and entered into the day of 2011,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Helene Wurth,BSW,hereinafter referred to as "Contractor". WITNESSETH WHEREAS,required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for Home Studies and Relinquishment Counseling; and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agggas follows: 4-6 1. Term Ct This Agreement shall become effective on June 1,2011,upon proper execution of this Agreement and shall expire May 31,2012,unless sooner terminated as provided herein. —c 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s)eligible for child protectidnlervices in compliance with Exhibit A "Scope of Services,"a copy of which is attached by reference. rte. CD 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child Welfare Administration funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7'h day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(25)calendar days of the month following service,it may result in forfeiture of payment. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Child Welfare Administration to the Department. d. The Department shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. �0//— 9. ?35 • PY-I 1-12-HS-0044 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements, program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of I luman Services shall he final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adlial to all applicable federal and state laws,orders,and all applicable standards,regulations, interpretations guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/reient records, papers,documents,tapes and any other materials that have been or may hereafter be ea4alished which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: cx; Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et.seq.and its implementing regulation,45 C.F.R. Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and its implementing regulations,45 C.F.R. Part 84;and the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et,seq.and N its implementation regulations,45 C.F.R.Part 91;and CD Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and - the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986, P.L.99-603; - 42 C.F.R. Pan 2 and all regulations applicable to these laws prohibiting discrimination because of race, color, National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary, CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 • PY-11-12-HS-0044 Included is 45 C.F.R. Part 74 Appendix G 9. which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible, as sources of supplies,equipment.construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense, and maintain for the duration of the work,the following insurance csy,Prage; Weld County.Colorado,by and through the Board of County Commissioners of Weld County. it employees and agents. shall be named as additional named insured on the insurance,where permi55,ible by the insurance provider. C`, a. Standard Workman's Compensation and Employer's Liability. •, 1. As required by state statute including occupational disease,covering all emplaces at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-1 1-12-1-1S-0044 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may he required in specific program areas. For any insurances that are required by this contract, a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract, it has currently in effect all necessary licenses,approvals, insurance.etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Contractor has not previously attended the training. The Contractor may be required to attend additional training at the request of the Department. The cost of such training will be paid for by the Department. The Department will not compensate the Contractor for the time spent attending the required trainings. 12. Subpoenas CONTRACTOR will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by facsimile and will return a waiver of service within 72 business hours. If the Contractor receives a subpoena via facsimile but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-353-5215,ext.6503,and advise that the subpoena must be personally served. `1.1. 13. Monitoring and Evaluation c CONTRACTOR and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by CONTRACTOR and the Department. The results of the monitot4Ag and evaluation shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. CONTRACTOR shall permit the Department,and any other duly authorized agent or government3lz(gency, to monitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. At¢e monitoring agency may in its sole discretion deem necessary or appropriate,such program data,spO761 analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 14. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 15. Remedies The Director of human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 • PY-I 1-12-1'15-0044 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by CONTRACTOR cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department; c. Incorrect payment to CONTRACTOR due to omission,error, fraud,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agreements between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Helene Wurth,BSW Private Practice Name Title rO ti 17. Notice "' All notices required to be given by the parties hereunder shall be given by certified arregistered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute persons)or address to whom such notices shall be sent: , To: The Department To: CONTRACTOR Judy A.Grieco,Director Helene Wurth,BSW P.O.Box A 4306 Beaver Creek Drive h'' Greeley,CO 80632 Fort Collins,CO 80526 t„.. (970)352-1551 (970)631-6235 C 18, Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the I luman Services Director. The term'litigation" includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-I 1-12-HS-0044 20. Entire Agreement 'Phis Agreement.together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 14 herein. ry Cr O 6 PY-11-I2-HS-0044 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. • 7.5 ATTEST: WELD COUNTY BO* % COUNTY CLERK TO THE BOA � •^�'� t" GONERS WELD 61 „¢O LORADO - �� i A. �. By: /kQ {� / ✓ iii �� ,�� . , n1I epu. tr arbara Kirkmeyer,C it a 1 72011 7" • A FORM: CONTRACT R: BY Att Bey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: • Jud r .Grie ,Director rJ C c; Cr 7 2C//- aa33 • PY-11-12-HS-0044 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide home study and relinquishment counseling services for families referred by the Department. 2. CONTRACTOR can conduct adoptive, foster,kinship and ICPC home studies. 3. CONTRACTOR will utilize the Structured Analysis Family Evaluation(SAFE)tool developed by the Consortium of Children. CONTRACTOR is SAFE certified and on the State's approved home study vendor list. 4. CONTRACTOR will complete a Department of Motor Vehicle background check. All CBI,FBI and LexisNexis background check information will be completed by the Department. 