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Home My WebLink About20101791 RESOLUTION RE: APPROVE FORTY-TWO 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 forty-two 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, 2010, and ending May 31, 2011,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 forty-two 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 9th day of August, A.D., 2010, nunc pro tunc June 1, 2010. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO ATTEST: fi�"' glas ademac er, air Weld County Clerk to th¢ r Ez — �+ � r+ m /rbara Kirkme er, ro-Te BY: WAZ/Lcv Deputy Clerk to the Board 4ciaj way � -1 AP A • - ounty ttorney t ii cz-tjt David E. Long Date of signature: C25 5 anc St+u' to N- 12u 2010-1791 (5uSa+"i �S HR0081 MEMORANDUM a A(ii(t9DATE: August 5, 2010 1 TO: Douglas Rademacher, Chair, Board of ommissio ers V�` C FROM: Judy A. Griego, Director, Human Se men g , es e COLORADO I VVVv 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 May 10, 2010, Work Session. The major provisions of these Agreements are as follows: Program Area/Funding Provider Source PY10-11 Proposed Rate(s) Ackerman and Intensive Family Therapy $110.00/Hr Associates, PC (Mediation) $110.00/Hr(Court Staffing and Testimony) Max.$5,000.00 06/01/10-05/31/11 Core Ackerman and Mental Health Services $110.00/Hr Associates, PC $110.00/Hr(Court Staffing and Testimony) Core Max.$10,000.00 06/01/10-05/31/11 Ackerman and Sex Abuse Treatment $110.00/Hr Associates, PC $110.00/Hr(Court Staffing and Testimony) Core Max.$25,000.00 06/01/10-05/31/11 Barry Lindstrom, Ph.D., Mental Health Services $325.00/Hr(MHA, Psych Eval, LLC Interactional) Core $125.00/Hr(Ind.Therapy w/Ph.D.) 06/01/10—05/31/11 $65.00/Hr(Therapy w/M.S.) $150.00/Hr(Fam.Therapy w/Ph.D.) $75.00/Hr(Fam. Therapy w/M.S.) $30.00/PP/Grp(Group Therapy) $150.00/Hr(Court Facilitation/Staffing w/ Ph.D.) $75.00/Hr(Court Facilitation/Staffing w/ M.S.) $175.00/Hr(Court Prep/Travel/Testimony- 2 hr min.- Ph.D.) $100.00/Hr(Court Prep/Travel/Testimony- 2 hr min.-M.S.) Max.575,000.00 r1e EXHIBIT 4 2010-1791 Family Matters of Lifeskills $45.00/Hr(Safe Exchange w/I 30 miles of Colorado, LLC Fort Lupton) Core $75.00/Hr(Safe Exchange o/s 30 miles of 06/01/10-05/31/11 Fort Lupton) $75.00/Hr(Monitored/Supervised w/I 30 miles of Fort Lupton) $105.00/Hr(Monitored/Supervised o/s 30 miles of Fort Lupton) $110.00/Hr (Therapeutic wfi 30 miles of Fort Lupton) $140.00/Hr(Therapeutic o/s 30 miles of Fort Lupton) $150.00/Hr (Court Testimony) Max.$20,000.00 Family Matters of Mental Health Services $110.00/Hr(Individual, Couples or Family Colorado, LLC Therapy w/I 30 miles of Fort Lupton) Core $140.00/Hr (Individual, Couples or Family 06/01/10-0531/11 Therapy w/I 30 miles of Fort Lupton) $150.00/Hr(Court Testimony) Max. $20,000.00 Greeley Counseling Mental Health Services $1,400.00/Episode (Psych Eval- In-office) Center, P.C. (Gardner) $1,700.00/Episode (Psych Eval-Out-of- Core Office) 06/01/10-05/31/11 $1,200.00/Episode (Parental Fitness Evaluation) $175.00/Hr(Per hour charge for partial evaluations) $160.00/Hr(Interactional Eval.) $120.00/Hr(Individual or Family Therapy) $60.00/Episode (Travel Surcharge- Evaluation or Therapy) $160.00/Hr (Crisis Intervention Services) $120.00/Hr(Court Facilitation, Mediation or Staffing) $180.00/Hr(Court Testimony) Max.$40,000.00 IDEA Forum, Inc. Anger/DV $45.00/Episode/PP (Group) $65.00/Episode (Individual, Adult) 06/01/10-05/31/11 CW Admin $45.00/Episode (Individual, Youth) $150.00/Episode (Anger/DV Eval) Max. $20,000.00 IDEA Forum, Inc. Monitored Sobriety $15.00/Episode (Urinalysis) $35.00/Episode (Urinalysis EtG) 06/01/10-05/31/11 CW Admin $6.00/Week(Breathalyzer, 1-3/Week) $10.00/Week (Breathalyzer, Daily) $50.00/Month (Antabuse w/o Treatment) Max. $20,000.00 Jubilee Retreat Center Foster Parent Consultation $95.00/Hr Max. $7,000.00 06/01/10-05/31/11 Core Jubilee Retreat Center Foster Parent Training $3,995.00/Training $58.00/PP(Foster Parent Education 06/01/10-05/31/11 CW Admin Group) Max. $65,000.00 Jubilee Retreat Center Lifeskills $95.00/Hr $125.00/Hr(Court 06/01/10-05/31/11 Core Facilitation/Staffing/Testimony) Max. $45,000.00 Jubilee Retreat Center Mental Health Services $200.00/Episode (Assessment, 2 hrs) $125.00/Hr(Neurofeedback) 06/01/10-05/31/11 Core $125.00/Hr(Court Facilitation, Staffing or Testimony) Max. $15,000.00 Lutheran Family Services Home-Based Services $105.00/Hr of Colorado $75.00/Hr(Court Core Facilitation/Staffing/Testimony) 06/01/10-05/31/11 Max. $30,000.00 Lutheran Family Services Home-Based Services $500.00 (Assessment) of Colorado $95.00/Hr(Ongoing support) Core Max.$3,000.00 06/01/10-05/31/11 Lutheran Family Services Home Study $1,000.00 (English, 2 adults max, no more of Colorado than 4 interviewees total) CW Admin $1,600.00 (Monolingual or Bilingual,2 06/01/10-05/31/11 adults max, no more than 4 interviewees total) $100.00 (Add. fee for more than 4 interviewees) Max.$25,000.00 Lutheran Family Services Lifeskills $105.00/Hr of Colorado $75.00/Hr(Court Facilitation/Staffing/ Core Testimony) 06/01/10-05/31/11 Max. $75,000.00 Lutheran Family Services Intensive Family Therapy $800.00/Episode (Initial TDM) of Colorado (Team Decision Making) $500.00/Episode (Subsequent TDMs if needed) 06/01/10-05/31/11 Core $75.00/Hr(Follow up services) Max. $10,000.00 North Range Behavioral Anger/DV $35.00 (Group,Anger or DV) Health $135.00 (Evaluation,Anger or DV) CW Admin $50.00/Hr(Court Testimony) 06/01/10-05/31/11 Max. $10,000.00 North Range Behavioral Functional Family Therapy $650.00/Mth Health Max.$21,000.00 Core 06/01/10-05/31/11 North Range Behavioral Mental Health Services $200.00 (MHA) Health $800.00 (Partial Psych Evaluation) Core $1,200.00 (Full Psych Evaluation) 06/01/10-05/31/11 $1,800.00(Extend. Psych Evaluation) $120.00/Hr(Court Facilitation/Staffing/Testimony) Max. $3,000.00 North Range Behavioral Monitored Sobriety $20.00/Episode (UA-5 Panel, UP,-7 Health Panel, InstaCheck- 1 Panel, Multi-panel CW Admin Instant UA, Instant Swab) 06/01/10—05/31/11 $35.00/Episode (Confirmation) $5.00/Episode (BA) $100.00/Episode (Hair Testing) $35.00/Episode (Ethyl Glucuronide Test- EtG) $50.00/Episode (Patch) Max. $25,000.00 North Range Behavioral Multi-Systemic Therapy $1,750.00/Mth Health Max.$80,000.00 Core 06/01/10—05/31/11 Poudre Valley Health Home-Based Services $1,700.00/Mth Care dba Poudre Valley $56.50/Day (Daily rate for partial month of Hospital (Mountain Crest Core service) Behavioral Healthcare Max.$95,000.00 Center) 06/01/10-05/31/11 Reflections for Youth, Day Treatment $109.06/Day(Regular Day Treatment w/ Inc. min 2 DBT groups/wk) Core $133.06/Day (Enhanced Day Treatment) 06/01/10—05/31/11 $161.92/Day(Youth and Family Day Treatment) Max.554,000.00 Reflections for Youth, Home-Based Services $89.39/Hr Inc. $80.00/Hr(Court Testimony) Core Max.$5,000.00 06/01/10-05/31/11 Reflections for Youth, Sex Abuse Treatment $60.00/PP Inc. Max.$250.00 Core 06/01/10—05/31/11 Savio House Functional Family Therapy $780.00/Mth Max.$2,000.00 06/01/10—05/31/11 Core Savio House Home-Based Services $1,814.00/Mth Max.$20,000.00 06/01/10-05/31/11 Core Savio House Home-Based Services $1,600.00/Mth Max. $20,000.00 06/01/10-05/31/11 Core Savio House Multi-Systemic Therapy $1,575.00/fvtth (MST) Max.$60,000.00 06/01/10-05/31/11 Core Savio House Sex Abuse Treatment $1,833.00/Mth Max.$5,000.00 06/01/10-05/31/11 Core Shiloh Home, Inc. Day Treatment $1,550.00Mfth Max.$5,000.00 06/01/10—05/31/11 Core Sionnach Counseling Foster Parent Consultation $90.00/Hr Services, LLC (John $100.00/Hr(Court i Gray) Core Testimony/Staffing/Facilitation) Max.$15,000.00 06/01/10-05/31/11 Sionnach Counseling Foster Parent Training $90.00/Hr (in Greeley) Services, LLC (John $110.00/Hr(Outside Greeley) Gray) CW Admin $100.00/Hr(Court Testimony/Staffing/Facilitation) 06/01/10-05/31/11 Max.$10,000.00 Sionnach Counseling Mental Health Services $90.00/Hr Services, LLC (John $100.00/Hr(Court Gray) Core Testimony/Staffing/Facilitation) Max.$5,000.00 06/01/10-05/31/11 Strong Foundations, LLC Foster Parent Consultation $100.00/Hr (Julie Box) $100.00/Hr (Court Prep/Testimony) Core Max.$13,000.00 06/01/10-05/31/11 Strong Foundations, LLC Foster Parent Training $3,600.00/Training (Julie Box) $810.00 (Add. rate for interpretive CW Admin services) 06/01/10-05/31/11 $60.00/PP(Foster Parent Education Group) $100.00/Hr (Court Prep./Testimony) Max. $45,000.00 Strong Foundations, LLC Home Based Services $50.00/Hr (Julie Box) $50.00/Hr(Court Testimony) Core Max.$5,000.00 06/01/10-05/31/11 Strong Foundations, LLC Home Study/ $950.00 (Full HS) (Julie Box) Relinquishment Counseling $425.00 (Update HS) $250.00 (Add. rate per adult) 06/01/10-05/31/11 CW Admin $225.00(Cancelled HS) $300.00(Add. fee interpretive Services- Family HS) $150.00 (Add.fee interpretive Services- Ind. HS) $100.00/Hr(RC) $100.00 (Court Prep./Testimony) Max. $45,000.00 W.Troy Hause Attorney- Intensive Family Therapy $200.00/Hr at-Law Max.$10,000.00 Core 06/01/10-05/31/11 Wurth, Helene Home Study/ $950.00 (Full HS) Relinquishment Counseling $450.00 (Update HS) 06/01/10-05/31/11 $200.00(Add.fee per extra adult) CW Admin $50.00/Hr(Cancelled HS) $100.00/Hr (RC) $75.00/Hr (Court Prep./Testimony) $35.00/Hr(Interpretive Services) Max. $15,000.00 If you have any questions, give me a call at extension 6510. PY-10-II-CORE-0132 �/�✓ 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 9 day of 2010,by and between the Board of Weld County Commissioners,sifting as the Board of Human Servicelf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Ackerman&Associates,P.C.,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 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 th 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. c/D—/7y/ PY-I0-I 1-CORE-0130 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-10-I l-CORE-0130 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-10-1 1-CORE-0130 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-10-1 I-CORE-0130 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.Grieco,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-10-11-CORE-0130 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-10-11-CORE-0130 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. (J[j,. s� • ��OUNTY BOARD OF COUNTY ■1861 �„.'`��L+ �' OTHE BOARD COMMISSIONERS WELD ■ ,U �t / COUN LORADO rci C air ouglas demacher AP D AS T CONTRACTOR: AUG Q 9 2010 BY Co Att m Con ctor WELD COUNTY DEPARTMENT J4. OF HUMAN SERVICES By: Ju .Grie o,Direct r 7 O7O/O-/9g/ PY-10-11-CORE-0130 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide assistance in identifying appropriate participants for family planning meetings or otherwise locating and screening extended family members for planning meetings and/or potential placement for those families referred by the Department. 2. CONTRACTOR will provide mediation services in a five hour model that utilizes short-term intervention to assist in reunification or prevent placement for those families referred by the Department. 3. 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. 4. CONTRACTOR has a bilingual staff person who can provide services in Spanish and/or provide translation services. 5. CONTRACTOR has a maximum capacity of 10 referrals per month. 6. CONTRACTOR will submit a report detailing the outcome of services to the Department with their monthly billing. 8 PY-10-11-CORE-0130 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 Core Services funding,not to exceed$5,000.00. 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,if Core Services funds, 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/How $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 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. Billings must be submitted with the attached required forms, Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification forms must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-lt-CORE-0130 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 0-11-CORE-0130 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-10-11-CORE-0130 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-I 0-I l-CORE-0130 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-10-I 1-CORE-0130 • 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 conceming 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 concems 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 Ill PY-10-11-CORE-0132 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 day of 2010,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 Ackerman& Associates,P.C.,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 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. dO/C—/29/ PY-10-I I-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 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-10-II-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. I. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). I. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$I 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 0-1 l-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 retum 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-10-1 I-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.Griego,Director Joyce Shohet Ackerman,Ed.D. P.O.Box A 1725 25'"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 finding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-10-11-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-10-11-CORE-0132 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD C6 � ` `OARD OF COUNTY • CLERK T COMMISSIONERS WELD b �t •pii;�� ,// .�,� UNT OLORAD B ((�� lam Yh hN Deputy Clerk ' UN 't� hair ouglas demacher AP ED ORM: �� CONTRACTOR: AUG 0 9 201O BY �� _ �� . OVA_ .< �✓ Co mey on .etor WELD COUNTY DEPARTMENT OF HUMAN ERVICES 1 �I By: Ju A.Gil g ,Director 7 aE/O-/ 79/ PY-10-11-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 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). 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 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. 5. CONTRACTOR will participate in team reviews of ongoing services as requested. These will primarily include staffings and Core Review Team. 8 PY-10-11-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 Core Services funding,not to exceed$10,000.00. 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, if Core Services funds,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 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. Billings must be submitted with the attached required forms, Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-1 0-I 1-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-10-11-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-10-11-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. 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-10-11-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 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-10-1 1-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 U M 1 , PY-10-11-CORE-0155 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 day of 2010,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 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 Sex Abuse Treatment(Safe-T Program);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 1,2010, upon proper execution of this Agreement and shall expire May 31,2011,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 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-10-11-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 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 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-10-I l-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. 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-10-11-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-10-11-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 25°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-10-11-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-10-II-CORE-0155 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO �� OF COUNTY CLERK T , +r�i o MISSIONERSWELD r i, SIV LORAD to 4441 Deputy Clerk � / ylp Chair Douglas ademacher �..AV►� AUG 0 9 2010 AP AST MT CONT TOR: ((�� BY Cou Con etor / J • WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J y A.Grie o Director 7 c)717/0—/79/ PY-10-11-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 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). 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 requested. These will primarily include stuffings and Core Review Team. 8 PY-10-11-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 Core Services funding,not to exceed$25,000.00. 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, if Core Services funds,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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and the Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-I I-CORE-0155 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 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-10-I I-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 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-10-I 1-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-10-1 l-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 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-10-1 I-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 1:-"\ ti �vC � PY-10-11-CORE-0141 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND BARRY R.LINDSTROM,PH.D.,LLC This Agreement,made and entered into the day of 2010,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 Barry R. Lindstrom,Ph.D.,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 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. aoio-/29/ PY-10-11-CORE-0141 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-10-11-CORE-0141 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 SI 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-10-1 l-CORE-0141 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: 4 PY-10-11-CORE-0141 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: Barry R.Lindstrom,Ph.D.,LLC 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 Barry R.Lindstrom,Ph.D.,LLC P.O.Box A 3211 20ih Street,Suite D Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)356-3100 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-10-11-CORE-0141 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-10-11-CORE-0141 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO `. �� " �* ,, OF COUNTY CLERK TO "`: �i'ai' t SSIONERS WELD ,COLORADO Via• fw. g. deputy Clerk� `4' ` ' I air i ouglas '=demacher AP V AS CONTRACT 2010 / BY 7( 0 Co t n Contractor 9 ,Zt , P WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: J .Griego, 7 or 7 cet0/O- /72/ PY-10-11-CORE-0141 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Mental Health Services to individuals,couples and/or families referred by the Department. Services include the following: a. Mental Health Assessments/Psychological Evaluations—Assessments/Evaluations include an individual clinical interview to obtain relevant psychosocial history and mental status evaluation with each referred family members,conjoint clinical interviews with all family members(when applicable), conjoint clinical interview with child and current caregiver(s)if child is in out-of-home placement at the time of the referral,and psychological screening and testing. For adults,screening and testing may include the Beck Depression Inventory,Beck Anxiety Inventory, Penn Inventory for Post-Traumatic Stress Disorder(PTSD),Stressful Life Events Questionnaire, Rotter Incomplete Sentences,Mood Disorder Questionnaire,Adult Self-Report Scale(for ADHD),and other screening instruments as needed. These may include the Minnesota Multiphasic Personality Inventory-2(MMPI-2),Million Clinical Multiaxial Inventory-III(MCMI-III),Wechsler Abbreviated Scale of Intelligence(WASI), Bender Gestalt Visual Motor Test(BGVMT); Thematic Apperception Test(TAT),Projective Drawings,and the Rorschach Test. For children and adolescents,screening and testing may include the Behavioral Assessment System for Children(BASC)standardized behavioral assessment for each child,completed by the child(as age appropriate),parents,foster parents and teachers; Stressful Life Events Questionnaire; other non- standardized behavioral assessment and developmental history forms completed by parents,foster parents, and teachers as clinically indicated;Minnesota Multiphasic Personality Inventory for Adolescents(MMPI-A);Millon Adolescent or Pre-Adolescent Clinical Inventory(MACI,M-PACI); Thematic Apperception Test(TAT)or Children's Apperception Test(CAT);Projective Drawings; and the Rorschach Test. As clinically appropriate,evaluations will include consultation with collateral contacts,review of case records,previous evaluations and treatment records. b. Family(Interactional)Evaluations-Evaluate the child,the caregiver and the interaction between them across two or more sessions. Family evaluations require an average of eight(8)hours of direct contact and include the equivalent of an individual Mental Health Assessment of each family member and assessment of interaction between family members. This includes some or all of the following depending on family composition,child's placement and the caseworker's referral questions: i. Interviews: 1. Individual Clinical Interview(s)with each family member(1 to 2 hours for each member); 2. Conjoint clinical interviews with all family members(including marital,parent-child, and sibling subsystems as clinically indicated;3 to 5 hours) 3. Conjoint clinical interview/consultation with child and current caregivers(foster parent,relative etc)if child is in out of home placement at the time of evaluation. ii. Psychological Testing: 1. Adults: Millon Clinical Multiaxial Inventory-Ill(MCMI-III),Beck Depression Inventory,Beck Anxiety Inventory,Penn Inventory for PTSD,and Stressful Life Events Questionnaire(and others as clinically indicated)for each adult. [Additional psychological testing(see complete list above)can be completed as needed to address additional referral questions related to individual psychological functioning]; 8 PY-10-11-CORE-0141 2. Children and Adolescents:Behavioral Assessment System for Children(BASC) standardized behavioral assessment for each child,completed by the child(as age appropriate),parents,foster parents,and teachers. Other non-standardized behavioral assessment and developmental history forms completed by parents,foster parents,and teachers as clinically indicated. iii. Evaluation Reports: A written report for all assessments/evaluations will be provided to the referring caseworker within thirty(30)days of the completion of the evaluation. This report will summarize the referral questions;brief case history;evaluation course;methods and procedures(including psychological testing,records reviewed and collateral contacts); findings;conclusions and recommendations. Evaluation reports will address both strengths and protective factors and risk factors or problems. Recommendations will focus on how to maintain the child in his current placement,or how a change in placement would help to move the child closer to his permanency goal. If the child is legally free for adoption,recommendations will include whether the goal of adoption is appropriate at that time and/or how to move toward getting the child into an adoptive home,and what type of home would best meet the child's needs. iv. Client Feedback: Individuals and families will be offered a final diagnostic feedback session as part of the evaluation process to discuss test results and the findings and recommendations of the evaluation. Copies of the evaluation will be distributed to appropriate parties by the caseworker or psychologist in keeping with privacy laws,client consent and legal and professional standards. a. Individual and Family Treatment Services—Services will be problem-focused and will assist in the resolution of the issues that led to the Department's involvement with the family,as well as supporting the treatment goals of safety,well being and maintenance of the child's placement. Treatment will include development,cognitive-behavioral and family systems approaches with an emphasis on a continuum of care and evidence-based practices. 2. Services will be provided by Barry R. Lindstrom,Ph.D.,and Bonnie S. Lindstrom,M.S. Bonnie Lindstrom is under the clinical supervision of Antoinette Pasquale,M.A.,LPC. All Mental Health Assessments and evaluations will only be conducted by Barry R. Lindstrom,Ph.D. 3. CONTRACTOR will submit a report detailing the outcome of ongoing services to the Department with their monthly billing. For evaluation services,the CONTRACTOR will submit a portion of the evaluation,and submit a full,original copy to the referring caseworker. 9 PY-10-11-CORE-0141 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 Core Services funding,not to exceed$75,000.00. 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,if Core Services funds,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 $325.00/Hour(Mental Health Assessment,Psychological Evaluation,Interactional Evaluation) $125.00/Hour(Individual Therapy-Ph.D.) $65.00/Hour(Individual Therapy-M.S.) $150.00/Hour(Family,Siblings or Couples Therapy-Ph.D.) $75.00/Hour(Family,Siblings or Couples Therapy-M.S.) $30.00/Per Person/Group(Group Therapy)(Victim's Compensation will be utilized first when applicable.) $150.00/Hour(Court Facilitation or Staffing-Ph.D.) $75.00/Hour(Court Facilitation or Staffing-M.S.) $175.00/Hour(Court Preparation,Travel and Testimony,2-Hour Minimum-Ph.D.) $100.00/Hour(Court Preparation,Travel and Testimony, 2-Hour Minimum-M.S.) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-10-11-CORE-0141 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 maybe 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-10-11-CORE-0141 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-10-11-CORE-0141 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 arc 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-10-1 I-CORE-0141 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-10.11-CORE-0141 • 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-10-11-CORE-0198 u ll / i5 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 I day of {QFi 2010,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,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 Lifeskills(Visitation);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on Junel,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 0?O/O- /79/ PY-10-11-CORE-0198 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-10-11-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 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-10-11-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 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-10-11-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 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,LPC P.O.Box A 712 2n°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 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-10-11-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-10-1 l-CORE-0198 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO j c6i O I OF COUNTY CLERK TO ; B .' + � O ,i SSIONERS WELD OLORADO By: #hvA'i_ : r Deputy Clerk mat♦ Chair ouglas ademacher AUG 0 9 2010 APED CONTRACTOR: AV, BY c ty tti Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J dy A. Grie ,Director 7 PY-10-11-CORE-0198 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home-based and in-office visitation 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. 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. The 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. 4. All services will be provided by Master's,or higher,level therapists. 5. CONTRACTOR will 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 concem should be reported immediately AND on the required monthly report. 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. 11. CONTRACTOR will participate in team reviews of ongoing services as requested. These will primarily include staffings and Core Review Team. 8 PY-10-11-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 Core Services funding,not to exceed$20,000.00. 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,if Core Services funds,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 30 mile radius of Fort Lupton) $75.00/Hour(Safe Exchange outside a 30 mile radius of Fort Lupton) $75.00/Hour(Monitored/Supervised Visitation within a 30 mile radius of Fort Lupton) $105.00/Hour(Monitored/Supervised Visitation outside a 30 mile radius of Fort Lupton) $110.00/Hour(Therapeutic Visitation within a 30 mile radius of Fort Lupton) $140.00/Hour(Therapeutic Visitation outside a 30 mile radius of Fort Lupton) $150.00/Hour(Court Testimony-Actual Court Time Only. No additional charge for preparation or travel time.) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement, Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-1 l-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 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-10-11-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. 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 govemment 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-10-11-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 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-10-11-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 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-10-11-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. 14 .111 PY-10-11-CORE-0197 I' CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND FAMILY MATTERS OF COLORADO,LLC I s f" i This Agreement, made and entered into the t day of.Ja re- 2010,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 Family Matters of Colorado,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 Mental Health Services(Individual,Couples and Family Therapy);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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 thy 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/C— / 79/ PY-10-11-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—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-10-11-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 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-10-11-CORE-0197 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-10-1 I-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 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 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,LPC P.O.Box A 712 2nd 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 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-10-11-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-10-11-CORE-0197 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. and of �'' L • v �♦ tic ATTEST: WELD CO ' :61 tc°rr• O OF COUNTY CLERK TO ' B t '; . � � O P I SSIONERS WELD COLORADO By: Deputy Clerk / `�,►��. air D uglas ademacher AP O AS T CONTRACTOR: ,' t �lA��JUG O`/9 2010 BY êfthr )f &a WELD COUNTY DEPARTMENT OF HUM4mrec VIC By: D 7 PY-10-11-CORE-0197 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home-based and in-office therapy services to individuals,couples and families referred by the Department. In office therapy services will be provided at 712 2"a Street,in Fort Lupton,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 are 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 will 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 be reported immediately AND on the required monthly report. 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. 10. CONTRACTOR will participate in team reviews of ongoing services as requested. These will primarily include staffings and Core Review Team. 8 PY-10-1 I-CORE-0197 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 Core Services funding,not to exceed$20,000.00. 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,if Core Services funds,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(Individual,Couples or Family Therapy within a 30 mile radius or less of Fort Lupton) $140.00/Hour(Individual,Couples or Family Therapy outside a 30 mile radius of Fort Lupton) $150.00/Hour(Court Testimony-Actual Court Time Only. No additional charge for preparation or travel time.) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0197 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-10-11-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. 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-10-11-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 (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-10-1 l-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 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 concems 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-10-11-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 H _ DVikr- PY-10-11-CORE-0139 ©�© CHILD PROTECTION AGREEMENT FOR SERVICES 4/0/BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES `1 AND GREELEY COUNSELING CENTER,P.C. //0 e This Agreement,made and entered into the day of 2010,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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 71b 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. I ?o/ - /79/ PY-10-11-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 a 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-10-11-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. Comoliance 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-10-11-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-10-11-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,Psv.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.Psv.D. P.O.Box A 1228 8th 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 finding is no longer available. 5 PY-10-11-CARE-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-I 0-1 I-CORE-0139 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO )6i4 :QI?P !ISSIONERS g } � OF COUNTY ERK TO �t WELD � COLO By: Deputy Clerk �� Chair ouglas Rademacher AUG 0 9 2010 APP AS TO F CONTRACTOR: BY ,- Co /Contract WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: A.Gri go rector 7 a0/D- i 79 PY-10-11-CORE-0139 EXHIBIT A SCOPE OF SERVICES I. 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-III,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. 2. Services will only be provided by Jack J.Gardner,Psy.D. 3. CONTRACTOR will submit a report detailing the outcome of ongoing services to the Department with their monthly billing. For evaluation services,the CONTRACTOR will submit a portion of the evaluation with billing,and submit a full,original copy to the referring caseworker. 8 PY-I0-I 1-CORE-0139 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$40,000.00. 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,if Core Services funds,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) $1,200.00/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) $160.00/Hour(Crisis Intervention Therapy) $120.00/Hour(Individual/Family Therapy) $60.00/Episode(Additional travel surcharge for hourly services outside of Greeley,CO.) $180.00/Hour(Court Testimony) $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 7t°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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-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 finding. 10 PY-10-1 l-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. 11 PY-10-11-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. 12 PY-10-1 I-CARE-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. 13 PY-10-11-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. 14 ^^fin^ PY-10-11-CPS-0117 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_..,n1i3 2010,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: Term This Agreement shall become effective on June 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 7i11 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 aoio X79/ PY-10-1 1-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.sec.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-10-11-CPS-01 17 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 he 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-10-11-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 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. 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-10-11-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/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 Marcela Paiz,CEO/Executive Director P.O. Box A 2560 West 29th Avenue Greeley,CO 80632 Denver,CO 80211 (970)352-1551 1303)467-8280 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-10-11-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-10-11-CPS-0117 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. '�� ATTES tM1�li1�� 18bI Y�e� ..0 dill BOARD OF COUNTY T �OARD COMMISSIONERS WELD COON ,COLORADO By: „fs�i!Grrift►:�!; ! ./ _ By: Derr*'- `9 V _C'q= �. � hair ouglas ademacher Al' UA V�1�AS TO FORM: CONT CTOR: Gr1O BY�. n tCtt4 Contracto WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju .Grie , Director 7 0X2//- /79/ PY-10-11-CPS-0117 EXHIBIT A SCOPE OF SERVICES L 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. ii. 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-10-11-CPS-0117 7. Services are available in Denver,Aurora, Brighton and Thornton, CO. Flours 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 submit a report on a monthly basis for each active treatment referral. 9. CONTRACTOR will participate in team reviews of ongoing services as needed. 9 PY-10-11-CPS-0117 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Child Welfare Administration funds,not to exceed$20,000.00. 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,if Core Services or Child Welfare Administration funds,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/Episode/Per Person(Group Session) $65.00/Episode(Individual Session,Adult) $45.00/Episode(Individual Session,Youth) $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 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Fonn must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-10-11-CPS-0117 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 he retained until the resolution of the audit finding. 11 PY-10-11-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-10-11-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(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-10-11-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-10-11-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 he 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 Ir" r,r?PIDP^ PY-10-11-CPS-0108 so, CHILD PROTECTION AGREEMENT FOR SERVICES 4. BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES /,• AND IDEA FORUM, INC. cf This Agreement,made and entered into the I day of ,31- 2010,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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. oliaio- /79/ PY-10-11-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.P.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-10-11-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. S. 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-10-11-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-10-1 1-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/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 Marcela Paiz,CEO/Executive Director P.O. Box A 2560 West 29th Avenue Greeley,CO 80632 Denver,CO 80211 (970)352-1551 (303)467-8280 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-10-11-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 he changed or modified except as stated in Paragraph 14 herein. 6 PY-10-1I-CPS-0108 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: ► :.; ��, WELD CO ii TY -.� ��.+�y• RD OF COUNTY CLERK T•-,A ' '•'+d!' lisz9 ISSIONERS WELD � TY,COLORADO By: Deputy Clerk , hair Bougla Rademacher AP ED AS T • ACONTR•CTOR: AUG P 9 2010 BY Cou t Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju y .Gri o, vector 7 ao/o-/79/ PY-10-11-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. 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, 10 a.m.-9 p.m.; Friday, 10 a.m.-8 p.m. Facilities are closed 1-2 p.m.daily. 5. CONTRACTOR will submit a report on a monthly basis for each active treatment referral. 6. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-10-11-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 from Child Welfare Administration funds,not to exceed$20,000.00. 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, if Core Services or Child Welfare Administration funds,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 $15.00/Episode(Urinalysis) $35.00/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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must he submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-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 he 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-10-11-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 he 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-10-11-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)(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-10-1 1-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 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-l0-11-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 he 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 7750- 177 g 1 W-tat 1-CORE-0117 ?9,//1 h'. CHILD PROTECTION AGREEMENT FOR SERVICES y,U, �9 L BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER 79 This Agreement,made and entered into the a day of ads,y 2010 by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Inman Services,hereinafter referred to as the'Department,' and Jubilee Retreat Center,hereinafter referred to as "Contractor-. WITNESSED I WI IERliAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies and WIIERI AS,the Colorado Department of Human Services has provided Core Services funding to the Department for Poster Parent Consultation:and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. 'Fenn This Agreement shall become effective on June I, 2010, upon proper execution of this Agreement and shall expire Map 3I,2011,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 he 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_ CONFRAC"FO12 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°i day of the month following the month the cost was incurred. If the billing is not submitted within twenty-five(251 calendar days of the month following sen-ice,it may result in tbrfeiture 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 he reimbursed or considered part of this Agreement. G?O/O— / 7V PY-10-11-CORE-0I 17 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 IJnless othernise 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 perlbrmance of the agreement. b_ The Department may withhold any payment if CONTRACTOR has tailed 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 I luman 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 I aws 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 IJ.S.C. Sections 2000d—I et. seq. and its implementing regulation,45 C.F.R. Part S0 ex seq.:and - Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and - its implementing regulations,45 C.E.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 Disenmination in I Irnployment Act of 1967:and - the l iqual Pay Act of 1963_and the ISducation Amendments of 1972:and - Immigration Reform and Control Act of 1986,P.I.. 99-603'. - 42CF.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 0-11-CORE:0117 Included is 45 C.P.R. Part 74 Appendix O 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 I lwman 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(PI.&I'D)(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 be provided to Weld County and must he attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-10.11-CORE-0117 c. Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage mac he required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance l'omi shall he provided to the Department by the Contractor prior to the start of any contract. I 0. 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 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 he 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 m+ill 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 find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall he defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 FY-I D-I I-CORE:-01 17 a. Withhold payment to CON'T'RACTOR 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 he 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 b) 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,I.PC 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 persons)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A. Griego-Director Iexi Kochevar.MS,LPC P.O.Box A 6445 the Highway Greeley,CO A0632 Longmont,CO 80503 1970)352-1551 (970)352-8873 IA. 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 documents)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-10-11-CORE-0l 17 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-10- 1-CORE-0117 IN WITNESS WHEREOF',the parties hereto have duly executed the Agreement as of the day,month,and year first above written. . r. .113 114, ATTEST:ST: c WELD COt iN F f/ is 1�� OFCOUN'fY 861 1'y .!x CLERK TOT t':13 r l Z SSIONI1RS WELD 'OE OI2ADO ��Deputy Clerk • r lair D glas R demaeher AP OV , •jam • M: CONTRACTOR: AUG 0.9 2010 BY Co .•A o cy 'o tractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES Bv. J 4 A.Gric u hector 7 do/o- / 29/ PY-I(1-I I-CORE-(lf 17 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide 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 address issues,in a solution-focused manner that 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 Iollowing 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 he reported immediately AND on the required monthly report. 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. 9. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-10-11-CORE-01 17 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Pamment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$7,000.00. Expenses incurred by CONTRACTOR,in association with said project prior to the tenn of this agreement, are not eligible Department expenditures and shall not he reimbursed by the Department. Payment pursuant to this Contract,if Core Services tunds, 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/I lour(Foster Parent Consultation) Department referrals will not he sent to collections by Contractor for default of co-pay/tees. 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 l i(hibit 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. h. Billings mast he submitted with the attached required forms, Authorization for Contractual Services,Request for Reimbursement,Client Verification Port and monthly report. The Authorization for Contractual Services and Client Verification Form must he submitted with original signatures. c. For monitored sobriety,proof of services rendered shall he a sign-in sheet with client signatures or the test result. 9 PY-10-I I-CORE-(11 17 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 arc 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 he 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 he deemed to constitute a waiver of any inunuuuties 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 he 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 Ihr 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 he maintained by CONTRACTOR,in a central location and shall he 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 he necessary to resolve any matters which may he 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-10-I I-CORE-01 17 10. CONTRACTOR assures that authorized local,federal,and stale auditors and representatives shall,during business hours,have access to inspect any copy records,and shall he allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the tenns 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 he 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 he 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 he 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. h. I lave 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 Ibr 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. I lave not,within a three-year period preceding this Contract,had one or more public transactions (federal,state.and local)terminated for cause or default. l5_ 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 CON'f RACCOR. II PY-10-11-CORE-0l 17 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that arc 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 minors 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((I.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 I lomeland Security, and (h) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(h). Contractor shall comply with all reasonable requests made in the course of an investigation under C.K.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 he 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.K.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-10-11-CORE-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 perfomlance 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 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 1 Children are,first and foremost,protected from abuse and neglect. Safety 2 Children arc 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 arc 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 ehild(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(l-1 1-CORE-(1117 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recormnendations 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 he appropriate. This must he 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 bathers may he 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-10-I I-CPS-11095 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES �/y//. AND JUBILEE RETREATCENTER yf� This Agreement_made and entered into the 1.��') day of j,Aq 20111,by and between the Board of Weld County Commissioners,sitting as the Board of I luman Services,r n behalf of the Weld County Department of human Services,hereinafter referred to as the"Department,"and Jubilee Retreat Center,hereinafter referred to as "Contractor". WIINESSI:111 WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies:and WHEREAS,the Colorado Department of 1luman Services has provided Child Welfare Administration funding to the Department for Foster Parent Training:and NOW T1111REPORL,in consideration of the premises,the parties hereto covenant and agree as Hollows_ 'Fenn This Agreement shall become effective on June 1,2010, upon proper execution of this Agreement and shall expire May 31,2011,unless sooner terminated as provided herein. 2. Scope of Services Services shall he 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 he made on the basis of Exhibit 13,"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. h. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Iixhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 7'1'day of the month following the month the cost was incurred. I f 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 Child Welfare Administration to the Department. d. The Department shall not he billed for,and reimbursement shall not be made for time involved in activities outside of those defined in I•ixhibit A. Work performed prior to the execution of this Contract shall not he reimbursed or considered part of this Agreement. ao/o- ,79/ PY-10-11-CPS-0095 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 cordons 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 RACfOR 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 tenns,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 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 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 Hollowing 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 I LSC. Sections 6101 et. seq. and its implementation regulations,45 C.F.R.Paul 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 CUR Part 2. 2 PY-10-11-CPS-0095 Included is 45 C.P.R. Part 74 Appendix G 9,which requires that affirmative steps he 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. A Compliance with Child and Family Services Review The Child and Fancily 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 I)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(PI.&PD)(Minimum). Combined single limit-$500,000 written on an occurrence basis. 2_ Any aggregate limit will not he less than$I 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-10-11-CPS-0095 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 Fonn 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 he 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 front the Weld Countv 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 he personally served. 13. Monitoring and I1 valuation 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 he 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 CONTRAC'T'OR 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 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 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-10-1 1-CPS-0095 a_ Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satistimeton lv 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 meriting a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Lori Kochevar.MS.I.PC Owner Name Title 7. 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 Isom 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.Ciriego.Director Lori Kochevar,MS.LPC P.O. Box A 6445 Lite Ilighwav 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 I Iuma❑Services Director. The tenn`litigations includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may he 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-10-I I-CPS-0095 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 ma> not be changed or modified except as stated in Paragraph 14 herein. 6 PY-10-I I-CPS-0095 IN WITNESS WI II ll3.11O11.the parties hereto have duly executed the Agreement as of the day,month,and year first above written r*n AY1 EST: WELD COtJN�1861 6 13� OE COUNTY CLERK TO-I I ER t Q � , .• SIONERS WELD �� (�` C•a"`�� COI ORAD( Dewty Clerk �� ' S tur nouglas ' ademacher RO . )AS TO CONTRACTOR: AUG 09 2010 'o cv Con actor q41121.1" WELD COUNTY DEPARTMENT OF HUMAN SERVICES fly: Ju A.Griego, irector 7 a,2O/D--/79'i PY-10-I I-CPS-0095 EXHIBIT A SCOPE OF SERVICES _ CONTRACTOR will provide training for Department Ibster families. '[raining includes Core Foster Parent Training for Department foster home applicants(as scheduled by the Department)and monthly Foster Parent Education Groups. The goal of the program is to enhance and improve the quality of care being provided to the Departments children and youth. 2. Core Foster Parent Training consists of a 27-how training that includes,but is not limited to,a complete review of the Weld Counts Foster Parent I landbook,as well as information on the following: a. I ffects of fostering on the foster family. h. Poster care resources and references. c. Balancing needs(team approach to foster care). d. Roles and responsibilities of luster parents. c. Reasons for and determination of placement of children. I Appropriate boundaries. g. Documentation. h Structured house procedures. i. Working with biological family members. j. Overview of abuse. k.Effective parenting. 1. Legal issues. m. Ethnicity and cultural issues. n-Key concepts of child growth and development. o.Attachment and bonding issues. p. Attachment parenting. q.Consequence-based parenting. 3. Foster Parent Education Groups will be conducted on a monthly basis and will be educational in nature. CONTRACTOR will identilA a topic for each group. Topics may include,but are not limited to, pennanencc,well-being of foster families,placement issues,behavioral management,issues regarding biological children in the Ibster home,transition and loss, implementation of treatment plans,and discipline in the home. CONTRACTY)R also will provide foster families with access to training materials and handouts. 4. CONTRACTOR will obtain prior approval from the Department for any other training other than Core Foster Parent Training(as scheduled by the Department)and the monthly luster parent groups. 5. CONTRACTOR will provide Irainings per the agreed upon schedule below. October - 15, 16,29,30 January - 28,29, Feb. I1, 12 May - 20,21, June 3,4 6. 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. 7. 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. 8. CONTRACTOR will identity in detail areas of continued concern and make recommendations to the Department regarding the need for additional services in a specific Weld County home. 8 PY-l0-1 t-CPS-0095 9. 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 he reported immediately per law. 9 PY-10-11-CPS-0095 EXHIBIT B PAYMENT SCHEDULE I. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Child Welfare Administration blinding,not to exceed $65,000.00. 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,if Child Welfare Administration funds,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 $3,995.00/Episode(Core Foster Parent Training Regardless of Number of Participants) $58.00/Person(Foster Parent I education) Department referrals will not be sent to collections by Contractor for default of co-pay/tees. Services will he 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°i 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. h. Billings must he submitted with the attached required forms,Authorization for Contractual Services,Request Mr Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Fore must be submitted with original signatures_ e_ For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. I0 PY-I0-11-CPS-0095 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 he 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 workers compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRAC'T'OR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall he deemed to constitute a waiver of any immunities the parties or their officers or employ,ees 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. I1 any section,subsection,paragraph,sentence,clause,or phrase of this Contract is Ihr any reason held or decided to he 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 he 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,auditahle,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 he 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 he 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 he necessary to resolve al-6 matters which may he 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. I1 PY-10-I I-CPS-0095 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 he 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 he 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 he 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 ofa conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance ofa 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-10-I I-CPS-0095 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that arc 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 minors 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 arc 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. l7. 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 he 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.) 