5. CONTRACTOR will submit a completed home study to the Department with their billing within 60 days of receipt of the home study referral. A complete home study will include the study in SAFE format, background check information,SAFE questionnaires completed by the applicants,references and all other original documents submitted by the home study applicant. 6. Relinquishment counseling services will be provided to all adult individuals referred by the Department,as well as associated children 12 years of age and older,utilizing the required State format. CONTRACTOR will submit a written report and the appropriate affidavits and interrogatories. 7. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any specific Weld County home. Areas of concern may include,but are not limited to,any physical,emotional, educational or behavioral issues. Child abuse must be reported immediately per law. rro C, Cl VJ 4., O 8 PY-ll-12-HS-0044 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from at the rate specified in Paragraph 2,below. The total amount to be paid to CONTRACTOR during the term of this Agreement shall be reported by the Department in Trails after May 31,2012, Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract.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 this Contract or amend it accordingly. 2. Fees for Services $950.00/Episode(Full Home Study) $450.00/Episode(Updated Home Study) $200.00/Episode(Each Additional Adult/Full Home Study) $50.00/Hour(I study cancelled by Human Services) $100.00/I lour(Relinquishment Counseling) $35.00/Hour(Interpretive Services) rV C> Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Sera ces will be performed regardless of client's refusal or inability to pay co-pay. ci Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. C 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the sees authorized were provided on the date indicated and the charges made were pursuant to the terns j d conditions of Exhibit A. C a. All billings are to be submitted by the 7th day of the month following the month of service. If the billing is not submitted within twenty-five(25)calendar days of the month following service, it may result in forfeiture of payment. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. c. For monitored sobriety, proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-11-I2-HS-0044 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess.not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section.subsection,paragraph,sentence,clause, or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall lee any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 anEthat no person shall,on the grounds of race, creed.color,sex, or national origin,be excluded from participon in, be denied the benefits of or be otherwise subjected to discrimination under this approved Contract. -r 8. CONTRACTOR assures that sufficient.auditable, and otherwise adequate records that will provide:3 accurate,current. separate.and complete disclosure of the status of the funds received under the Cgnjsact are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal, and State auditors,and representatives to audit and mtitin CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall he maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: Ilan audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period-the materials shall be retained until the resolution of the audit finding. 10 • PY-11-12-HS-0044 10. CONTRACTOR assures that authorized local,federal, and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 1 I. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Child Welfare Administration funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had acicivil judgment rendered against them for commission of fraud or a criminal offense in connectwith obtaining,attempting to obtain,or performing a public(federal,state, or local)transactionst contract under a public transaction;violation of federal or state antitrust statutes or common of embezzlement.theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; cz� c. Are not presently indicted for or otherwise criminally or civilly charged by a government gity (federal,state, or local)with commission of any of the offenses enumerated in paragraph rat-this certification; and ti d. Have not,within a three-year period preceding this Contract, had one or more public tran jions (federal,state, and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship ola CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships arc in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are 11 • • PY-II-12-HS-0044 maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination oIl all such information. CONTRACTOR shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees.agents.and subcontractors, if any.with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department. if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates, but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees, contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents. warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. 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 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 this 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 elagtive date of this Contract. en C7 O 12 • PY-I I-I2-HS-0044 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review,a Performance Improvement Program (PIP)will be implemented for the state to enhance services to families. Additionally,the review will assess statewide,systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety,permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or jutgending danger threats, and caregivers are unable or unwilling to provide protection. d o Risk is the likelihood(chance,potential.prospect)for parenting behavithat is harmful and destructive to a child's cognitive, social,emotional and/or physical devi 2pment,and those with parenting responsibility are unwilling or unable to behave differently. C) • Monthly reports should continually document an assessment of risk and safety cyerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety-measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and josontrol for safety. W Permanency Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-ll-12-HS-0044 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. • Providers should continually assess family relationships(parent/child, sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical.emotional, educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. nJ a) Iowa I- c c) a: n trt O 14 Hello