8-175- 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 ally 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. S-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 he liable for actual and consequential damages to the Department. Except where exempted by federal law and except as provided in C.K.S. 24-765-1(13(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- 765-103(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, Jr) 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 11 0-I I-CPS-0095 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 he 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 arc 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 arc 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 ehild(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 pennanencV-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-I 0-l I-CPS-0095 • Providers should continually provide recommendations about whether any out-of-home placement continues to he 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 he a harrier 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 Departments 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 he utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 r77)77, r.77. irc • PY-IO-11-CORE-0125? • CHILD PROTECTION AGREEMENT FOR SERVICES /p BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES *'If//, AND JUBILEE g5)y� RETREAT CENTER This Agreement,made and entered into the 6 day of LA :t 2010,by and between the Board of Weld County Commissioners, sitting as the Board of I twnan Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Jubilee Retreat Center,hereinafter referred to as 'Contractor'. WPINESSEfl1 WIIEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies:and WHEREAS,the Colorado Department of II mum Services has provided Core Services funding to the Department for I.ifeskills(Bonding Program),and NOW THP:RI IPOR]i,in consideration of the premises,the parties hereto covenant and agree as follows: Tenn 'Ibis Agreement shall become effective on June I, 2010, upon proper execution of this Agreement and shall expire May 31, 2011, unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided he CONTRACTOR to any persons)eligible for child protection services in compliance with Exhibit A 'Scope of Services,'a copy of which is attached by reference. ,. 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. h. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant t0 11xhibit 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 he pilled 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 he reimbursed or considered part of this Agreement. ao/o—i 2 9/ PY-I 0-I I-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 OMH 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. h. 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 or 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 arc 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 51)4 of the Rehabilitation Act of 1973,29 IJ.S_C. Section 794,and - its implementing regulations,45 C.P.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 I amployment 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 ellints to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-10-11-CORE-U 125 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps he taken to assure that small and minority businesses arc 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. At'person who feels that s/he has been discriminated against has the right to the a complaint either with the Colorado Department of Hunan Services or with the U.S. Department of Health and Human Services, Office liar 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 he 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(PI,&PDl(Minimum). Combined single limit-$500,0011 written on an occurrence basis. 2. Any aggregate limit will not he 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. Certilicate of insurance to be provided to Weld County and must he attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 BY-10-I I-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. I I. Training CONTRACTOR shall attend a Court Testimony and Ethics Training to he paid for by the Department if the Contractor has not previously attended the training. The Contractor may he 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 analysis,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 find CONTRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall he defined to mean incorrect or improper activities or inaction by CON'TRACT'OR. These remedial actions are as follows: 4 PY-10-I I-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 dethlcation 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 Tile 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 rite 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 stumnons,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 Iluman Services Director. The tern"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-10-I l-CORN-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 slated in Paragraph 14 herein_ 6 PY-10-1 I-CORE:0125 IN WITNESS WI IER?OP,the parties hereto ha Wv executed the Agreement as of the day,month,and year first above Arntten. • !r r' A ATTEST: ■� __.. WELD COUNT t� 1861 I% �� D • COUNTY CLERK 1O TIHE%JA I t �`q• CO n� TONERS WELD ° n Y C LORADO By: si /./_ !.'!1%r,..,��i .� ► °°'Deputy Clerk �� Chair D.uglas Ra. emacher API' 1D S1.l.4; CONTRACTOR.R: , AUG 0 9 2010 I3 < 1OLUA Co ey on ae or 1 WELD COUNTY DEPARIMI'NT OF HUMAN SERVICES 133: Jr v A_Griego, hector 7 o?G/G— /79/ PY-10-I I-CORE-0l 25 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide ongoing assessment,coaching, support and information,through supervised visitation time,to families relenel by the Department for the purpose of assisting biological parents in building a stronger emotional relationship with their children. 2- CONTRACTOR will IOC US 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: I)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 bonding 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,hut 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 a report on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-I 0-11-CORE-0 125 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 Core Services funding,not to exceed$45,000.00. 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,if Core Services finds, 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, Staffing or Testimony) Department referrals will not he sent to collections by Contractor for default of co-pay/fees. Services vkill 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 I ixhibit 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 dens of the month tbllotking service, it may result in forfeiture of payment. b. Billings must be submitted with the attached required fonns,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must he submitted with original signatures. c. For monitored sobriety,proof of services rendered shall he a sign-in sheet with client signatures or the test result. 9 PY-10-1 I-CORI 0125 EXHIBIT C ASSURANCES I. CONTRACTOR agrees it is all 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 he held liable for injuries or damages caused by any negligent acts or omissions of CONTRAC'T'OR-contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld Count'.the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance tor 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 he 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 am 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 even' 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 he sufficient to allow authorized local,Federal,and State auditors,and representatives to audit and monitor CON'T'RACTOR. 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 he necessary to resolve any matters which may he 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. I() YY-10-I 1-CORE-11125 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 he allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the tens 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 he 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. l2. 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 fin-debarment,declared ineligible,or voluntarily excluded from covered transaction by a lcderal department of agency. h. [lave 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 l5. 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. II PY-10-I 1-CORI1-0125 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 he disclosed in a form identifiable with the applicanUrecipient 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 infonnalion 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 I lomeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(h). 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.K.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 law-fully 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. PY-I 0-11-CORE-0125 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 CPSR in the areas of safety,permanency and well-being,followed by specific considerations and tasks which must he 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 Departments providers • Providers should always consider the Ibllowing 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 arc 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 arc being offered by the provider to ameliorate those concerns_ • Monthly reports should make recommendations regarding services and/or safely 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 mast 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-10-I I-CORE-0125 • Providers should continually provide recommendations about whether any out-of-home placement continues to he 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 pennanencv. 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 CI:SR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well 13eing 2 Children receive appropriate services to meet their educational needs. Well]icing 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 he impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is rrrcorking. 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 he utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 • 11:7 1.60fteirr. PY-I 0-I I-CORE-0195 / CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER This Agreement,made and entered into the 6 day of • 2010,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,or behalf of the Weld County Department of Human Services,hereinafter referred to as the-Department,"and Jubilee Retreat Center,hereinafter referred to as 'Contractor". WITNESSED I WI II?REAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies:and WI II?RI?AS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Ilealth Services(N eurofeedhack):and NOW'I I I'RI?PORE[,in consideration of the premises,the parties hereto covenant and agree as follows: I. Tenn This Agreement shall become effective on November 16,2010, upon proper execution of this Agreement and shall expire May 31,2011, unless sooner terminated as provided herein. 2. Scope of Services Services shall he 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 he made on the basis of I1xhihit 13, 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 79 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 he 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 he reimbursed or considered part of this Agreement. el'v/o—/79/ PV-10-11-CORE-0195 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 or reimbursements,CONTRACTOR may appeal such circumstance to the Director of Iluman Services. The decision of the Director of I Inman Services shall he final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Fxhibit 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,intepretations or guidelines issued pursuant thereto. This includes the protection or 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 arc included: Title VI of the Civil Rights Act of 1964,42 11.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.I.. 99-6031 42 C.E.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 ally eltints to obtain access to client records except as permitted by 42 CI'R Part 2. 2 PY-10-1 1-CORE-11195 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. S. 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 13eing of families. For each outcome,data and performance indicators measure each state's pertorntance 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 I)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 Ibr 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 I,iability_ As required by state statute including occupational disease,covering all employees at work site. b. General liability(PE.&PD)(Minimum)_ 1. Combined single limit-$500,001)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 he provided to Weld County and must he attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-10-I 1-CORE-0195 e. 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 am 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 ID. 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 1 estimony and lithics 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 lit'aluation 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 he 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 tenns 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 I Iuman 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 he defined to mean incorrect or improper activities or inaction by CONTRACTOR. These remedial actions are as follows: 4 PY-1 0-I I-CORE-0195 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisiactorilp 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 perforated or if performed would he 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 represcntative(s): For the Department: Gloria Romanic Social Services Administrator Name Title For CONTRACTOR: Lori Kochevar.MS,I.PC 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.Gricgo.Director Lori Kochevar,MS,LPC P.O. Box A 6445 Etc 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 I Duman Services Director. The term"litigation'includes an assignment lhr the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may he terminated at any time by either party given thirty(30)days written notice and is sub eel to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 11Y- 0-11-CORE-0195 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 PVT 0-i l-CORE-0195 TN WITNESS WHEREOF,the parties hereto have dub executed the Agreement as of the day,month,and year first above written. EL ATTEST: 1i 't>:� WEI,D COUNT ' c q'y' B ' 'Al COUNTY �l c � CLERK TO"ff �.� : � ztO.�� 'IOMiRS WELD t �•q � C '�� COLORADO • r p Deputy Clerk � � Chair .uglas R emacher APP AS CONTRACTOR: AUG 0 9 2010 _ BY /(19442-44_ Co homey 'o tractor WELD COUNTY DEPARTMENT OF HUMAN S 'RVICBS By: .ud A (Iciest, ector 7 &o/9— /7 / PY-10-11-CORE-0195 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide assessment and Neuroteedback training to clients referred by the Department. Clients will primarily include Weld County foster children. 2. Services will include a two hour assessment to determine if Neurofeedback training is likely to assist with the issues that arc of concern as identified by the Department and/or caregiver. 3. If it is determined that Neurofcedback training will benefit the referred client, services will he provided in sessions. A session will he 45 minutes to 1-1/2 hours depending on where the client is in the process. The Department will approve ten(10)sessions per referral initially. Sessions beyond 10 will require additional approval. 4. CONTRACTOR will measure changes in behavioral symptoms as reported by the Department and/or caregiver during the initial assessment and also will be tracking stories of progress as noticed by others involved with the child. In addition,caregivers will be encouraged to report concerns and progress as Neurofeedback training is provided. The experiences and feedback of caregivers is an important piece of noticing the subtle changes that often occur using this training method. 5. Alter the agreed upon number of Neurof eedhack sessions has occurred for the referred client a post assessment tool will be administered that measures clinical symptoms. 6. CONTRACTOR will submit a report 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. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. K PY-I 0-1 I-CORE-0I 95 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$15,000.00. 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,if Core Services funds,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/Episode(Assessment) $125(10/Flour(Neurofeedback) $125.00/I lour(Court Facilitation or Staffing) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will he 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 75i 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. h. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Fonn and monthly report. The Authorization for Contractual Services and Client Verification Form must he submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE:0195 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld Courtly,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 Contact 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. R. 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 he 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. I0 PY-10-I I-CORE-0195 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 tenns of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall he conducted by appropriate funding sources. 'l'he results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. I I. This Contract shall he 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 an 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,briber',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 ant 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-10-I I-CORE-0195 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 infonation 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.) 8-175- 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, (h) shall produce one of the forms of identification required by C.R.S. 24-765-101, 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-10-1 1-CORK-0195 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 states 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 he 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 arc 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 ti-I l-CORD-0 195 • Providers should continually provide recommendations about whether am out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should he 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 he a harrier 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 scnices and/or reconunending 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 sen-ice being provided continues to be appropriate. This must he clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that providers 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 nuke 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 4 Lie PY-10-I I-CORE-0148 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES OF COLORADO This Agreement,made and entered into the day of 2010,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 Lutheran Family Services of Colorado,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 Services(Option B);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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011, 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. aoiv i 2 9/ PY-10-1 I-CORE-0148 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 ■ 4 PY-10-1 I-CORE-0148 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 Al PY-1 0-I 1-CORE-0148 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 maybe 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-10-1 1-CORE-0148 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: James Barclay President/Chief Executive Officer 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 James Barclay,President/CEO P.O. Box A 363 South Harlan Street,#200 Greeley,CO 80632 Lakewood,CO 80226 (970)352-1551 (303)217-5830 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-10-11-CORE-0148 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-10-11-CORE-0148 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: V�i7tfr� WELD CO s� t OF COUNTY CLERK TO � ti _ r "'1 'r �- h � ISSIONERS WELD �T ,COLO By: DeputyClerk ' �� air Dougl Rademacher APP AS • CONTRACT A 201 _BY Co tto Bey C c v inrity italb arcrrrte-S of CeO ✓,¢mL3 69 rd 74-trice /cr WELD COUNTY DEPARTMENT OF HUMAN ERVICES By J y .Gri o Director 7 o?D/D- /79/ PY-10-11-CORE-0148 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide time-limited home-based Option B services to families referred by the Department,through their Home-Based Intensive Services Program. 2. The purpose of this program is to serve families who are either at risk of having children placed out-of- home or whose children have recently been transitioned home. 3. Services are provided utilizing flexible, individualized service modalities based upon the family's strengths and needs with a goal of creating a safe,stable and nurturing family environment;preventing,reducing or eliminating behaviors that may place a child or family at risk; and preventing unnecessary out-of-home placements. 4. CONTRACTOR will work with referred families,in a solution-focused manner,to identify dysfunctional parent/child interactions; cross-generational trauma and family-of-origin problems;triggers resulting in familial instability; family patterns,cycles and hierarchies;and will assist family members in regulating emotions and improving family communication patterns. 5. Families appropriate for this program demonstrate generational family patterns embedded in the family structure that negatively impact any parenting skills the parents may or may not have learned. These patterns impede the ability of the parents to provide a safe and stable environment for their children. 6. CONTRACTOR can provide bilingual services(Spanish). 7. CONTRACTOR will submit a report 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. 8 PY-10-11-CORE-0148 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 Core Services funding,not to exceed$30,000.00. 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,if Core Services funds,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 $105.00/Hour(Face-to-Face Contact) $75.00/Hour(Court Travel Time/Testimony,Court Facilitation,Family Group Conference Meetings) 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. Billings must be submitted with the attached required forms, Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-1 1-CORE-0148 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 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. 10 PY-10-11-CORE-0148 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 11(b)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-10-11-CORE-0148 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-10-1 I-CORE-0148 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 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-10-1 1-CORE-0148 • 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 RitCSIVEht STIMAT PY-10-I 1-CORE-0187 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES OF COLORADO This Agreement,made and entered into the day of 2010,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 Lutheran Family Services of Colorado,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 Services(Pre-Adoption Matching/Transition/Placement and In-home 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. de/e- / 7 9/ PY-10-11-CORE-0187 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-10-I 1-CORE-0187 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- $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$I 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 FY-10-1 l-CORE-0187 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 Attomey's Office by facsimile and will retum 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-10-11-CORE-0187 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: James Barclay President/Chief Executive Officer 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 James Barclay,President/CEO P.O. Box A 363 South Harlan Street,#200 Greeley,CO 80632 Lakewood,CO 80226 (970)352-1551 (303)217-5830 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 maybe 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-10-11-CORE-01 87 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-10-11-CORE-0187 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD C T a<` �-•ARD OF COUNTY CLERK TOI xA: "iz �9 MISSIONERSWELD t ,fir, T ,COLORADO By: �� A�, i/1 s J �.• y: !p Deputy Clerk ,�^-.` � Chair ou ademacher A 9 201 AP D A • CONTRACT BY Co A mey C/tra r C WELD COUNTY DEPARTMENT L / OF HUMANSERVICES 11967 . ' f et?) By: Ju .Grie o, /rector 7 670/1-/791 PY-10-I l-CORE-01 87 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Home Based Services through their Pre-Adoption,Transition, Placement and In-home Support Services Program to families referred by the Department. 2. The purpose of this program is to ensure that adoptive placements have the best chance to flourish and succeed in maintaining a life-long commitment to the child(ren)placed in the home. 3. The goal of services is to reduce the risk of disruption in adoptive placement,either prior to the finalization of the adoption or in the lifetime following the finalization. 4. Services will be provided in a three step process: a. Step One: CONTRACTOR will assess the child(ren)being considered for adoption. The assessment will include a review of child-specific documentation,as well as gathering information from the assigned caseworker(s),current foster family and from other sources with knowledge of the child's history and unique needs. If siblings are involved,each child will be assessed individually. b. Step Two: CONTRACTOR will assess potential adoptive families submitted by the assigned caseworker(s). This assessment will include a review of file information, SAFE home studies,as well as face-to-face meetings with potential adoptive placements. Once an adoptive placement is identified,CONTRACTOR will present the child's information to the potential family. CONTRACTOR also may arrange respite with the family for the child as part of the presentation of the child. If all parties commit to the adoption,CONTRACTOR will set up visitation as part of the transition of the child into the final adoptive placement. c. Step Three: CONTRACTOR will provide in-home support to the adopted child and adoptive placement following finalization of the adoption if referred by the Department. The frequency and duration of support services will be determined through discussion with the assigned caseworker, with the final determination resting with the Department. 5. CONTRACTOR can provide bilingual services(Spanish). 6. CONTRACTOR will submit a report 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. 8 PY-10-11-CORE-0187 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 Core Services funding, not to exceed$3,000.00. 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,if Core Services funds,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 $500.00/Episode(Assessment) $95.00/Hour(In-Home Support Services) S75.00/Hour(Court Testimony/Court Staffing/Court Facilitation/Family Group Conference Meetings) 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. Billings must be submitted with the attached required forms, Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-I0-1 I-CORE-0187 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 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-10-11-CORE-0187 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-10-11-CORE-0187 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- 10I, 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 (IS) 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-10-l 1-CORE-0187 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 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-10-11-CORE-0187 • 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-10-11-CPS-0114 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES This Agreement,made and entered into the day of 2010,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 Lutheran Family Services,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 Study 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. 1 aO/O— /7 7 PY-10-II-CPS-0114 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-10-II-CPS-0114 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-10-11-CPS-0114 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. I1. 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-10-11-CPS-0114 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: James Barclay President/Chief Executive Officer 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 James Barclay,President/CEO P.O.Box A 363 South Harlan Street,#200 Greeley,CO 80632 Lakewood,CO 80226 (970)352-1551 (303)217-5830 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 tern"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-10-11-CPS-0114 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-10-11-CPS-0114 IN WITNESS WHEREOF,the parties her • - - •uly executed the Agreement as of the day,month,and year first above written. , ;• J`1 ATTEST: • WELD CO 1i ��',m, OF COUNTY CLERK TO T. :t�l� � �+ti��ISSIONERS WELD O T COLORADO / �Q.) By: I ../// ,/, e , 9 II.�i.``y_� �� Deputy Clerk t Chair s i:.demacher o 10 APP D • ACONTRAC R: � G �i BY a/ o ttome /'• t / f.UJ/prffc/ ,li1Jit/��/�7f//1 rhYe-,_j OF Lp WELD COUNTY DEPARTMENT ( `'197'4 �' aen te2 -23 OF HUMAN SERVICES By: u .Griego, 'rector 7 dO/D-/7%/ PY-I 0-11-CPS-0114 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home study services for families 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. 3. CONTRACTOR will complete a Department of Motor Vehicle background check at no additional charge. All CBI, FBI and LexisNexis background check information will be completed by the Department,unless otherwise directed by the Department. 4. CONTRACTOR will notify the Department within three days of receipt of a referral if the referral will be accepted and acted upon. 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. CONTRACTOR can provide services in Spanish. 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-10-11-CPS-0114 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Child Welfare Administration funding,not to exceed$25,000.00. 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, if Child Welfare Administration funds,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 S1,000.00/Episode(Home Study- English) S1,600.00/Episode(Home Study-Bilingual or Monolingual Spanish) S 100.00/Episode(Rate per additional person beyond primary applicant and four others) S75.00/Hour(Court Testimony/Court Staffing/Court Facilitation/Family Group Conference Meetings) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-In-I1-CPS-0114 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-10-II-CPS-0114 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-10-11-CPS-0114 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. 12 PY-10-1 l-CPS-0114 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 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-10-11-CPS-0114 • 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 conceming 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 U Ll(Q�G`I//I ,r., NIP !Mir PY-10-11-CORE-0126 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES OF COLORADO This Agreement,made and entered into the day of 2010,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 Lutheran Family Services of Colorado,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(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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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-10-1 I-CORE-0126 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 eL 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-10-I I-CORE-0126 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-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$l 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-10-1 I-CORE-0126 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. IL 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-10-11-CORE-0126 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: James Barclay President/Chief Executive Officer 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 James Barclay,President/CEO P.O.Box A 363 South Harlan Street,#200 Greeley,CO 80632 Lakewood,CO 80226 (970)352-1551 (303)217-5830 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-I0-11-CORE-0126 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-10-1 1-CORE-0126 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. LATTEST: F WELD CO i��' • Y BS 'D OF COUNTY CLERK TO Y E �O MISSIONERS WELD Y,COLORADO By: / �. ya' /i it e.� �• • 1 Deputy Clerk ��..�� hair Dougl. Rademacher AP O D AS, •O F Y1: CONTRACTO:. A' 9 PO BY � �, ty Attorney / WELD COUNTY DEPARTMENT OF HUMAN SERVICES 1 /Jjl'f daza-fr "Saint,rat ) By: J y .G .eg , hector 7 O2oiC- /79/ • PY-10-1 I-CORE-0126 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide time-limited home-based parent coaching services to families referred by the Department,through their Home-Base Parent Coaching Program. 2. The purpose of this program is to serve families who are either at risk of having children placed out-of- home or whose children have transitioned home. 3. Services are provided utilizing flexible,individualized service modalities based upon the family's strengths and needs. 4. Services are designed to assist families in creating a safe, stable and nurturing family environment;promote the safety and well-being of children and families; maintain and build upon family connections and supportive resources;reduce isolation;assist parents in developing appropriate parenting techniques; improve household management skills;prevent,reduce or eliminate behaviors that may place a child or family at risk;and prevent unnecessary out-of-home placements. 5. Families appropriate for this program demonstrate a fundamental lack of knowledge of parenting skills, basic life skills and community resources. This program is not intended to address marital issues outside the parenting context,domestic violence,or chronic mental health issues. 6. CONTRACTOR can provide bilingual services(Spanish). 7. CONTRACTOR will submit a report on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department. 8. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-10-11-CORE-0126 EXHIBIT B PAYMENT SCHEDULE L Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$75,000.00. 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, if Core Services funds,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(Face-to-Face Contact) $75.00/Hour(Court Travel Time/Testimony,Court Facilitation,Family Group Conference Meetings) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-l0-1 I-CORE-0126 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-10-1 l-CORE-0126 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 finding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. l 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. 11 PY-10-11-CORE-0126 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-10-11-CORE-0126 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 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-10-11-CORE-0126 • 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 FTh fly 71 PY-10-I 1-CORE-0188 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES OF COLORADO This Agreement,made and entered into the day of 2010,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 Lutheran Family Services of Colorado,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(Team Decision Making);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Tenn This Agreement shall become effective on June 1,2010,upon proper execution of this Agreement and shall expire May 31,201 I,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. 0,2C/O-- /79s PY-1 0-I I-CORE-0188 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 eL 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 eL 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-10-11-CORE-0188 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. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$I 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-10-1 I-CORE-0188 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. I1. 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-10-11-CORE-0188 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: James Barclay President/Chief Executive Officer 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 James Barclay,President/CEO P.O.Box A 363 South Harlan Street,#200 Greeley,CO 80632 Lakewood,CO 80226 (970)352-1551 (303)217-5830 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. Tennination 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 0-11-CORE-0188 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-10-11-CORE-0188 IN WITNESS WHEREOF,the parties hereto executed the Agreement as of the day,month,and year first above written. t, 1L' LA) ' ATTEST: •ELD COUNTS 1161 O I F COUNTY CLERK TOTH'•',O'7i ' C SIONERS WELD COLORADO By: �,ti// 1� ��/► �i�� - , 1..�� i i��'.IIC • . Deputy Clerk f hair Doug1._•/'ademacher. UG 0 9 APPR�VT2AS TO FO CONTRACTO'• `io `Co tt e C for %,7/e/9"'/Cre, ' ' W ex ®cl� WELD COUNTY DEPARTMENT j,// /J OF HUMAN SERVIC S (Arnett'ali /�L�� - fie By: y A. r go, it c r 7 0190/0-/79/ PY-10-11-CORE-0188 EXHIBIT A SCOPE OF SERVICES CONTRACTOR will provide Team Decision Making(TDM)services to clients referred by the Department. 1. Services under this contract include: a. Initial TDM Services i. Consultation with referring caseworker to determine basic facts and parties to include in initial TDM. ii. Contact with all parties, scheduling and arranging meeting location. iii. Travel time and mileage to meeting location. iv. Materials needed for use at the meeting and preparation for the meeting. v. Facilitation of the meeting. vi. Summarization of decisions at the end of the meeting and determination of the need for a subsequent meeting. vii. Preparation and submission of report to the Department within 48 business hours of the meeting. b. Subsequent TDM Services(when approved by the Department): i. Consultation with caseworker regarding goal of subsequent TDM meeting. ii. Contact with all parties,explanation of meeting,scheduling and arrangement of meeting location. iii. Travel time and mileage to meeting location. iv. Materials needed for use at the meeting and preparation for the meeting. v. Facilitation of the meeting. vi. Summarization of decisions at the end of the meeting. vii. Preparation and submission of report to the Department within 48 business hours of the meeting. c. Follow-up Services(when approved by the Department): i. Follow-up due to a lack of consensus in a TDM meeting. ii. Additional gathering of information and sharing following a TDM. iii. An"ice-breaker"meeting. iv. Any other meetings/consultation needed at the request of the Department. 2. Goals,Values,Assumptions and Key Elements: Core and Contracted Mediation- Team Decision Making Service Goals • To involve birth families,communities,resource families,service providers and agency staff in all placement decisions • To reduce the number of removals through team-designed safety plans • Place children with kin and/or in their own neighborhood or community • Place siblings together • Place children in the least restrictive environment that addresses their needs • Reduce reliance on institutionalized care • Connecting families to community supports that offer ongoing assistance and ensure a network of support for the child and adults who care for them • Create a team approach among foster parents, birth parents, services 8 PY-10-11-CORE-0188 provider and Department to promote reunification whenever possible • Stabilize and preserve existing placements through caregiver support and services to children to achieve the target of one placement per child • Return the child home safely or provide permanency as soon as possible • Decrease the frequency of children re-entering foster care • These are suggested goals that the Department may mods for their purposes. The goals stated are designed towards CFSR compliance Values • Every child deserves a family • Every family needs the support of the community • Public child welfare agencies need community partners Assumptions • A group can be more effective in decision making than an individual • Families are the experts on themselves • When families are respectfully included in the decision making process, they are capable of identifying and participating in addressing their needs • Members of the family's own community add value to the process by serving as natural allies to the family and experts on the community's resources Key Elements I. A TDM meeting,including birth parents and youth,is held for ALL decisions involving child removal,change of placement, and reunification/other permanency plan 2. The TDM meeting is held BEFORE the child's move occurs,or in cases of imminent risk,by the next working day,and always before the initial court hearing in cases of removal. 3. Neighborhood-based community representatives are defined by Department and invited to participate in all TDM meetings especially those regarding possible child removal 4. The meeting is led by a facilitator employed by the Contractor who has been trained in TDM facilitation,has the appropriate clinical skill level and is immediately accessible. 5. Information about each meeting,including participant,location and recommendations is collected by the Contractor and given to the Department so the Department may enter data on child and family outcomes in order to ensure continuing program evaluation of the TDM process and its effectiveness 6. (Optional)If so desired by the Department,a TDM meeting resulting in a child's removal may serve as a springboard for the planning of an"icebreaker"family team meeting,ideally to be held in conjunction with the first family visit, so that the birth- foster parent relationship can be initiated 7. Each TDM meeting will last approximately I —2 hours 8. Unless the Department directs otherwise,the list of suggested participants will be supplied by the Department and the Contractor will contact participants with time and location of meeting. 9. A thorough discussion of risk and safety concerns,as well as family's strengths and needs is a part of every TDM meeting. 3. TDM Meeting Process and Structure: a. Types of TDM Meetings For every family involved with the Department the Contractor suggests the following as required points at which a TDM meeting will be held: • Prior to removing a child,whether emergency or considered; • Prior to any change of placement for a child already in care; 9 PY-10-1 1-CORE-0188 • Prior to making a permanent plan,including reunification,termination of parental rights, guardianship,emancipation,or long term foster care b. Triggers for a meeting Emergency or Considered Removal Scheduled when the Department caseworker assesses child(ren)at high risk for abuse/neglect, or within one working day after emergency removal/placement of child or before first court hearing. TDM team determines whether agency should file for custody and facilitate placement;or child can return safely home with services;or voluntary placement by parents with provision of services and safety plan,etc. Placement Preservation/Change of Placement Requested before child(ren)move from one placement to another. Meeting is scheduled when potential disruption of placement is recognized,safety issues exist or move from current placement is believed necessary to benefit child. Permanency Planning Reunification—Scheduled when risk level is reduced and parental progress in family's ability to protect and provide safety for child is recognized. Team determines if child(ren)can safely return to own family,and is held before overnight visits begin. Other Permanent Plan(Permanent custody/adoption,Guardianship, Long-term Foster Care)- Meeting scheduled when lack of progress by parents in reducing risk suggest need for permanent placement plan/legal filing. Emancipation 4. Suggested Participants and Preferred Role: The Department may modify any and all of the following: Birth Parents • Recognized as the expert on their family's needs and strengths. Presence and involvement integral to meeting,however with the exception of TDM for reunification,absence or non-participation would not preclude or postpone scheduled TDM meeting. Child(ren) • Children are encouraged to participate whenever determined appropriate by Department and all children 12 and older are strongly recommended to participate. Extended family and non- Invited by parents as support/to assist/be resource. relative supports Current caregivers—kin, Key team member;assists in providing information regarding child(ren)'s foster adjustment,progress,needs;and in developing ideas and reaching decision. Caseworker/supervisor Convener of meeting; content expert;with facilitator,leads discussion. Responsible for making decision if absence of consensus. Community Partners Defined by their identity as a member of the family's community,whether based on neighborhood,ethnicity,religion or other connection. They are invited by agency,based on existing partnership,to provide support, resource expertise,and external perspective to decision-making. Their presence in meeting should be agreed to by parents. Service Providers Currently or previously involved with family. Guardian ad litem(e.g. Court appointed representative responsible for representing child's best CASA or Attomey GAL) interest. Other public agency staff May include home finding,therapist, independent living, family preservation staff,or others able to provide expertise/information. As agency personnel,they share responsibility for high quality decision;and 10 PY-10-11-CORE-0188 may seek review of caseworker's decision in situations where consensus not reached,if unable to support the decision due to belief that it puts child at risk of serious harm or violates law or Department policy. Facilitator Contractor trained process expert who works with Department caseworker to lead group through solution-focused process. Assigned to family's case throughout involvement with agency. Provides summary report to participants outlining decision and action steps.Collects mutually agreed upon data for Department for ongoing program evaluation. Expected to seek review of caseworker's decision in situations where consensus not reached,if unable to support the decision due to belief that it puts child at risk or serious harm or violates law or policy. 5. CONTRACTOR Agenda Responsibilities as Facilitator: Introduction: The facilitator welcomes everyone and describes the purpose and the goals of the meeting. The Facilitator explains the team decision-making process,establishes a safe climate and sets a tone of inclusion. The Facilitator states that all opinions and ideas are considered,and clarifies that if group consensus cannot be achieved,the agency will need to exercise its responsibility to make the final decision. The Facilitator invites participants to introduce themselves and to state their connection to the child and family. After introduction,the Facilitator explains the"Ground Rules" and asks participants if they wish to enact any additional rules. Once the"Ground Rules"are determined,the Facilitator seeks the agreement of all participants to uphold them throughout the meeting Identify the Situation The facilitator invites the parents to initiate the discussion by sharing information about their family, situation and/or needs. The Department caseworker and/or supervisor follow by clearly defining their concerns. Assess the Situation It is important that family strengths,safety risks and safety needs are thoroughly examined. For this reason,the assessment stage should not be rushed. All participants are advised to remain receptive to receiving new information that might alter their previous understandings and recommendations. During this stage,the Facilitator elicits specific and behaviorally descriptive information from participants,encouraging"straight talk"and full disclosure of strengths and concerns. The Facilitator summarizes the key points of the assessment and may choose to list strengths and needs on an easel for easy reference by the group. The Facilitator separates facts from opinions,and identifies differences as well as areas of common ground. Develop Ideas During this stage,all participants brainstorm through a free,non-judgmental sharing of ideas. In order to maximize participation,the Facilitator may describe the concept of brainstorming,thus promoting creative thinking and active listening. The Facilitator also assists in clarifying thoughts,summarizing,listing and visualizing ideas. Reach a Decision The Facilitator sets an expectation that the team is capable of reaching consensus. The Facilitator encourages the team to consider the merit of each idea,by reality testing possible consequences and the ease or difficulty of implementation. The Facilitator encourages dialogue,checks for agreement,and remains attentive to the feelings and responses of family members. If it appears that reaching consensus is unlikely,the Facilitator reminds the team that the agency may need to make the final decision. Reasons for the decision are discussed. Whether made by consensus or by the agency alone,the decision shall reflect the least intrusive,least restrictive option that provides safety and protection for the child. Criteria for measuring success should be identifiable and the parties to the safety or action plan should be clear about their respective responsibilities. The decision then becomes the agency's official position,binding upon all staff Recap/Closing 11 PY-10-l 1-CORE-0188 The Facilitator reviews the safety or action plan with the team,checks for understanding and solicits any further questions. Particularly at this time, the Facilitator acknowledges and addresses participants' emotions and responses through empathic understanding. The Department may wish to make the option of a follow up meeting available in which case the Facilitator would determine at this time if the family is interested in convening a follow-up voluntary Family Conference. If the family expresses interest,the Facilitator shall notify the designated source. The Facilitator ends the meeting by thanking the participants for their contributions. Ground Rules: The following ground rules will be posted at the meeting site for easy reference: L Right to privacy(to be distinguished from confidentiality). 2.Mandated reporting requirements. 3.All participants will be treated with respect. 4. Only one person will speak at a time. 5. Everyone will have an opportunity to speak and to ask questions. 6.No caucusing,passing notes or otherwise communicating in a way that excludes others. 7.Time framed of approximately 2 hours. Other Expectations of CONTRACTOR TDM Facilitator: 1. Facilitator will be expected to focus the groups' energy on a common task—to reach a decision about placement issues that protects and provides safety for the child in the least restrictive/intrusive manner possible. 2. Facilitator will assure that the purpose of the TDM meeting is understood and all participants have an opportunity to be involved. With the Weld County Department caseworker,they lead the group discussion that determines the placement/custody recommendation for the child. 3. Facilitator will protect ideas and individuals from attack or being ignored. They will provide a safe, supportive environment to permit communication. 4. Facilitator will be sensitive and responsive to nonverbal cues. They will have the ability to manage conflict and emotions. 5. Facilitator will periodically summarize,clarify,reframe and identify areas of agreement to assist the group. 6. Facilitator will assure that the situation is thoroughly examined,risks stated, family strengths recognized,goals verbalized,ideas brainstormed,quality decision made with safety and action plans developed. 7. Facilitator will be an information resource for the group. They will be knowledgeable of laws,agency policies/procedures,services,best practice,etc. and monitor compliance with standards alongside Department caseworker and/or supervisor 8. CONTRACTOR Facilitator will move the group through the problem-solving/decision-making process, maintaining reasonable time frames. 9. Facilitator will manage the process and structure of the meeting,recognizing the family and Department caseworker are the content experts. They are responsible to ensure that a high quality decision results form the meeting, intervening if necessary, as an experience/knowledgeable participant. 10. Facilitator will strive to develop consensus decision with ALL participants but always with agency and Department staff in attendance. 12 PY-10-11-CORE-0188 11. Facilitator will accurately record information and decisions. They will provide a copy of the safety/actions plan steps at the completion of the staffing to all participants. 12. Facilitator will model supportive,non-threatening,and respectful behavior. 6. Summary of Safety and Risk issues for Different Types of TDM Meetings: Contractor is aware that safety and risk must be addressed thoroughly at each meeting. For this reason,Contractor will include a brief summary of safety and risk issues specific to the different types of TDM meetings and the Facilitator's role and responsibilities pertaining to the safety and risk discussion. SAFETY ISSUES RISK ISSUES Initial Removal TDM Determine: Present serious harm and/or High probability of future serious abuse/neglect dangerous condition based upon present situation and past history Focus: Child—What needs to be done now? Parent(s)—what must change for the future? Decide: Immediate response to present situation and Priority services to address risk/needs and Reduce future risk of abuse/neglect Reunification TDM Determine: Significant positive impact on No/low probability of future serious abuse/neglect on concerns by services or otherwise that resulted in placement and home presently safe Focus: Child—safe return to parent(s)home Parents(s) -have successfully addressed all issues that Harmed and put child at risk of A/N Decide: Parents(s)able to provide safe home and Positive prediction of parent(s)ability to maintain for child at this time safe,nurturing,stable environment long term Other Permanency Plan Determine: Little or no change by parents High probability of future serious abuse/neglect Regarding concerns that resulted in placement And safety issues remain Focus: Child—unsafe to be in parents' care Parent(s)—traits,behaviors,conditions remain that As issues that endanger child persist that indicate likelihood of additional serious risk of Harm if child is in their care Decide: Long term protection plan in nurturing,stable environment Facilitator Responsibilities Regarding Safety and Risk at the TDM: 1) Ensure all safety issues and risk concerns are shared and thoroughly examined 2) Ensure all discussion of risks and safety issues is understandable 3) Ensure impact of risk behaviors upon child is clear,especially to parents: "connect the dots" 4) Ensure specific and behaviorally descriptive explanations of concerns and expectations 5) Ensure all views regarding safety and risks are heard,clarifications provided and questions answered 6) Ensure family strengths,particularly those that address safety and risk issues are recognized 7) Ensure through discussion of history remains strengths-based and solution-focused 13 PY-10-1 l-CORE-0188 8) Ensure all adults in home and having child access are assessed and discussed 9) Ensure"reality test"of ideas to address both immediate safety needs and future risks 10) Ensure TDM decision provides safety in least restrictive/intrusive manner for child: always raise the question of balance between safety and emotional trauma of separation 14 PY-10-1 1-CORE-0188 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$10,000.00. 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,if Core Services funds,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 S800.00/Episode(Initial Team Decision Making(TDM)Conferences) $500.00/Episode(Subsequent Team Decision Making(TDM)Conferences) $75.00/Hour(Follow up 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 15 PY-10-11-CORE-0188 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 hannless 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. 16 PY-10-I I-CORE-0188 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. l 1. 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. 17 PY-1 0-l I-CORE-0188 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. 18 PY-10-I l-CORE-0188 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. 19 PY-10-11-CORE-0188 • 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. 20 AFC, -,IVL PY-I 0-1 I-CPS-0094 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement,made and entered into the day of 2010,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 North Range Behavioral Health,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/Domestic Violence;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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 as i ability of Child Welfare Administration funding to the Department. C. 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 ol]t tis Contract shall not be reimbursed or considered part of this Agreement - (n a'o/D-/299/ PY-10-11-CPS-0094 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, t V National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(A QS) 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 effSts to obtain access to client records except as permitted by 42 CFR Part 2. a C,? 2 PY-10-ll-CPS-0094 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. 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 iit4ce by certified mail to Weld County. 19- , 3 c.? PY-10-11-CPS-0094 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 Attomey'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 govemmental 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/heid 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 inact)by CONTRACTOR. These remedial actions are as follows: tit r 4 cry PY-10-11-CPS-0094 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: Wayne A.Maxwell,Ph.D. 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 Wayne A.Maxwell,Ph.D.,Executive Director P.O.Box A 1300 North 17th Avenue Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)347-2120 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 ism subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clients funding is no longer available. 5 PY-10-11-CPS-0094 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. Li c C- 0 p . 6 PY-10-I1-CPS-0094 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: • � 0��'�� WELD CO INrl ,{J s OF COUNTY CLERK TO i B •r sy y. ISSIONERS WELD ,COLORADO By: .ti/��.e i , yll.:..'!9,( 3.,.5 0...� �Qen8 clAAe Deputy Clerk �auS air Dougla§ Rademacher AUG O .4 2010 APP S TO F CONTRACTOR: ,�"L� BY £A)otee Lc. 7 ' m A` o Contractor/ WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: �..�..♦ I ��1 ' �� J A.Griego, irector ti ^:y -C- 1:1 (n . 7 c70/0 7 9, PY-10-11-CPS-0094 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Anger Management and Domestic Violence services to males and females, 18 years and older,in the Greeley. 2. CONTRACTOR will provide the following services under this contract: Anger Management • Group Process and Skills (Minimum 20 Weeks of Treatment) • Cognitive-Behavioral Skills • Passive,Aggressive and Assertive Domestic Violence Behaviors (Minimum 36 Weeks of Treatment) • Victim Empathy • Treatment Goals • Substance Abuse • Stages of Change • Parenting • Men's Issues/Women's Issues(as applicable) • Effects on Children (DV only) • Steps to Problem Solving • Steps to Conflict Resolution • Characteristics of Assaultive Adults • Attitudes Toward the Opposite Sex • Sex Role Training • Socio-cultural Basis for Violence • Provocation • Appropriate Containment and Expressions of Anger • Experiencing Emotions and Feelings Beyond Anger • Grief and Loss • Depression and Anxiety • Stress Management • Relapse/Recidivism Prevention • Healthy Relationships • Sexuality • Spirituality • Resources 3. Anger Management and Domestic Violence Intakes will be completed with recommendations before the client is placed into a group. The intake will determine the best placement for the client in regards to treatment. CONTRACTOR will provide a copy of the intake to the caseworker. 4. CONTRACTOR will comply with the Colorado Domestic Violence Offender Management Board's Standards and Guidelines. QJ G T� V 8 PY-10-11-CPS-0094 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Child Welfare Administration funding,not to exceed$10,000.00. 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,if Child Welfare Administration funds,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 $135.00/Episode(Anger Management or Domestic Violence Evaluation) $35.00/Episode(Group Session) $50.00/Hour(Court 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 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. Billings must be submitted with the attached required forms, Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. j� Ci C 9 PY-I0-II-CPS-0094 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 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 tg, ocial Services upon its request,for a period of seven(7)years from the date of final payment under this C4tract, or for such further period as may be necessary to resolve any matters which may be pending,or un r�l an audit has been completed with the following qualifications: If an audit by or on behalf of the fedeiirand/or state government has begun but is not completed at the end of the seven(7)year period,or if audi4Jindings have not been resolved after a seven(7)period,the materials shall be retained until the resolutiorf the audit finding. r ti 10 PY-10-11-CPS-0094 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 govemment 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 441 party relationship that gives the appearance of creating a conflict of interest. Upon learning of an exiig 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.C Department's termination,for cause,of its contract with CONTRACTOR. a r • 11 ` PY-I0-11-CPS-0094 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 la , (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) se, produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of(h s Contract. r V r . cl 12 PY-10-l 1-CPS-0094 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 concems 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. p Considerations for the Department's providers: r, • Provider reports should always note the primary permanency goal for the child and document lrw interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should m4)specific recommendations regarding how the continuation of the service may assist in achieving the g4gl. C,' 13 PY-10-1 I-CPS-0094 • 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. cs cn t ti r D 14 oVCSj 1J PY-I0-11-CORE-0120 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement,made and entered into the day of 2010,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 North Range Behavioral Health,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 Functional Family Therapy(FFT); 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 c. . of Core Services to the Department. d. The Department shall not be billed for, and reimbursement shall not be made for time inv*ired 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. U Ul tr.) lie)—/79/ PY-10-11-CORE-0120 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(AlDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amende ,cited above. If necessary, CONTRACTOR and the Department will resist in judicial proceedings any effijs to obtain access to client records except as permitted by 42 CFR Part 2. a cn N 2 PY-10-1 I-CORE-0120 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). 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 generaTT; liability policy. H 5. Certificate of insurance to be provided to Weld County and must be attached to th€-' contract. ,C 6. Insurance shall include provisions preventing cancellation without 60 days prior nice by certified mail to Weld County. -� rr tv 3 PY-10-1 I-CORE-0120 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. Il. 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/sie 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 inaDon by CONTRACTOR. These remedial actions are as follows: tV 4 PY-10-11-CORE-0120 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: Wayne A.Maxwell, Ph.D. 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 Wayne A.Maxwell,Ph.D.,Executive Director P.O.Box A 1300 N. 17th Avenue Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)347-2120 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 assighieent for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. L r^- 19. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice az1 d,,is subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clierWif funding is no longer available. t' Vi ►v 5 PY-10-I I-CORE-0120 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. Cr) �.J Tr V Cfl 6 PY-10-11-CORE-0120 IN WITNESS WHEREOF,the parties her-to-ha - I executed the Agreement as of the day,month,and year first above written. ild ATTEST: J j A \ -' WELD COUN 't p1U.� � OF COUNTY CLERK TOT B• ' I �:i�iP ' SSIONERS WELD , OLORADO ®r, By: • -r, . _ A `.• - ,� _ Deputy Clerk hair aouglas Rademacher AUG 0 9 2010 APP AS RM: CONTRACTOR: BY W i e7a Co ty omey Contractor WELD COUNTY DEPARTMENT OF HUMAN S RVICES By: J y .Grie o, hector v r V C U7 IV 7 070/0-i29, PY-10-11-CORE-0120 EXHIBIT A SCOPE OF'SERVICES 1. CONTRACTOR will provide Functional Family Therapy(FFT)services to male and female youth within the approximate age range of 11-17 years of age,and their families,within Weld County referred by the Department. CONTRACTOR has offices in Greeley and Fort Lupton,CO. 2. CONTRACTOR will provide services in accordance with the National Functional Family Therapy(FFT) model and its standards and guidelines. 3. FFT is an intensive in-home,evidenced-based therapeutic service that empowers youth and families with the skills and resources needed to independently address the difficulties they are having raising their children. Youth are empowered to cope with family,peer, school and neighborhood problems;build community and natural support systems; decrease negativity and blame among family members; and decrease anti-social behaviors. Primary interventions include,as clinically appropriate: Family, cognitive/behavioral, family therapy,and school and/or community-based. 4. Length of treatment is approximately 2-6 months, I-2 hours per week. r~� r., r-' U C' N 8 PY-10-11-CORE-0120 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 Core Services funding,not to exceed$21,000.00. 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,if Core Services funds,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 $650.00/client/month(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. ES U U1 nl 9 PY-10-1 1-CORE-0120 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 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 Cron tract, or for such further period as may be necessary to resolve any matters which may be pending,or untn audit has been completed with the following qualifications: If an audit by or on behalf of the federp and/or state government has begun but is not completed at the end of the seven(7)year period,or if audi) ndings have not been resolved after a seven(7)period,the materials shall be retained until the resolution. f the audit finding. C V cn 10 PY-10-11-CORE-0120 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 teaming 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 they Department's termination,for cause,of its contract with CONTRACTOR. �..i r., .C V r 11 cn N PY-10-11-CORE-0120 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. D cm 12 ``' PY-10-11-CORE-0120 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. c: • Provider reports must indicate progress toward achieving the permanency goal and should make sp&ific recommendations regarding how the continuation of the service may assist in achieving the goal. r r 13 13 crt w PY-10-1 I-CORE-0120 • 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. ti c-, L:J C_ r D 14 '�+ nr .� C PY-10-11-CORE-0142 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement,made and entered into the day of 2010,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 North Range Behavioral Health,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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. k.7.3 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-Phis Contract shall not be reimbursed or considered part of this Agreement. 'C 13 C Ui 07C/6-779/ PY-10-11-CORE-0142 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 arts to obtain access to client records except as permitted by 42 CFR Part 2. -� fi • C,? 2 PY-10-1 1-CORE-0142 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. nJ 5. Certificate of insurance to be provided to Weld County and must be attached to th'ir+ contract. r= 6. Insurance shall include provisions preventing cancellation without 60 days prioOnice by certified mail to Weld County. U GI 3 PY-10-11-CORE-0142 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 ry The Director of Human Services or designee may exercise the following remedial actions should s/I . ind 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 ina'utibn by CONTRACTOR. These remedial actions are as follows: 0 c- • Cr' 4 PY-10-11-CORE-0142 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: Wayne A.Maxwell,Ph.D. 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 Wayne A.Maxwell,Ph.D.,Executive Director P.O.Box A 1300 North 17th Avenue Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)347-2380 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 C4 c This Agreement may be terminated at any time by either party given thirty(30)days written notice arias subject to the availability of funding. CONTRACTOR reserves the right to suspend services to clientsif funding is no longer available. 'C b Cri 5 PY-10-11-CORE-0l 42 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. IN, iSTZ CPI D N 6 PY-I 0-11-CORE-0142 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. rs_ ATTEST: r ��►/,r� -' ��` WELD COUI v �T�Lt •DOFCOUNTY CLERK TO . . � ISSIONERS WELD OLORADO I 1 awn CtiCt Deputy Clerk �ai► air Jug1as demacher APPR AS TO F CONTRACTOR: AUG 0 9 2010 Cou A omey Contract WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J y .Grieg hector p..y V 7 O2C//- /79/ PY-10-1 l-CORE-0142 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR is the community mental health center serving Weld County. 2. CONTRACTOR will provide the following services under this contract: a. Level 1 —Mental Health Evaluation -3-6 service hours -Review of applicable Human Services and Contractor records. -Clinical interview and diagnostic evaluation. -Possible administration of brief screening inventories(e.g.,Beck Inventories, State-Trait Inventories, Personality Assessment Screener). -Client feedback. - Written report addressing relevant psychosocial history,diagnostic formulation,and treatment recommendations. b. Level 2- Partial Psychological Evaluation -8-14 service hours -Review of applicable Human Services and Contractor records. -Clinical interview and diagnostic evaluation. -Administration of partial test battery,such as cognitive or personality testing(e.g., Wechsler IQ tests, MMPI, MCMI,PAI). -Consultation with collateral sources. -Client feedback. -Written report addressing relevant psychosocial history,diagnostic formulation,and treatment recommendations. c. Level 3—Full Psychological Evaluation -8-14 service hours -Review of applicable Human Services and Contractor records,including prior evaluation and mental health treatment records,police reports,medical records,and records from other agencies involved in case. -Extensive clinical evaluation. -Administration of formal test battery to assess personality,emotional,and/or cognitive functioning,and/or parenting issues(e.g., Wechsler IQ tests, MMPI, MCMI,PAI, STAXI,STAI, Beck screens,TSI, PSI). -Consultation with collateral sources. -Client feedback. -Written report addressing psychosocial history,personality issues,emotional functioning and regulation abilities,and/or intellectual functioning and/or parenting/family issues,and diagnostic formulation,as well as treatment recommendations and prognosis. d. Level 4—Extended Psychological Evaluation (To be utilized when impairment in cognitive functioning is suspected/known,when the client is unable to read or write,when there are major memory deficits,when resistance leads to inUid measures and instruments need to be re-administered, and/or when other significant barrie#s'to testing are present.) -20 service hours - Review of applicable Human Services and Contractor records,including prior evaluattet and mental health treatment records,police reports,medical records,and records from other agencies involved in case. -Extensive clinical evaluation. C- C,9 tV 8 PY-I 0-1 1-CORE-0142 -Administration of formal test battery to assess personality,emotional,and/or cognitive functioning,and/or parenting issues(e.g.,Wechsler IQ tests, MMPI, MCMI,PAI, STAXI,STAI, Beck screens,TSI,PSI). -Consultation with collateral sources. -Client feedback. -Written report addressing psychosocial history,personality issues,emotional functioning and regulation abilities,and/or intellectual functioning and/or parenting/family issues,and diagnostic formulation, as well as treatment recommendations and prognosis. t C- Cr! N 9 PY-10-11-CORE-0142 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 Core Services funding,not to exceed$3,000.00. 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,if Core Services funds,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/Episode(Level 1 -Mental Health Evaluation) $800.00/Episode(Level 2-Partial Psychological Evaluation) $1,200.00/Episode(Full Psychological Evaluation) $1,800.00/Episode(Extended Psychological Evaluation) $120.00/Hour(Court Facilitation,Staffing,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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement, Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client, signatures or the test result. -C- 1 N PY-10-11-CORE-0142 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 *for 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 oft ' audit finding. r D cn 11 'v PY-10-1 I-CORE-0142 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. t"ailure 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 thatore 12 PY-10-1 1-CORE-0142 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. rv� C- C11 13 PY-10-1 1-CORE-0142 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 concems 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. Sr--) Permanency 2 The continuity of family relationships and connections is preserved for children. c C-- Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document4ow interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should mike specific recommendations regarding how the continuation of the service may assist in achieving the'Foal. N 14 PY-10-l l-CORE-0142 • 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. c� (Cr, C_ C- r'= C. V1 15 PY-I0-11-CPS-0109 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement,made and entered into the day of 2010,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 North Range Behavioral Health,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: Term This Agreement shall become effective on June 1, 2010,upon proper execution of this Agreement and shall expire May 31,2011,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. rJ b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incuiied and services provided pursuant to Exhibit A of this Agreement in accordance with criteria _ established by the Department. CONTRACTOR shall submit all itemized monthly billingsto the Department by the 7'"day of the month following the month the cost was incurred. If? 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. 20/O—779/ PY-10-11-CPS-0109 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-10-11-CPS-0109 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. S. 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). 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-10-11-CPS-0109 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 Attomey'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-10-1I-CPS-0109 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: Wayne A.Maxwell,Ph.D. 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 Wayne A.Maxwell, Ph.D.,Executive Director P.O.Box A 1300 North 17t Avenue Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)347-2120 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-10-11-CPS-0109 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-10-11-CPS-0109 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ��7 ATTEST: . a WELD COUNTY M • S.'i' i COUNTY CLERK TO THE�i � i r 'ti�� • r I'`IONERS WELD • / COLORADO By: l��/ /.! �.rs►.! ✓.1=�� I " e�.' ��'1 . `�� '' u ' Deputy Clerk hair louglas Rademacher AP V AS TO FO • CONTRACTOR: AUG�0 9 2200 CQ'1 -BY IiVLL ""�'t./1 Co m y Contrac{or WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J A.Grieg , hector 7 O91)/D— /79i PY-10-11-CPS-0109 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide timely and quality monitored sobriety services to male and female clients referred by the Department as follows: a. Services will be provided at the North Range Behavioral Health Detox facility in Greeley, CO,at 1140 M Street, and in Fort Lupton,CO, at 145 I st Street. b. CONTRACTOR will provide a qualified monitored sobriety collector 24 hours a day/seven days a week at the Greeley site. At the Fort Lupton site,the CONTRACTOR will provide a qualified monitored sobriety collector 12:30-7:00 p.m.,Monday thru Thursday and 12:30- 6:00 p.m. on Friday. c. CONTRACTOR will confirm all positive and negative monitored sobriety results within 24 hours through a phone call,test result,e-mail and/or fax to the referring caseworker. d. CONTRACTOR will submit a copy of the valid Authorization for Service form,result and client sign-in sheet(if applicable)with each monthly billing. e. Results will be available online 24 hours per day,seven (7)days per week online at Redwood Toxicology(www.webtoxi col oay.com). 8 PY-10-I1-CPS-0109 EXHIBIT B PAYMENT SCHEDULE l. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Child Welfare Administration funding,not to exceed$25,000.00. 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,if Child Welfare Administration funds,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 $20.00/Episode(Urinalysis Test-5 Panel: THC,Cocaine,Amphetamines,Benzodiazepines,Opiates) $20.00/Episode(Urinalysis Test-7 Panel:THC,Cocaine,Amphetamines,Opiates,Benzodiazepines, Barbiturates,Alcohol) $20.00/Episode(lnstaCheck I Panel) $20.00/Episode(Multi-panel Instant UA) $20.00/Episode(Instant Swab) $35.00/Episode(GCMS -Confirmation of Positive Result) $5.00/Episode(Breathalyzer) $100.00/Episode(Hair Testing) $50.00/Episode(Patch Monitoring) $35.00/Episode(Ethyl Glucuronide/EtG Test) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be perforated 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CPS-0109 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-10-11-CPS-0109 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 l. 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-10-11-CPS-0109 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 goveming 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 conceming 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 0-l l-CPS-0109 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-10-11-CPS-0109 • 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 bathers may be impeding progress. • Providers should document any and all observed concems 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 nCEI ED ln1 r PY-10-11-CORE-0146 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement,made and entered into the day of 2010,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 North Range Behavioral Health,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 Multi-Systemic Therapy(MST);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, 2010,upon proper execution of this Agreement and shall expire May 31,2011, 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. lfitht 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 mailability of Core Services to the Department. ..� d. The Department shall not be billed for,and reimbursement shall not be made for time invglved in activities outside of those defined in Exhibit A. Work performed prior to the execution gfjyhis Contract shall not be reimbursed or considered part of this Agreement. ao/o-/791 PY-10-1 1-CORE-0146 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-10-1 1-CORE-0146 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-10-I 1-CORE-0146 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 Attomey'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-I 0-1 I-CORE-0146 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: Wayne A.Maxwell,Ph.D, 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 Wayne A. Maxwell,Ph.D.,Executive Director P.O. Box A 1300 N. 17i°Avenue Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)347-2127 18. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR teams 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-10-11-CORE-0146 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-10-1 1-CORE-0146 IN WITNESS WHEREOF,the parties hereto ..ve duly executed the Agreement as of the day,month,and year first above written. • ATTEST: rr2`f\ WELD COUN 1861 'OF COUNTY CLERK TOT j t0 'r0 r .` C: SIONERS WELD �i . - ` • COLORADO By 1 %// i. ��'/J,►sa -� .� Deputy Clerkrk air ouglas B ademacher APP AS TO F CONTRACTOR: AUG Q 982010 wao« 0c Co y e Contractor WELD COUNTY DEPARTMENT OF HUMANS RVICES By: Ju .Griego, hector 7 (90/0 — /79/ PY-1 0-I 1-CORE-0146 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide Multi-Systemic Therapy(MST)services to male and female youth ages 12- 17,and their families,within Weld County as referred by Human Services. CONTRACTOR has offices in Greeley and Fort Lupton,CO. 2. CONTRACTOR will provide MST services in accordance with the National MST model and it's standards and guidelines. 3. MST is a short-term and goal-oriented treatment that specifically targets those factors in each youth's social network that are contributing to his or her antisocial behavior. MST interventions typically aim to improve caregiver discipline practices,enhance family affective relations,decrease youth association with deviant peers,increase youth association with prosocial peers,improve youth school or vocational performance, engage youth in prosocial recreational outlets,and develop an indigenous support network of extended family,neighbors,and friends to help caregivers achieve and maintain such changes. Specific treatment techniques used to facilitate these gains are integrated from those therapies that have the most empirical support,including cognitive behavioral,behavioral,and the pragmatic family therapies. 4. CONTRACTOR will provide 3-5 hours of service per week for approximately 2-5 months for each family referred by Human Services. 8 PY-10-11-CORE-0146 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 Core Services funding,not to exceed$80,000.00. 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, if Core Services funds,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 $1,750.00/client/month(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-I 0-1 1-CORE-0146 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-10-I l-CORE-0146 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-10-11-CORE-0146 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-10-1 l-CORE-0146 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-10-1 1-CORE-0146 • 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 concems. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 JZI PY-10-11-CORE-0174 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND POUDRE VALLEY HEALTH CARE,INC.dba POUDRE Villis,Exampra I' 13 This Agreement,made and entered into the 14 day of J IA..1 2010,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,oWbehalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Poudre Valley Health Care,Inc.dba Poudre Valley Hospital,hereinafter referred to as"Contractor". Contractor operations Mountain Crest Behavioral Healthcare Center,a licensed behavioral health care facility located at 4601 Corbett Drive, Fort Collins,CO 80528. Mountain Crest offers Residential Wraparound Services. 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 Wraparound Aftercare Services(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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 aO/6— / 79/ PY-10-11-CORE-0174 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-10-11-CORE-0174 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-10-11-CORE-0174 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 fmd 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-10-11-CORE-0174 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: Shari Simmons,LCSW Residential Coordinator 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 Shari Simmons,LCSW P.O.Box A 4601 Corbett Drive Greeley,CO 80632 Fort Collins,CO (970)352-1551 (970)207-4867 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 fimding. CONTRACTOR reserves the right to suspend services to clients if funding is no longer available. 5 PY-10-11-CORE-0174 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-10-11-CORE-0174 IN WITNESS WHEREOF,the parties h have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELDC tyy'.cS LQ�t RDOFCOUNTY �r CLERKT HI BK --S'r.ata.� `f�l MISSIONERS WELD COLORADO deputy Clerk Chair Dougla Rademacher AUG 0 9 2010 APP D S TO FO CONTRACTOR. t <�t � UP +2ti - Coun Contractor LD COUNTY DEPARTMENT OF HUMAN ERVICES By: Jud .Griego,Dir c r 07C/0- /7 / PY-10-11-CORE-0174 EXHIBIT A SCOPE OF SERVICES 1. The goal of the Wraparound Aftercare Services Program is to bring the residential program to the youth's home and community by providing needed support and services that the Wraparound team has agreed upon. The intent of the"Wraparound Aftercare Services"is to solidify the work begun in residential placement and empower families to implement what is needed for their own unique circumstances,ultimately allowing for self- sufficiency. 2. The CONTRACTOR will provide the following in the home/community to those clients referred by the Department: a. Team development—Support team for the family consisting of both professional and non-professional members. b. Monthly team meetings. c. Practice of the Crisis/Safety Plan. d. Facilitation of both formal and informal resources to address the family's unique needs. e. On-call availability. f. Weekly face-to-face contact with the family by the Wraparound Facilitator. g. Individual and family therapy if needed by the same therapist the family worked with in residential placement. h. Attendance at court appointments and staffings as needed. i. Required documentation for High Fidelity Wraparound,the Department and the court. 3. Timeline for Wraparound Services: a. Upon Intake: Preliminary Intake Assessment b. Within 24-72 Hours: Evaluation and Comprehensive Assessment;Initial Risk Assessment;Psychiatric Assessment;and Health/Physical Assessment c. Within One Week: First Family Interview,First Individual Interview;Basic Strengths,Needs,Cultural Discovery(SNCD); Basic Functional Assessment(FA); Safety/Crisis Plan(CP);Basic Wrap Team Development;and Psychosocial d. Within 10 Days: Initial Team Meeting-Care Plan Development;Case manager begins working with youth on goals e. Within 30 Days: Comprehensive Team Meeting f. Within 30-45 Days: Decision on Wraparound Aftercare made by team(Intensive Wrap or Basic Wrap). 4. Under Intensive Wrap,CONTRACTOR will provide the following: a. Comprehensive SNCD b. Comprehensive FA c. Comprehensive CP d. Monthly Team Meetings e. Identified needs coming out of assessments/recommendations are;new techniques are practiced and strengths built upon. f. Wrap Facilitator works with the family building team development in their community. g. Wrap Facilitator teaches the family how to build natural supports in their community. h. Wrap team meetings are held in the family's community to assist the team in practicing treatment plan recommendations. i. Pass check-ins. j. Wrap will go to the home and practice in-home techniques that are being identified in therapy. k. Available via telephone for crisis assistance. 8 PY-10-11-CORE-0174 5. Under Basic Wrap,CONTRACTOR will provide the following: a. Monthly team meetings b. Assessments and recommendations are given to the caseworker for community referrals. c. Wrap will make recommendations to assist the family in developing a team of natural supports. d. Pass check-ins once every two weeks. 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 requested. 9 PY-10-11-CORE-0174 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 Core Services funding,not to exceed$95,000.00. 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,if Core Services funds,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 $1,700.00/Month(Flat Base Rate) $56.50/Day(Daily fee for partial months of service) 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 7ih 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-10-11-CORE-0174 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-10-11-CORE-0174 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-10-11-CORE-0174 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-10-1 I-CORE-0174 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-10-1 1-CORE-0174 • 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. 15 • PY-10-11-C( LE-0112 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES I8,„ AND REFLECTIONS FOR YOUTH,INC. ✓et /S This \grecment.made and entered into the day of 2010,by and between the Board of //- I Weld County 'ommissioners. sitting as the Board of Human Services.on behalf of the Weld County Department of Human Servii :s.hereinafter referred to as the'Department,'and Reflections for Youth.Inc.,hereinafter referred to as"Contracto W I'INESSETI I W I I (LEAS.required approval.clearance.and coordination have been accomplished from and with appropriate a; _odes:and WI I REAS.the Colorado Department of Human Services has provided Core Services funding to the Department f r Day Treatment:and NO\ TI IEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Tern This \greement shall become effective on June 1.2010,upon proper execution of this Agreement and shall expi : May 31.2011,unless sooner terminated as provided herein. 2. Seo .'of Services Sen :es shall be provided by CONTRACTOR to any person(s)eligible for child protection services in coin fiance with Exhibit A"Scope of Services."a copy of which is attached by reference. 3. Pavr-ent a. Pay ment 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 he paid from Core Sen ices 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's 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 he 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 he reimbursed or considered part of this Agreement. 0W/D— / 79� PY-I0-II-CC 2E-0112 4. Tina vial Management At a times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall com ly with the administrative requirements,cost principles and other requirements set forth in the Fina cial Management Manual adopted b)the State of Colorado. The required annual audit of all funds expc ded under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payr ent Method Unit s 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 I luman Services. The decision of the Director of Human Services shall be final. 6. Asst anccs COD TRACTOR shall abide b)all assurances as set forth in the attached Exhibit C.which is attached hereto and icorporated herein by reference. 7. Corn iliance with Applicable Laws At a times during the performance of this contract. CONTRACTOR shall strictly adhere to all applicable fede II and state laws.orders.and all applicable standards,regulations,interpretations or guidelines issued purs ant thereto. This includes the protection of the confidentiality of all applicant/recipient records. paps s.documents.tapes and an)other materials that have been or may hereafter be established which relat 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. Nati, nal origin.and sex.religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or A EIS related conditions.covered under Section 504 of the Rehabilitation Act of 1973.as amended.cited abo' If necessary.CONTRACTOR and the Department will resist in judicial proceedings any efforts to obta i access to client records except as permitted by 42 CFR Part 2. 2 PY-10-II-C( 2E-0112 Inch led is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that smal and minority businesses are utilized,when possible.as sources of supplies,equipment,construction and• :rvices. This assurance is given in consideration of and for the purpose of obtaining any and all fede d and/or state financial assistance. Any 'erson who feels that s/he has been discriminated against has the right to file a complaint either with the( ,lorado Department of Human Services or with the U.S.Department of Health and Human Services. Ofti� , for Civil Rights. 8. Con- glance with Child and Family Services Review The 'hill and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safe ,. Permanency and Well Being of families. For each outcome,data and performance indicators mea: ire each state's performance according to national standards and monitor progress over time. Folk sing the review.a Program Improvement Plan(PIP)will be implemented for the state to enhance serd. es to families. COP TRACTORS providing services to the Department families and children must continually strive for posi• ce outcomes in the areas of safety. permanency and well being. Contractors providing services in prog•.un areas identified by the Department arc required to comply with a standard assessment and repo ing system set forth in Exhibit D which will address the aforementioned three areas. 9. Insu nice COP TRACTOR,OR,shall procure.either personally or through its employer as applicable to the Contractor's bush zss.at its own expense.and maintain for the duration of the work,the following insurance coverage; Wel. County.Colorado.by and through the Board of County Commissioners of Weld County, its emp wens and agents.shall be named as additional named insured on the insurance,where permissible by the i surance 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(PI.&PD)(Minimum). Combined single limit-$500.000 written on an occurrence basis. 3. Any aggregate limit will not he less than$I million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below 5500.000. 4. State of Colorado to he named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must he attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-10-11-C( 2E-0112 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. Cert ications COD TRACTOR certifies that.at the time of entering into this Contract, it has currently in effect all neee san licenses.approvals. insurance.etc. required to properly provide the services and/or supplies cove ed by this contract. Copies of all necessary licenses shall be provided to the Department by the Con: actor prior to the start of any contract. 11. Tram; ing COP IRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Coni actor has not previously attended the training. The Contractor may be required to attend additional train ig at the request of the Department. The cost of such training will be paid for by the Department. The Dep. •tmcnt will not compensate the Contractor for the time spent attending the required trainings. 12. Subt enas COP IRACTOR will.on behalf of its employees and/or officers,accept any subpoena for testimony from the\ eld County Attorney's Office by facsimile and will return a waiver of service within 72 business hour . lithe Contractor receives a subpoena via facsimile but will only accept personal service,the Coni actor will contact the Weld County Attorney's Office immediately at 970-353-5215.ext.6503,and advi :that the subpoena must be personally served. 13. Mon -oring and Evaluation COP TRACTOR and the Department agree that monitoring and evaluation of the performance of this Aga 'went shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evah Ation shall be pro'ided to the Board of Weld County Commissioners,the Department and COP TRACTOR. COT TRACTOR shall permit the Department.and any other duly authorized agent or governmental agency, tom nitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the mon •oring agency may in its sole discretion deem necessary or appropriate,such program data,special anal: .es.on-site checking, formal audit examinations.or any other reasonable procedures. All such mon oring shall be performed in a manner that will not unduly interfere with agreement work. 14. Mod ;ication of Agreement All r odilications to this agreement shall he in writing and signed by both parties. IS. Rem dies The rirector of Human Services or designee may exercise the following remedial actions should s/he find COT TRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failu :to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by COP IRACTOR. These remedial actions are as follows: 4 PY-10-II-C( ZE-0112 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. Repi sentatives For I le purpose of this Agreement.the individuals identified below are hereby designated representatives of the r spective parties. Either party may from time to time designate in writing a new or substitute repn .entative(s): For to Department: Gloria Romansik Social Services Administrator Name Title For 'ONTRACTOR: Jeffrey J.Johnson. MA.LPC Executive Director Name Title 17. Noti z All i itices required to be given by the parties hereunder shall be given by certified or registered mail to the indi' duals at the addresses set forth below. Either party may from time to time designate in writing a subs tute person(s)or address to whom such notices shall he sent: To: The Department To: CONTRACTOR Jude A.Griego.Director Jeffrey J.Johnson,MA.LPC P.O.Box A P.O. Box 1860 Greeley.CO 80632 Berthoud.CO 80513 (970)352-1551 (970)344-1380.x202 18. Litisi tion COP TRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actit litigation in which it is a party defendant in a case that involves services provided under this Agrt 'merit.CONTRACTOR,within five(5)calendar days after being served with a summons.complaint, or of er pleading which has been filed in any federal or state court or administrative agency.shall deliver copi s of such document(s)to the Human Services Director. The term "litigation"includes an assignment for t benefit of creditors.and filings in bankruptcy.reorganization and/or foreclosure. 19. Tern nation This \greement may be terminated at any time by either party given thirty(30)days written notice and is sublt at to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if fund ig is no longer mailable. 5 PY-10-11-C( ZG0112 20. Enti, Agreement This \greement.together with all attachments hereto,constitutes the entire understanding between the parti s with respect to the subject matter hereof,and may not be changed or modified except as stated in Para raph 14 herein. 6 PY-10-II-CC ZE-0112 IN WITNESS WHEREOF,the parties h• -to have duly executed the Agreement as of the day.month.and year first ahoy-c written ATTEST: t— et, , ` WELD CI� R3 �S: '? -�� RD OF COUNTY CLERK- [ I .{3u p c f MISSIONERS WELD • UNT ,COLORADO Depi Clerk � air ouglas ademacher uc a s 2010 APPR \S TO F CONTRACTOR: ---BY Cot Attori Con ctor WELD COLT I DEPARTMENT OF HUMAN FR VICES By: Ju ' Griego- ireetor 7 aoio- /79/ PY-10-I I-C( tE-0112 EXHIBIT A SCOPE OF SERVICES I. CONTR .CI OR will provide comprehensive,highly structured Day Treatment services to female and male youth,at as II-18,as referred by the Department. Youth,age 18-21,which are considered special education and eligi de for educational services.any youth with an extensive history of aggression to self and/or others, adjudica :d sexual offenders,youth will a full-scale IQ below 70 and youth requiring routine medical assistance (diabetes seizure disorders.etc.) will be assessed on a case-by-case basis for admittance into the program. 2. CONTR .C FOR offers the following levels of Day Treatment: a. tegular Day Treatment with a minimum of two(2) Dialectical Behavioral Therapy(DB F)groups per seek plus individual and family therapy. b. '.nhanced Day Treatment which includes special education/IFP services(paid for by the home school listrict of the referred youth).therapeutic support(licensed therapist and classroom-based milieu :uppo t).psychiatric support(initial evaluation,medication management and follow up as needed), ndividual therapy and in-home family therapy. This level does not include after hours family crisis .upport. c. youth and Family Advocate Support Program/Day Treatment which includes all services provided in Inhanced Day Treatment with the addition of after hours family crisis support. Family will receive a ninimum of live(5) face-to-face contact hours of direct support.in home family therapy and 24 hour :risis support for the youth's caregivers. 3. CONTR .CTOR will provide Day Treatment services at 1000 S.Lincoln Avenue.#190-200. Loveland,CO 80537. 4. CONTR .CTOR is licensed by the Colorado Department of Human Services State Child Care licensing. 5. Services nclude.but are not limited to.assessment and evaluation,development and implementation of a treatmen plan.therapy.daily information to parent and/or caretaker regarding homework and treatment goal progress starlings as needed(at least monthly),a discharge plan and aftercare. Parents and/or caretakers are expectec to participate in the above progression of services and will be provided detailed information at the time of c scharge. 6. CONTR .C'OR will provide individual.group and family therapy to all referred youth unless otherwise directed n the Department. 7. CONTR .CTOR will provide interpretive services and transportation on a case-by-case basis as needed. 8. Testing id psychiatric medication evaluations and appointments will be conducted as needed to aid in case planning and ensure the appropriate treatment is utilized for the referred youth's maximum growth and benefit. 9. Services .rill be provided by Masters' level therapists who have specific training in one or more of the followin areas: Eye Movement Desensitization and Reprocessing(EMDR). Dialectic Behavioral therapy, Cognitiv Behavioral Therapy and/or Reactive Attachment Disorder. 10. Referrec couth will receive sera ices for approximately four(4)to six(6)months. Length of services is dcpcnde t upon the referred youth's daily/weekly progress. individual/family needs and availability of funding. 11. CONTR .CIOR will submit monthly reports and billing for each active referral to the Core and Service Contract :'oordinator. Reports will be submitted via the Department's online system unless otherwise directed by the D partment. 8 RV-10-11-C( 2F-0112 12. CONTR ,C1 OR will participate in team reviews of ongoing services as needed. 9 YY-10-II-C( tE-0112 EXHIBIT B PAYMENT SCHEDULE I. Fun( ng and Method of Pay ment "f he )epartment agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding. not to exceed$54.000.00. Expi ises incurred by CONTRACTOR. in association with said project prior to the term of this agreement. are r 9 eligible Department expenditures and shall not be reimbursed by the Department. Payr ent pursuant to this Contract.if Core Services funds,whether in whole or in part,is subject to and cont igent upon the continuing availability of said funds for the purposes hereof. In the event that said fund or any part thereof.become unavailable as determined by the Department.the Department may imm diately terminate this Contract or amend it accordingly. 2. Fees Or Services $105 06/Day(Regular Day Treatment) $13. 06/Day(Enhanced Day Treatment) $161 92/Day(Youth and Family Advocate Support Program/Day Treatment) $80. 0/Hour(Court Testimony) Dep. 'tmcnt referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be p 'formed regardless of client's refusal or inability to pay co-pay. Com actor will collect any applicable sliding scale co-pays and credit the Department for any payments recc' cd on the monthly billing statements. 3. Subi ittal of Vouchers COT TRACTOR shall prepare and submit monthly the itemized voucher and certify that the services auth. rized were provided on the date indicated and the charges made were pursuant to the terms and coot Lions 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. Billings must be submitted with the attached required forms.Authorization for Contractual Services.Request for Reimbursement.Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety.proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-10-11-C( (G-0112 EXHIBIT C ASSURANCES COD IRACTOR agrees it is an independent contractor and that its officers and employees do not become emp iyecs of Weld County.nor arc they entitled to any employee benefits as Weld County employees,as the r suit of the execution of this Agreement. 2. Wel County,the Board of County Commissioners of Weld County, its officers and employees.shall not be held fable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted COP IRACTOR or its employees.volunteers.or agents while performing duties as described in this Agc.!ment. CONTRACTOR shall indemnify.defend,and hold harmless Weld County,the Board of Cow y Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall pros le adequate liability and worker's compensation insurance for all its employees,volunteers,and agents enga ed in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with 'he acceptable evidence that such coverage is in effect. 3. No F wtion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their ofliic rs or employees may possess. not shall any portion of this Agreement be deemed to have created a duty if care with respect to any persons not a party of this Agreement. 4. No f 'rtion of this Contract shall be deemed to create an obligation on the part of the County of Weld.State of C lorado.to expend funds not otherwise appropriated in each succeeding year. 5. If an section.subsection.paragraph.sentence,clause,or phrase of this Contract is for any reason held or deci, .;d to be unconstitutional. such decision shall not affect the validity of the remaining portions. The parti s hereto declare that they would have entered into this Contract and each and every section. subs ction.paragraph.sentence.clause,and phrase thereof irrespective of the fact that any one or more secti ns.subsections.paragraphs.sentences.clauses.or phrases might be declared to be unconstitutional or inva d. 6. No t ricer.member or employee of Weld County and no member of their governing bodies shall have any pecu iary interest.direct or indirect. in the approved Agreement or the proceeds thereof 7. COD IRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no pers, n shall.on the grounds of race.creed, color, sex,or national origin,be excluded from participation in. be d, lied the benefits of,or he otherwise subjected to discrimination under this approved Contract. 8. COP TRACTOR assures that sufficient.auditable,and otherwise adequate records that will provide accu ite.current.separate.and complete disclosure of the status of the funds received under the Contract are r aintained for three(3)years or the completion and resolution of an audit. Such records shall be suffi ient to allow authorized local, Federal.and State auditors,and representatives to audit and monitor COP IRACTOR. 9. All . :ch records,documents,communications,and other materials created pursuant or related to this cont Jet shall he maintained by CONTRACTOR, in a central location and shall be made available to Social Sery :es upon its request.for a period of seven(7)years from the date of final payment under this Contract. or fc such further period as may be necessary to resolve any matters which may be pending.or until an audi has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state 1oyernment has begun but is not completed at the end of the seven(7)year period.or if audit findings have tot been resolved after a seven(7) period.the materials shall be retained until the resolution of the audi finding. 11 PY-10-11-Cr ZF-0112 10. COD IRACTOR assures that authorized local,federal,and state auditors and representatives shall,during busii ass hours,have access to inspect any copy records.and shall be allowed to monitor and review throi th on-site visits.all contract activities. supported with funds under this Contract to ensure compliance with he terms of this Agreement. Contracting parties agree that monitoring and evaluation of the perti -mance of the Agreement shall be conducted by appropriate funding sources. The results of the mon oring and evaluation activities shall be provided to the appropriate and interested parties. 11. This :ontract shall be binding upon the parties hereto.their successors,heirs. legal representatives,and assn is. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder with. in the prior written consent of both parties. 12. COD TRACTOR certifies that federal appropriated funds have not been paid or will be paid.by or on behalf of C NTRACTOR,to an) person for influencing or attempting to influence an officer or employee of an agen y.a Member of Congress.an officer or employee of Congress,or an employee of a Member of Con. .esss in connection with the awarding of any Federal contract,the making of any federal grant.the mak ig of any federal loan.the entering into of any cooperative agreement.and the extension,continuation, rene al. amendment.or modification of any Federal contract, loan,grant,or cooperative agreement. 13. COI` [RACY OR assures that it will fully comply with all other applicable federal and state laws. COP IRACTOR understands that the source of funds to he used under this Contract is Core Services funds. 14. COP IRACTOR 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 who the CONTRACTOR also maintains a relationship with a third party and the two relationships are in oppi ,ition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gs n from knowledge of these opposing interests. It is only necessary that the contractor know that the two ,lationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third tarty relationship that gives the appearance of creating a conflict of interest. Upon learning of an exist ig appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full i sclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to pr raptly submit a disclosure statement required by this paragraph shall constitute grounds for the Dep. -tment s termination. for cause,of its contract with CONTRACTOR. 12 PY-10-1l-C( 2E-0112 16. COP TRACTOR shall protect the confidentiality of all applicant records and other materials that are mair ained in accordance with this Contract. Except for purposes directly connected with the adm iistration of Child Protection.no information about or obtained from any applicant/recipient in pons ssion of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a mint 's parent or guardian unless in accordance with CON TRACTOR written policies governing access to, dupl ration and dissemination of.all such information. CONTRACTOR shall advise its employees,agents, and ihcontractor. if any.that they arc subject to these confidentiality requirements. CONTRACTOR shall pro' Je its employees.agents.and subcontractors. if any,with a copy or written explanation of these con' lentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its emp nets,agents,and subcontractors. if any.sign a written confidentiality agreement and shall provide a copy if such agreement to the Department, if requested. 17. Prop ietarw information for the purposes of this contract is information relating to a party's research. devc )pment.trade secrets.business affairs. internal operations and management procedures and those of its custi ners,clients or affiliates. but does not include information(I) lawfully obtained from third parties,(2) that hich is in the public domain.or(3)that which is developed independently. Neither party shall use or disci 'se directly or indirectly without prior written authorization any proprietary information concerning the othe party obtained as a result of this Contract. Any proprietary information removed from the State's site by C )NTRACTOR 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 Nisi] :ss. 18. COD IRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal back round record checks for all employees,contractors.and sub-contractors. 19. Con' actor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101. ;t seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this 'ontract or enter into a contract with a subcontractor that fails to certify to Contractor that the subs ntractor shall not knowingly employ or contract with an illegal alien to perform work under this Corn act. Contractor represents, warrants. and agrees that it (a) has verified that it does not employ any illeg I aliens. through participation in the Basic Pilot Employment Verification Program administered by the `. rcial Security Administration and Department of Homeland Security, and (h) otherwise will comply with .he requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests mad in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Emp wment. 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 cons quential damages to the Department. Exct 11. Where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor rece es federal or state funds under this Contract, Contractor must confirm that any individual natural pers, 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 oper tes as a sole proprietor. it hereby swears or affirms under penalty of perjury that it(a) is a citizen of the I nited States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall prod ce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one f the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of this Contract. 13 PY-10-11-C( 2E-0112 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child am Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency : id Well Being of families. For each outcome,data and performance indicators measure each state's performance :cording to national standards and monitors progress over time. Following the review,a Performance Improvement 'rogram(PIP)will he implemented for the state to enhance services to families. Additionally. he review will assess statewide. systemic factors to determine if the systems necessary to achieve positive outer nes for families are in place. All agencies t at contract to provide service to families and children in Weld County must continually strive for positive outer nes in the areas of safety. permanency and well-being for our youth. In order to insure continued progress in th ;area.the Department is requiring providers to comply with a standard assessment and reporting sy stem which rill address these three areas.* The Departmi st is requesting that provider reports include observations and recommendations regarding clients in a way that spec ically addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assess d by the CFSR in the areas of safety.permanency and well-being, followed by specific considerations and tasks whi h must be addressed by the Department contracted providers. Safety Outce'nes CFSR Outcor c Measures Safety I Chili 'en are. first and foremost.protected from abuse and neglect. Safety 2 Chili -en are safely maintained in their homes whenever possible and appropriate. Consideratior for the Department's pros iders • Pros Jers should always consider the following definitions regarding child safety when assessing families. Children are considered safe when there are no present dangers or impending danger threats,or the caregivers' protective capacities control existing threats. Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. 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. • Mon ply reports should continually document an assessment of risk and safety concerns and the inter cntions that are being offered by the provider to ameliorate those concerns. • Mon reports should make recommendations regarding services and/or safety measures that the provider belie es should he implemented to insure safety of the child(ren). • Pros Jers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcor c Measures Permanency Children have permanency and stability in their living situations. Permanency: The continuity of family relationships and connections is preserved for children. Consideratior . for the Department's providers: • Pros ,ter reports should always note the primary permanency goal for the child and document how inter cntions are working toward achieving that goal. • Pros ler reports must indicate progress toward achieving the permanency goal and should make specific reco emendations regarding how the continuation of the service may assist in achieving the goal. 14 PY-10-II-C( iB-0112 • Prot ders should continually provide recommendations about whether any out-of-home placement cunt roes to be appropriate and should make recommendations regarding when changes in this area should be IT isle. in the providers' opinion. • Prot Jers should continually assess family relationships(parent/child,sibling/sibling.extended fami :/child.etc.)and should report any concerning relationship issues which may be a barrier to achieving pern n ency. Providers should document ongoing efforts to resolve those issues and/or make reco emendations regarding additional services that may he required to address relationship issues. • Prot tiers must document specific time frames when recommending ongoing services and/or recommending than es to services and/or placements. Child and Fs Idly Well-Being Outcomes CFSR Outcor e Measures Well Being I ''amities have enhanced capacity to provide for their children's needs. Well Being 2 'hildren receive appropriate services to meet their educational needs. Well Being 3 'hildren receive adequate services to meet their physical and mental health needs. Consideratior for the Department's providers: • Prot kers must engage in ongoing assessments of the parents' capacity to appropriately care for their chili en and whether or not the service being provided continues to be appropriate. This must be clearly doct vented in monthly reports. • Prot kers should specifically detail areas of continued concern within the family and make reco emendations regarding whether that provider's service continues to be appropriate. Reports should also ocument what barriers may be impeding progress. • Pros kers should document any and all observed concerns regarding any child with whom the provider is wort ng. This should include concerns regarding physical,emotional,educational and behavioral well- twin of the child. When appropriate.providers should make recommendations regarding evaluations and/ r additional services that may address these concerns. *Standardize) reports will be provided and should be utilized by all agencies providing ongoing services to the Department's amilies unless otherwise noted. 15 PY-10-11-C( 2E-0149 IO,p�� CHILD PROTECTION AGREEMENT FOR SERVICES ` /S ��11 BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES ^I AND REFLECTIONS FOR YOUTH,INC. This \grcement.made and entered into the day of 2010,by and between the Board of Weld County 'ommissioners.sitting as the Board of I luman Services.on behalf of the Weld County Department of Human Servil _s.hereinafter referred to as the"Department."and Reflections for Youth. Inc.,hereinafter referred to as-Contract() WITNESSETH WH REAS.required approval,clearance.and coordination have been accomplished from and with appropriate a; ancies:and WI I REAS.the Colorado Department of Human Services has provided Core Services funding to the Department f r Option B(Home Based Intensive Serc ices);and NO\ I I IEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: Tern This \grcement shall become effective on June 1.2010. upon proper execution of this Agreement and shall expi May 31.2011. unless sooner terminated as provided herein. 2. Scot :of Serc ices Sen :es shall be provided by CONTRACTOR to any person(s)eligible for child protection services in com liance with Exhibit A"Scope of Services."a copy of which is attached by reference. 3. Pavr cnt 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 pros ided 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 715 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. Be Department shall not be billed I'or,and reimbursement shall not be made for time involved in attic ities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not he reimbursed or considered part of this Agreement. 1 a 0/0 /79 PY-10-II-Ct 2E-0149 4. Fina vial Management At a times from the elTective date of this Contract until completion of this Contract. CONTRACTOR shall com ly with the administrative requirements.cost principles and other requirements set forth in the Fina cial Management Manual adopted by the State of Colorado. The required annual audit of all funds expc ded under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Pavr•ent Method Units 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. Asst ances COT' TRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and; icorporated herein by reference. 7. Conn dialler,'with Applicable Laws At a times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable fede J and state laws.orders,and all applicable standards,regulations, interpretations or guidelines issued purs ant thereto. This includes the protection of the confidentiality of all applicant/recipient records, pap( s.documents.tapes and any other materials that have been or may hereafter be established which relat 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. Nati, nal origin,and sex.religion and handicap.including Acquired Immune Deficiency Syndrome(AIDS) or A US related conditions,covered under Section 504 of the Rehabilitation Act of 1973.as amended,cited abot •. If necessary,CONTRACTOR and the Department will resist in judicial proceedings any efforts to obta t access to client records except as permitted by 42 CFR Part 2. 2 PY-10-II-C( 2E-0149 Inch led is 45 C.P.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that smal and minority businesses are utilized.when possible,as sources of supplies,equipment,construction and .ry ices. This assurance is given in consideration of and for the purpose of obtaining any and all fede tl and/or state financial assistance. Any ,erson who feels that s/he has been discriminated against has the right to file a complaint either with the( )lorado Department of I Iuman Services or with the U.S.Department of Health and I luman Services, Offi, _ for Civil Rights. 8. Corr diance with Child and Family Services Review The hild and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safe . Permanency and Well Being of families. For each outcome,data and performance indicators mean ire each state's performance according to national standards and monitor progress over time. Polb .vin_the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance sere es to families. COT I RACTORS providing services to the Department families and children must continually strive for posh ve outcomes in the areas of safety,permanency and well being. Contractors providing services in prog im areas identified by the Department are required to comply with a standard assessment and repo .ing system set forth in Exhibit D which will address the aforementioned three areas. 9. Insu incc COT TRACTOR, shall procure,either personally or through its employer as applicable to the Contractor's hush ess_at its own expense.and maintain for the duration of the work,the following insurance coverage; Wel County.Colorado.by and through the Board of County Commissioners of Weld County. its emp Aces and agents. shall be named as additional named insured on the insurance,where permissible by the i surance 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). I. Combined single limit-$500,00(1 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 I Y-10-11-C( 2E-0149 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 he provided to the Department by the Contractor prior to the start of any contract. 10. Cert ications COP TRACTOR certifies that.at the time of entering into this Contract,it has currently in effect all necc San licenses,approvals. insurance,etc.required to properly provide the services and/or supplies cove ed by this contract. Copies of all necessary licenses shall be provided to the Department by the Con actor prior to the start of any contract. 11. Trai ine COP TRACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Con: actor has not previously attended the training. The Contractor may be required to attend additional train tg at the request of the Department. The cost of such training will be paid for by the Department. The Dep. 'tment will not compensate the Contractor for the time spent attending the required trainings. 12. Subt ,enas COP TRACTOR will,on behalf of its employees and/or officers.accept any subpoena for testimony from the \ eld County Attorney's Office by facsimile and will return a waiver of service within 72 business hour If the Contractor receives a subpoena via facsimile but will only accept personal service,the Con: actor will contact the Weld County Attorney's Office immediately at 970-353-5215.ext.6503,and advi :that the subpoena must be personally served. 13. Mon .oring and Evaluation COP TRACTOR and the Department agree that monitoring and evaluation of the performance of this Age •meat shall be conducted by CONTRACTOR and the Department. The results of the monitoring and evali ition shall be provided to the Board of Weld County Commissioners,the Department and CONTRACTOR. COT TRACTOR shall permit the Department,and any other duly authorized agent or governmental agency, to in nitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the mon oring agency may in its sole discretion deem necessary or appropriate, such program data,special anal: :es.on-site checking. formal audit examinations,or any other reasonable procedures. All such mon oring shall be performed in a manner that will not unduly interfere with agreement work. 14. Mod i ication of Agreement All r odilications to this agreement shall he in writing and signed by both parties. 15. Rem dies The )ireclor of Human Services or designee may exercise the following remedial actions should s/he find COP TRACTOR substantially failed to satisfy the scope of work found in this Agreement. Substantial failu :to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by COP TRACTOR. These remedial actions are as follows: 4 PY-10-ll-C( LE-0149 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance arc satisfactorily completed: h. 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 he 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. Repi sentatives For I ie purpose of this Agreement.the individuals identified below are hereby designated representatives of the r spective parties. Either party may from time to time designate in writing a new or substitute repri ;entative(s): For le Department: Gloria Romansik Social Services Administrator Name Title For ONTRACT0R: Jeffrey.1.Johnson.MA.LPC Executive Director Name Title 17. Noti All r riices required to be given by the parties hereunder shall be given by certified or registered mail to the indi' duals at the addresses set forth below. Either party may from time to time designate in writing a subs tute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Jude A.Grieco.Director Jeffrey J.Johnson,MA,LPC P.O.Box A P.O.Box 1860 Greeley.CO 80632 Berthoud,CO 80513 (970)352-1551 (970)344-1380.x202 18. htsm tam CO)) I RACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actu; litigation in which it is a party defendant in a case that involves services provided under this Agn..ment. CONTRACTOR.within live(5)calendar days after being served with a summons,complaint, or of Cr pleading which has been tiled in any federal or state court or administrative agency,shall deliver copi >of such document(s)to the Human Services Director. The term'litigation"includes an assignment for t. c benefit of creditors.and filings in bankruptcy.reorganization and/or foreclosure. 19. Tern nation This \greement may be terminated at any time by either party given thirty(30)days written notice and is subjc :t to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if fund tg is no longer available. 5 PY-I0-I I-C( tE-0149 2O. Gobi Agreement This \greement.together with all attachments hereto.constitutes the entire understanding between the parti s with respect to the subject matter hereof and may not be changed or modified except as stated in Para raph 14 herein. 6 PY-10-II-C( 2F0149 IN WITNESS WHEREOF.the parties hereto have duly executed the Agreement as of the day,month.and year first above written " �* IV A-rresT: WELD COUN 1861 "`. 5�,. BAR $F COUNTY CLERK 1O'I I RO - , M STONERS WELD �I C7 COLORAD B): Depi vClerk �� Chair louglas Rademacher AUG 0 9 2010 A ED 1S TO F CONTRACTOR: • ItY Ct t Attorr •) Con ract WELD COU TY DEPARTMENT OF HUMAN ER VICES B): .Gric .Director 7 2a/O- /25 t Y-10-II-C( 2E-0149 EXHIBIT A SCOPE OF SERVICES I. CONTR OR will provide home-based services to youth.and their families,who reside within one hour of Lovelan, _CO..as referred by the Department. Services will include therapeutic,concrete and collateral services gyros ided in a start-up.mid-service and end service phase as follows: a. ;tart-Up—CONTRACTOR will meet with the caseworker in person or by phone to determine the reatment needs of the referred family. A psychosocial and risk assessment will be completed and a •letermination of needs and strengths.as well as the development and use of base-line measures on ireas related to the out-of-home placement criteria, i.e..abuse/neglect/domestic violence.substance ibuse,mental illness.and danger to self and other in the community(Risk Assessment Measure). CONTRACTOR will determine interventions based on results of assessment. Interventions will ncludc.but arc not limited to. re-parenting/parenting skills,parental role modeling,problem solving. ,ommunication skills and parent-child conflict management. CONTRACTOR will have face-to-face :ontact in the home two(2)to three(3)hours per week during this phase. b. vlid-Service—CONTRACTOR will assess the families' skill development,ability to implement and itilize skills and will address additional interventions as needed. CONTRACTOR will have face-to- ace contact in the home two(2)to three(3)hours per week during this phase. e. tnd-Service—CONTRACTOR will assess families' ability to utilize skills in all areas addressed luring the aforementioned phases and families' access to appropriate community service support.such is mental health services.drug and alcohol services.educational systems and recreational programs. transition of treatment will he addressed as needed. CONTRACTOR will have face-to-face contact in he home one(I)to two(2)hours per week. 2. Services Ire primarily utilized in preventing out-of-home placement or transitioning child(ren)home. All services rill be provided in the referred families' home unless otherwise directed by the Department. 3. CONTR .CfOR will develop a case management plan within 30 days of receiving a referral and provide that to the refer :d family.with a copy to the caseworker. The plan will include,at a minimum;goals.goal timelines and a ml rsurement of success. 4. CONTR .CTOR will update the caseworker at least twice(2)per month with updated progress information and concern 5. CONTR .CT OR will pro'ide interpretive services,transportation and on-call support on a case-by-case basis as needed. 6. Services sill be provided by therapists with a Master's degree and two years experience in the field or a Bachelo s degree and three years experience in the field. 7. CONTR .CTOR will submit monthly reports and billing for each active referral to the Core and Service Contract :oordinator. Reports will he submitted via the Department's online system unless othenvise directed by the I) partment. 8. CONTR .CTOR will participate in team reviews of ongoing services as needed. 8 PY-10-11-C( 2E-0149 EXHIBIT B PAYMENT SCHEDULE 1. Fun( ng and Method of Payment The Icpartment agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding.not to exceed$5,000.00. Expi ises incurred by CONTRACTOR, in association with said project prior to the term of this agreement. are r ,l eligible Department expenditures and shall not be reimbursed by the Department. Pay r ern pursuant to this Contract.if Core Services funds,whether in whole or in part.is subject to and cont agent upon the continuing availability of said funds for the purposes hereof. In the event that said fund .or any part thereof become unavailable as determined by the Department.the Department may imm diately terminate this Contract or amend it accordingly. 2. Fees br Services $89. •9/Hour(Face-to-Face Contact) $80. 0/I lour(Court Testimony) Dep. -talent referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will he p -formed regardless of client's refusal or inability to pay co-pay. Con', actor will collect any applicable sliding scale co-pays and credit the Department for any payments rece ed on the monthly billing statements. 3. Sub' ittal of Vouchers COT TRACTOR shall prepare and submit monthly the itemized voucher and certify that the services auth, rized were provided on the date indicated and the charges made were pursuant to the terms and cone lions 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services.Request for Reimbursement.Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-II-C( 2E-0149 EXHIBIT C ASSURANCES COP TRACTOR agrees it is an independent contractor and that its officers and employees do not become emp )yees of Weld County. nor are they entitled to any employee benefits as Weld County employees.as the r suit of the execution of this Agreement. 2. Web County.the Board of County Commissioners of Weld County, its officers and employees,shall not be held iahle for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted COP fR.ACTOR or its employees.volunteers,or agents while performing duties as described in this Agn.:meat. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of Cou; )Commissioners of Weld County.its employees,volunteers,and agents. CONTRACTOR shall pro\ Je adequate liability and worker's compensation insurance for all its employees.volunteers,and agents enga ed in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with he acceptable evidence that such coverage is in effect. 3. No I irtion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their offic rs or employees may possess.not shall any portion of this Agreement be deemed to have created a duty if care with respect to any persons not a party of this Agreement. 4. Not irtion of this Contract shall he deemed to create an obligation on the part of the County of Weld.State of C lorado.to expend funds not otherwise appropriated in each succeeding year. 5. If an section.subsection.paragraph,sentence.clause,or phrase of this Contract is for any reason held or decit NI to be unconstitutional.such decision shall not affect the validity of the remaining portions. The parti s hereto declare that they would have entered into this Contract and each and every section, subs ction.paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more secti as.subsections,paragraphs.sentences.clauses,or phrases might be declared to be unconstitutional or inva d. 6. Not ficer,member or employee of Weld County and no member of their governing bodies shall have any peck iar' interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. COD TRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no pers, a shall.on the grounds of race.creed.color,sex.or national origin,be excluded from participation in, be d, tied the benefits of.or be otherwise subjected to discrimination under this approved Contract. 8. COT' TRACTOR assures that sufficient.auditable.and otherwise adequate records that will provide accu Ate. current.separate.and complete disclosure of the status of the funds received under the Contract arc r aintained for three(3)years or the completion and resolution of an audit. Such records shall be suffi lent to allow authorized local.Federal.and State auditors,and representatives to audit and monitor COD TRACTOR. 9. All s ich records,documents.communications,and other materials created pursuant or related to this cont ict shall he maintained by CONTRACTOR. in a central location and shall be made available to Social Sen. :es upon its request. for a period of seven(7)years from the date of final payment under this Contract, or fc such further period as may be necessary to resolve any matters which may be pending.or until an audi has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state zovernment has begun but is not completed at the end of the seven(7)year period,or if audit findings have tot been resolved after a seven (7)period.the materials shall be retained until the resolution of the audi finding. I0 PY-10-11-CC 2F-0149 10. COP I RACTOR assures that authorized local, federal,and state auditors and representatives shall.during bush as hours,have access to inspect any copy records,and shall be allowed to monitor and review throe 2h on-site visits.all contract activities.supported with funds under this Contract to ensure compliance with he terms of this Agreement. Contracting parties agree that monitoring and evaluation of the perfi mance of the Agreement shall be conducted by appropriate funding sources. The results of the mon oring and evaluation activities shall be provided to the appropriate and interested parties. II. This:'ontract shall be binding upon the parties hereto,their successors,heirs. legal representatives. and assil is. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder with ut the prior written consent of both parties. 12. COT IRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of C RACTOR,to any person for influencing or attempting to influence an officer or employee of an agen y.a Member of Congress.an officer or employee of Congress,or an employee of a Member of Con: :ess in connection with the awarding of any Federal contract.the making of any federal grant.the mak ig of any federal loan.the entering into of any cooperative agreement,and the extension,continuation, rene al.amendment.or modification of any Federal contract.loan,grant.or cooperative agreement. 13. COP f RACTOR assures that it will fully comply with all other applicable federal and state laws. COP FRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. COP TRACTOR assures and certifies that it and its principals: a. Are not presently debarred.suspended,proposed for debarment,declared ineligible,or voluntarily excluded from cowered 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. I lave not.within a three-)ear period preceding this Contract,had one or more public transactions (federal.state.and local)terminated for cause or default. 15. The vppearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department whei the CONTRACTOR also maintains a relationship with a third party and the two relationships arc in opp( •ition. In order to create the appearance of a conflict of interest.it is not necessary for the contractor to gt n from knowledge of these opposing interests. It is only necessary that the contractor know that the two tationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third yarty relationship that gives the appearance of creating a conflict of interest. Upon learning of an exist le appearance of a conflict of interest situation.CONTRACTOR shall submit to the Department,a full i sclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to pi raptly submit a disclosure statement required by this paragraph shall constitute grounds for the Dep; tmcnt's termination. for cause.of its contract with CONTRACTOR. II PY-10-II-C( LE-0149 16. COP TRACTOR shall protect the confidentiality of all applicant records and other materials that are mair ained in accordance with this Contract. Except for purposes directly connected with the adm iistration of Child Protection.no information about or obtained from any applicant/recipient in posy ssion of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a mim 's parent or guardian unless in accordance with CONTRACTOR written policies governing access to. dupl ration and dissemination of.all such information. CONTRACTOR shall advise its employees,agents, and abcontractor. if any.that they are subject to these confidentiality requirements. CONTRACTOR shall pros le its employees.agents,and subcontractors.if any.with a copy or written explanation of these conf Icntiality requirements before access to confidential data is permitted. CONTRACTOR shall have its emp 'sees,agents.and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy .)f such agreement to the Department.if requested. 17. Prop ictary information for the purposes of this contract is information relating to a party's research. devc )pment,trade secrets.business affairs, internal operations and management procedures and those of its custt hers,clients or affiliates.but does not include information(1)lawfully obtained from third parties.(2) that hich is in the public domain,or(3)that which is developed independently. Neither party shall use or disci 'se directly or indirectly without prior written authorization any proprietary information concerning the othe party obtained as a result of this Contract. Any proprietary information removed from the State's site by( )N TRACTOR in the course of providing services under this Contract will be accorded at least the samt precautions as are employed by CONTRACTOR for similar information in the course of its own bush _ss. 18. COP TRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal back..round record checks for all employees.contractors. and sub-contractors. 19. Com actor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101. :t seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this 'ontract or enter into a contract with a subcontractor that fails to certify' to Contractor that the subc ntractor shall not knowingly employ or contract with an illegal alien to perform work under this Com act. Contractor represents. warrants. and agrees that it (a) has verified that it does not employ any illeg I aliens. through participation in the Basic Pilot Employment Verification Program administered by the ieial Security Administration and Department of Homeland Security, and (b) otherwise will comply with he requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests mad, in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Emp )yment. 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 cons quential damages to the Department. Exa.a where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3). if Contractor rece es federal or state funds under this Contract, Contractor must confirm that any individual natural pers' n 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 oper 4es as a sole proprietor, it hereby swears or affirms under penalty of perjury that it(a) is a citizen of the I nited States or is otherwise lawfully present in the United States pursuant to federal law. (b) shall prod ce one of the forms of identification required by C.R.S. 24-76.5-101. et seq.. and (c) shall produce one f the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of this Contract. 12 PY-10-11-C( 2E-0149 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child am Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency id Well Being of families. For each outcome,data and performance indicators measure each state's performance: :cording to national standards and monitors progress over time. Following the review,a Performance Improvement ;'rogram(PIP)will be implemented for the state to enhance services to families. Additionally. he review will assess statewide. systemic factors to determine if the systems necessary to achieve positive outer nes for families are in place. All agencies I at contract to provide service to families and children in Weld County must continually strive for positive outer mes in the areas of safety.permanency and well-being for our youth. In order to insure continued progress in th ;area,the Department is requiring providers to comply with a standard assessment and reporting s.stem which vill address these three areas.* The Departm, it is requesting that provider reports include observations and recommendations regarding clients in a way that spec ically addresses the areas of safety.permanency and well-being. Below are the specific outcomes that will be assess d by the CFSR in the areas of safety.permanency and well-being.followed by specific considerations and tasks svhi h must be addressed by the Department contracted providers. Safety Outcc nes CFSR Outcor •e Measures Safety I Chili .en are.first and foremost,protected from abuse and neglect. Safety 2 Chili -en are safely maintained in their homes whenever possible and appropriate. Consideratior for the Department's providers • Pros .lcrs should always consider the following definitions regarding child safety when assessing families. Children are considered safe when there are no present dangers or impending danger threats.or the caregivers' protective capacities control existing threats. Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. 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. • Mon ily reports should continually document an assessment of risk and safety concerns and the inter cntions that are being offered by the provider to ameliorate those concerns. • Mon reports should make recommendations regarding services and/or safety measures that the provider belie es should be implemented to insure safety of the child(ren). • Pros .lers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcor e Measures Permanency Children have permanency and stability in their living situations. Perrmanency: The continuity of family relationships and connections is preserved for children. Consideratior . for the Department's providers: • Pros der reports should always note the primary permanency goal for the child and document how inter entions are working toward achieving that goal. • Pro\ .ter reports must indicate progress toward achieving the permanency goal and should make specific reco emendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-10-II-C( 2F.-0149 • Pros lens should continually provide recommendations about whether any out-of-home placement corn cues to be appropriate and should make recommendations regarding when changes in this area should ben idc. in the providers'opinion. • Pros Jeers should continually assess family relationships(parent/child,sibling/sibling.extended fami /child.etc.)and should report any concerning relationship issues which may be a barrier to achieving pern mercy. Providers should document ongoing efforts to resolve those issues and/or make reco emendations regarding additional services that may be required to address relationship issues. • Pros Jers must document specific time frames when recommending ongoing services and/or recommending char es to services and/or placements. Child and Ft nily Well-Being Outcomes CPSR Outcoi e Measures Well Being I -amities have enhanced capacity to provide for their children's needs. Well Being 2 Thildren receive appropriate services to meet their educational needs. Well Being 3 Thildren receive adequate services to meet their physical and mental health needs. Considcratior for the Department's providers: • Pros Jers must engage in ongoing assessments of the parents' capacity to appropriately care for their chile en and whether or not the service being provided continues to be appropriate. This must be clearly doct nented in monthly reports. • Pros Jers should specifically detail areas of continued concern within the family and make reco •imendations regarding whether that provider's service continues to be appropriate. Reports should also ocument what barriers may be impeding progress. • Pros tiers should document any and all observed concerns regarding any child with whom the provider is wort ng. This should include concerns regarding physical.emotional,educational and behavioral well- bein of the child. When appropriate.providers should make recommendations regarding evaluations and/ r additional services that may address these concerns. *Standardize( reports will be provided and should be utilized by all agencies providing ongoing services to the Department's kmilies unless otherwise noted. 14 naiitI. Mr,o PY-I0-11-C2 2E-0161 <70/67 CHILD PROTECTION AGREEMENT FOR SERVICES ✓G� /S BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH,INC. I/' 0 This \greement,made and entered into the day of 2010.by and between the Board of Weld County ,'ommissioners. sitting as the Board of Human Services.on behalf of the Weld County Department of Human Send s. hereinafter referred to as the"Department,"and Reflections for Youth. Inc..hereinafter referred to as"Contract() -. WITNESSETII WTI REAS.required approval.clearance.and coordination have been accomplished from and with appropriate a; _ncies:and WI-I REAS.the Colorado Department of I Iuman Sens ices has provided Core Services funding to the Department b r Sex Abuse Treatment(Informed Supervision Only):and NOA I i IEREFORE. in consideration of the premises.the parties hereto covenant and agree as follows: Ten This \greement shall become effective on June I,2010. upon proper execution of this Agreement and shall expi May 31.2011. unless sooner terminated as provided herein. 2. Scot of Services Sery :es shall be proy ided by CONTRACTOR to any person(s)eligible for child protection services in com fiance with Exhibit A"Scope of Services."a copy of which is attached by reference. 3. Pater cnt a. Payment shall he 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 he paid from Core Serw ices 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 7'11 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 (70/0-/79/ PY-I0-11-C( 2f-0161 4. Fina cial Management At a times from the effecti'e date of this Contract until completion of this Contract. CONTRACTOR shall com ly with the administrative requirements.cost principles and other requirements set forth in the Fina vial Management Manual adopted by the State of Colorado. The required annual audit of all funds expc ded under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payr znt Method Unit: s 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 I luman Services. The decision of the Director of Human Services shall he final. 6. Ass ances COT f RACIOR shall abide by all assurances as set forth in the attached Exhibit C.which is attached hereto and I corporated herein by reference. 7. Corn Fiance with Applicable I.aws At a times during the performance of this contract. CONTRACTOR shall strictly adhere to all applicable fede il and state laws,orders,and all applicable standards,regulations. interpretations or guidelines issued purs ant thereto. This includes the protection of the confidentiality of all applicant/recipient records. paps s.documents.tapes and any other materials that have been or may hereafter be established which relat 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.P.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 Retbrm and Control Act of 1986. P.I..99-603; 42 C.P.R. Part2 and all regulations applicable to these laws prohibiting discrimination because of race,color. Nati, nal origin.and sex,religion and handicap.including Acquired Immune Deficiency Syndrome(AIDS) or A DS related conditions. covered under Section 504 of the Rehabilitation Act of 1973.as amended,cited abos If necessary.CONIRACTOR and the Department will resist in judicial proceedings any efforts to obta t access to client records except as permitted by 42 CFR Part 2. 2 PY-10-11-C( 2E-0161 Inch led is 45 C.F.R. Part 74 Appendix G 9.which requires that affirmative steps be taken to assure that smal and minority businesses are utilized.when possible,as sources of supplies,equipment.construction and rvices. This assurance is given in consideration of and for the purpose of obtaining any and all cede d and/or state financial assistance. Any ierson who feels that s/he has been discriminated against has the right to file a complaint either with the( tlorado Department of Human Services or with the U.S. Department of Health and Human Services. Olin for Civil Rights. K. Con- fiance with Child and Family Services Review The 'hild and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safe :. Permanency and Well Being of families. For each outcome,data and performance indicators mew ire each state's performance according to national standards and monitor progress over time. Folli .ping the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance sets.' cs to families. COT TRACTORS providing services to the Department families and children must continually strive for posi l vc outcomes in the areas of safety. permanency and well being. Contractors providing services in prog am areas identified by the Department are required to comply with a standard assessment and repo ing system set forth in Exhibit D which will address the aforementioned three areas. 9. Insu nice. COD TRACTOR. shall procure.either personally or through its employer as applicable to the Contractor's bush 2.ss.at its own expense,and maintain for the duration of the work,the following insurance coverage; Wel' County.Colorado.by and through the Board of County Commissioners of Weld County,its emp ,yees and agents. shall be named as additional named insured on the insurance.where permissible by the i surance 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). 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 he attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-10-11-C( 2F-0161 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. Cert ications CO" IRACTOR certifies that.at the time of entering into this Contract. it has currently in effect all nece san licenses.approvals. insurance.etc. required to properly provide the services and/or supplies cove ed by this contract. Copies of all necessary licenses shall be provided to the Department by the Con: actor prior to the start of any contract. 11. Trai h CO` I-RACTOR shall attend a Court Testimony and Ethics Training to be paid for by the Department if the Con: actor has not previously attended the training. The Contractor may be required to attend additional train ig at the request of the Department. The cost of such training will be paid for by the Department. The Dep tment will not compensate the Contractor for the time spent attending the required trainings. 12. Sub' icnas CO" I RACTOR will.on behalf of its employees and/or officers,accept any subpoena for testimony from the\ eld County Attorney's Office by facsimile and will return a waiver of service within 72 business hour . If the Contractor receives a subpoena via facsimile but will only accept personal service,the Con: actor will contact the Weld County Attorney's Office immediately at 970-353-5215.ext.6503.and advi .that the subpoena must be personally served. 13. Mon ,wring and Evaluation CO" I RACTOR and the Department agree that monitoring and evaluation of the performance of this Agrt imcnt shall be conducted by CONTRACTOR and the Department. The results of the monitoring and eval. ition shall be prox ided to the Board of Weld County Commissioners.the Department and CO" I RAC FOR. CO" TRACTOR shall permit the Department.and any other duly authorized agent or governmental agency, tom nitor all activities conducted by CONTRACTOR pursuant to the terms of this Agreement. As the mon 'oring agency may in its sole discretion deem necessary or appropriate,such program data,special anal; tes.on-site checking. formal audit examinations,or any other reasonable procedures. All such mon oring shall be performed in a manner that will not unduly interfere with agreement work. 14. Mod ication of Agreement All r odilications to this agreement shall be in writing and signed by both parties. 15. Rem dies The lirector of I luman Services or designee may exercise the following remedial actions should s/he find COP IRACTOR substantially failed to satisfy, the scope of work found in this Agreement. Substantial failu :to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by CO" TRACTOR. These remedial actions are as follows: 4 PY-10-11-C( ZF-0161 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. Repi sentatives For I le purpose of this Agreement.the individuals identified below are hereby designated representatives of the r spective parties. Either party may from time to time designate in writing a new or substitute repo .entative(s): For a Department: Gloria Romansik Social Services Administrator Name Title For 'ONTRACTOR: Jeffrey J.Johnson. MA.LPC Executive Director Name Title 17. Noti All r discs required to be given by the parties hereunder shall be given by certified or registered mail to the indi' duals at the addresses set forth below. Either party may from time to time designate in writing a subs tute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Jeffrey J.Johnson,MA.LPC P.O.Box A P.O.Box 1860 Greeley.CO 80632 Berthoud.CO 80513 (970)352-1551 (970)344-1380.x202 18. I.iti¢ lion COP TRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actu; litigation in which it is a party defendant in a case that involves services provided under this Agrc •ment.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or 01 er pleading which has been tiled in any federal or state court or administrative agency,shall deliver copi s of such doeument(s)to the Human Services Director. The term litigation" includes an assignment fort e benefit of creditors.and filings in bankruptcy,reorganization and/or foreclosure. 19. Tern nation This \greement may be terminated at any time by either party given thirty(30)days written notice and is sub(' a to the availability of funding. CONTRACTOR reserves the right to suspend services to clients if fund IQ is no longer available. 5 PY-10-I1-C( 2E-0161 20. Entii •Agreement This \greement,together with all attachments hereto,constitutes the entire understanding between the parti s ith respect to the subject matter hereof.and may not be changed or modified except as stated in Para raph 14 herein. 6 PY-10-11-C( UE-016I IN WITNESS WHEREOF,the parties her Yfir duly executed the Agreement as of the day,month.and year first above written ,%/i ATTEST: /�„�„�[`sg`j��' WELl COU MI • OF COUNTY CLERK TO *E B • g {/ � ISSIONERS WELD COLORADOO By: i 4: SsY G , pep' y Clerk �"r Chair Aouglas Kademacher APP - AS 17Yh CONTRACTOR: UG 0 9 2010 'o orrs® Contra r WELD COUI TY DEPARTMENT OF HUMAN -ERVICES By: d ‘.Grie Director 7 aD/O- /79/ PY-10-11-C( 2E-0161 EXHIBIT A SCOPE OF SERVICES I. CONTR .COR will provide informed supervision services to individuals,parents, family members and caretake who supervise juvenile sex offenders and who reside within one(1)hour of Loveland,CO..as referred y the Department. 2. Services .till he provided by Carol Johnson. MA.who is certified through the Kempe Center,as an informed supervis in trainer.per the requirements set forth by the Colorado Sex Offender Management Board on Juvenile 'standards. 3. CONTR .CTOR will ensure that the all referred parties meet the informed supervision requirements for the care and sups vision of a youth who has committed a sex offense. This will include the primary goals of community safety ar I the safety of the youth being supervised and will be addressed through the following: Safety planning increased awareness/understanding of the definitions of abusive behaviors,recognition and confront tion of thinking errors, increased accountability and responsibility on the part of the supervised youth and sups \ising parent(s)or caretaker(s). recognition of and intervention in the cycle of abuse.definition of healthy t id age appropriate sexuality-.and increasing the supervised youth's coping skills. 4. CONTR .CTOR will provide interpretive services as needed. 5. CONTR .CfOR will submit a report following the completion of services. Reports will be submitted per the online fc mat required by the Department. 8 PY-10-II-CI 2F-0161 EXHIBIT B PAYMENT SCHEDULE runt ng and Method of Payment The )epartment agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding.not to exceed$250.00. Ex's iscs incurred by CONTRACTOR, in association with said project prior to the term of this agreement, are r it eligible Department expenditures and shall not be reimbursed by the Department. Payr ent pursuant to this Contract. if Core Services funds,whether in whole or in part,is subject to and cont igent upon the continuing availability of said funds for the purposes hereof. In the event that said fund .or any part thereof.become unavailable as determined by the Department,the Department may imm diately terminate this Contract or amend it accordingly. 2. Fees Or Services $60. 0/Person/Class Dep: tment referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will he p .limned regardless of client's refusal or inability to pay co-pay. Corr actor will collect any applicable sliding scale co-pays and credit the Department for any payments rece ed on the monthly billing statements. 3. Subi ittal of Vouchers COT TRACTOR shall prepare and submit monthly the itemized voucher and certify that the services auth rized were provided on the date indicated and the charges made were pursuant to the terms and conc Lions 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. Billings must he submitted with the attached required forms, Authorization for Contractual Services. Request for Reimbursement.Client Verification Form and monthly report. 'The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety, proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 BY-10-11-CE 2E-0161 EXHIBIT C ASSURANCES I. COD IRACTOR agrees it is an independent contractor and that its officers and employees do not become emp ryees of Weld County.nor are they entitled to any employee benefits as Weld County employees,as the r suit of the execution of this Agreement. 2. Web County.the Board of County Commissioners of Weld County,its officers and employees.shall not be held iahle for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-contracted COP IRACTOR or its employees.volunteers,or agents while performing duties as described in this Agra •ment. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of Cola y Commissioners of Weld County, its employees,volunteers,and agents. CONTRACTOR shall pros le adequate liability and worker's compensation insurance for all its employees.volunteers,and agents enga cd in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with he acceptable evidence that such coverage is in effect. 3. Not action of this Contract shall be deemed to constitute a waiver of any immunities the parties or their offic rs or employees may possess.not shall any portion of this Agreement be deemed to have created a duty if care with respect to any persons not a party of this Agreement. 4. No T n'tion of this Contract shall be deemed to create an obligation on the part of the County of Weld. State of C lorado.to expend funds not otherwise appropriated in each succeeding year. 5. If an section.subsection,paragraph,sentence.clause,or phrase of this Contract is for any reason held or decii ed to be unconstitutional.such decision shall not affect the validity of the remaining portions. The parti s hereto declare that they would have entered into this Contract and each and every section. subs ction.paragraph.sentence,clause.and phrase thereof irrespective of the fact that any one or more secti ns.subsections. paragraphs.sentences. clauses.or phrases might he declared to be unconstitutional or inva d. 6. Not liter.member or employee of Weld County and no member of their governing bodies shall have any pecu iary interest,direct or indirect. in the approved Agreement or the proceeds thereof 7. COT IRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no persi i shall.on the grounds of race.creed,color. sex.or national origin,be excluded from participation in, be d lied the benefits of.or be otherwise subjected to discrimination under this approved Contract. 8. COP IRACTOR assures that sufficient.auditable.and otherwise adequate records that will provide accu ate. current,separate,and complete disclosure of the status of the funds received under the Contract are r aintained for three(3)years or the completion and resolution of an audit. Such records shall be suffi lent to allow authorized local, Federal.and State auditors,and representatives to audit and monitor COT' TRACTOR. 9. All s feh records.documents.communications,and other materials created pursuant or related to this cont tet shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Sers bes upon its request for a period of seven(7)years from the date of final payment under this Contract, or fc such further period as may be necessary to resolve any matters which may be pending,or until an audi has been completed with the following qualifications: Ilan audit by or on behalf of the federal and/or state toscrnment has begun but is not completed at the end of the seven(7)year period,or if audit findings have lot been resolved after a seven(7)period.the materials shall be retained until the resolution of the audi finding. 10 PY-10-11-C( (E-0161 10. CO` TRACTOR assures that authorized local, federal,and state auditors and representatives shall.during bust' 2ss hours.have access to inspect any copy records,and shall be allowed to monitor and review throe ah on-site visits.all contract activities,supported with funds under this Contract to ensure compliance with he terms of this Agreement. Contracting parties agree that monitoring and evaluation of the pert1 -mance of the Agreement shall be conducted by appropriate funding sources. tithe results of the mon oring and evaluation activities shall be provided to the appropriate and interested parties. I I. This Liontract shall be binding upon the parties hereto.their successors.heirs,legal representatives.and asset is. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder with ut the prior written consent of both parties. 12. CO` IRACTOR certifies that federal appropriated funds have not been paid or will be paid.by or on behalf of C iN TRACTOR.to any person for influencing or attempting to influence an officer or employee of an agen y. a Member of Congress.an officer or employee of Congress,or an employee of a Member of Cop. 'ess in connection with the awarding of any Federal contract.the making of any federal grant.the mak tg of any federal loan.the entering into of any cooperative agreement.and the extension,continuation, rene al. amendment.or modification of any Federal contract,loan,grant.or cooperative agreement. 13. CO' IRACTOR assures that it will fully comply with all other applicable federal and state laws. CO!' IRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CO` IRACTOR 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 ,ppearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department whet the CONTRACTOR also maintains a relationship with a third party and the two relationships are in oppt .ition. In order to create the appearance of a conflict of interest. it is not necessary for the contractor to gt n from knowledge of these opposing interests. It is only necessary that the contractor know that the two :lationships are in opposition. During the term of the Contract,CONTRACTOR shall not enter any third -tarty relationship that gives the appearance of creating a conflict of interest. Upon learning of an exist ig appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department,a full i sctosure statement setting forth the details that create the appearance of a conflict of interest. Failure to pr !mptly submit a disclosure statement required by this paragraph shall constitute grounds for the Dep: -tment's termination.for cause.of its contract with CONTRACTOR. II PY-10-11-C( 2E-0161 16. CO* TRACTOR shall protect the confidentiality of all applicant records and other materials that are mair aincd in accordance with this Contract. Except for purposes directly connected with the adm tistration of Child Protection,no information about or obtained from any applicant/recipient in poss ssion of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a min( 'ss parent or guardian unless in accordance with CONTRACTOR written policies governing access to. dupl :ation and dissemination of,all such information. CONTRACTOR shall advise its employees,agents. and ibcontractor. if any,that they arc subject to these confidentiality requirements. CONTRACTOR shall pros Je its employees.agents.and subcontractors. if any.with a copy or written explanation of these con! lentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its emp (yees.agents.and subcontractors. if any. sign a written confidentiality agreement and shall provide a cop) .if such agreement to the Department.if requested. 17. Prot- ietary information for the purposes of this contract is information relating to a party's research, devc Jpment.trade secrets.business affairs. internal operations and management procedures and those of its Bust( ners.clients or affiliates.but does not include information(I) lawfully obtained from third parties.(2) that hich is in the public domain.or(3)that which is developed independently. Neither party shall use or disc] 'se directly or indirectly without prior written authorization any proprietary information concerning the othe party obtained as a result of this Contract. Any proprietary information removed from the State's site by C )NI RAC TOR in the course of providing services under this Contract will be accorded at least the samt precautions as arc employed by CONTRACTOR for similar information in the course of its own busii rss. 18. COT TRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal back round record checks for all employees.contractors,and sub-contractors. 19. Con's actor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101. A seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this 'ontract or enter into a contract with a subcontractor that fails to certify to Contractor that the subc ntractor shall not knowingly employ or contract with an illegal alien to perform work under this Com act. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illcg 1 aliens, through participation in the Basic Pilot Employment Verification Program administered by the .` icial Security Administration and Department of Homeland Security, and (b) otherwise will comply with _he requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests mad, in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Emp iyment. 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 cons quential damages to the Department. Exct it where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor rece1 es federal or state funds under this Contract, Contractor must confirm that any individual natural pers. n 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 oper tes as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the I nited States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall prod ce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one. f the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of this Contract. 12 PY-I0-II-C( 2E-0161 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child am Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety. Permanency Id Well Being of families. For each outcome.data and performance indicators measure each state's performance _cording to national standards and monitors progress over time. Following the review.a Performance Improvement 'rogram(PIP)will be implemented for the state to enhance services to families. Additionally. he review will assess statewide.systemic factors to determine if the systems necessary to achieve positive outer nes for families are in place. All agencies t at contract to provide service to families and children in Weld County must continually strive for positive outer nes in the areas of safety.permanency and well-being for our youth. In order to insure continued progress in th a area.the Department is requiring providers to comply with a standard assessment and reporting sy stem which sill address these three areas.* The Departmi it is requesting that provider reports include observations and recommendations regarding clients in a way that spec 'wally addresses the areas of safety,permanency and well-being. Below are the specific outcomes that will be assess d by the CFSR in the areas of safety.permanency and well-being, followed by specific considerations and tasks whi h must be addressed by the Department contracted providers. Safety Outco Ines CFSR Outeor e Measures Safety I Chili -en are. first and foremost,protected from abuse and neglect. Safety 2 Chili -en are safely maintained in their homes whenever possible and appropriate. Consideratior i for the Department's providers • Pros dens should always consider the following definitions regarding child safety when assessing families. Children are considered safe when there are no present dangers or impending danger threats,or the caregivers'protective capacities control existing threats. Children are considered unsafe when they are vulnerable to present or impending danger threats. and caregivers are unable or unwilling to provide protection. 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. • Mon, fly reports should continually document an assessment ofrisk and safety concerns and the inter entions that are being offered by the provider to ameliorate those concerns. • Mor ily reports should make recommendations regarding services and/or safety measures that the provider bell( es should be implemented to insure safety of the child(ren). • Prow Jeri:must specifically document efforts to engage families in services and to control for safety. Permanency i)utcomes CFSR Outcor e Measures Permanency '. Children have permanency and stability in their living situations. Permanency: The continuity of family relationships and connections is preserved for children. Consideratior for the Department's providers: • Pros der reports should always note the primary permanency goal for the child and document how inter entions arc working toward achieving that goal. • Pros der reports must indicate progress toward achieving the permanency goal and should make specific reco emendations regarding how the continuation of the service may assist in achieving the goal. 13 PY-10-II-CC ([-0161 • Prot Jers should continually provide recommendations about whether any out-of-home placement cont rues to be appropriate and should make recommendations regarding when changes in this area should hen 4e_in the providers' opinion. • Pro'. Jers should continually assess family relationships(parent/child,sibling/sibling,extended fami /child.etc.)and should report any concerning relationship issues which may be a barrier to achieving pem mency. Providers should document ongoing efforts to resolve those issues and/or make reco emendations regarding additional services that may be required to address relationship issues. • Prov .lers must document specific time frames when recommending ongoing services and/or recommending chan es to services and/or placements. Child and Fr tnily Well-Being Outcomes CFSR Outcor c Measures Well Being I ''amities have enhanced capacity to provide for their children's needs. Well Being 2 'hildren receive appropriate services to meet their educational needs. Well Being 3 `hildren receive adequate services to meet their physical and mental health needs. Consideratior . for the Department's providers: • Pro\ Jers must engage in ongoing assessments of the parents' capacity to appropriately care for their chile en and whether or not the service being provided continues to be appropriate. This must be clearly docr nented in monthly reports. • Pros Jers should specifically detail areas of continued concern within the family and make reco emendations regarding whether that provider's service continues to he appropriate. Reports should also ocument what barriers may be impeding progress. • Pro'. Jers should document any and all observed concerns regarding any child with whom the provider is wort. ng. This should include concerns regarding physical,emotional,educational and behavioral well- bein of the child. When appropriate.providers should make recommendations regarding evaluations andA•r additional services that may address these concerns. *Standardize( reports will be provided and should be utilized by all agencies providing ongoing services to the Department's umi lies unless otherwise noted. 14 L11'),72;_71E 2 /,5 irD tt- PY-10-11-CORE-121 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE This Agreement,made and entered into the day of 2010,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 Savio House,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 finding to the Department for Functional Family Therapy(FFT);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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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?O/O '779 PY-10-11-CORE-12I 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 ct.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-10-11-CORE-121 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-10-11-CORE-121 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-10-11-CORE-121 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: David Bennett Director of Program Development 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 David Bennett,Director of Program Development P.O.Box A 325 King Street Greeley,CO 80632 Denver,CO 80219 (970)352-1551 (303)225-4202 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-10-11-CORE-121 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-10-11-CORE-121 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO jt+TX +., 0 OF COUNTY CLERK T• 4 E ) CO$ ISSIONERS WELD T, , OLORADO L � By • Deputy Clerk ��I hair ouglas ademacher APP D AS O : CONTR� TOR: AUG 0 9 2010 //, BY / C, tycgomey ' ontracto WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju .Grie hector 7 dO/O- /79/ PY-10-11-CORE-121 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide Functional Family Therapy(FFT)services to male and female youth within the approximate age range of 12-21 years,and their families,as referred by the Department. Services are based in the Longmont area but serve Weld,Larimer,Boulder and northern Adams counties. 2. CONTRACTOR will provide services in accordance with the National Functional Family Therapy(FFT) model and its standards and guidelines. 3. FFT is an intensive short-term, in-home,evidenced-based therapeutic service that empowers youth and families with the skills and resources needed to independently address the difficulties they are having raising their children. Youth are empowered to cope with family,peer,school and neighborhood problems; build community and natural support systems;decrease negativity and blame among family members;and decrease anti-social behaviors. Primary interventions include,as clinically appropriate: Family, Cognitive/Behavioral,family therapy,and school and/or community-based. 4. Length of treatment is four(4)hours per week per family over approximately three(3)months. 5. CONTRACTOR will submit a report on a monthly basis for each active referral. 6. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-10-1 l-CORE-121 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 Core Services funding,not to exceed$2,000.00. 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,if Core Services funds,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 $780.00/client/month(pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms.Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-121 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-10-11-CORE-121 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 finds 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-10-I l-CORE-121 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-10-11-CORE-121 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-10-11-CORE-121 • 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(parenUchild,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 othenvise noted. 14 YIP PY-10-11-CORE-0150 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE This Agreement,made and entered into the day of 2010,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 Savio House,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 Community-Based Services(CBS);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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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-10-11-CORE-0150 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-10-11-CORE-0150 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-10-11-CORE-0150 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 retum 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-10-11-CORE-0150 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: David Bennett Director of Program Development 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 David Bennett,Director of Program Development P.O.Box A 325 King Street Greeley,CO 80632 Denver,CO 80219 (970)352-1551 (303)225-4202 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-10-11-CORE-0150 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-10-11-CORE-0150 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. b , / s ATTEST: WEL t COUN i'�s Si;404.4.•• ' ? OF COUNTY CLERK TOT ' ; B• AIM �.SIGNERS WELD •i!.�r', COLORADO By: Deputy Clerk / �� Chair ,�ouglas ademacher APP A BONTRi TOR`,:'(�f�T/n�''-' AUG O 9 2010 Cou A mil Ilrr tractor " �' WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: r J y .Griego, hector 7 (77 /O 79//79/ PY-10-11-CORE-0150 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide comprehensive programming,through their Community Based Services program,to youth referred by the Department who do not qualify for Chafee services,and are in need of transitional services or family preservation services in order to prevent recidivism or placement and prepare the youth for a pro-social lifestyle. Services include the following: a. Mentoring—CONTRACTOR will provide individual counseling to the referred youth as a means of maintaining the therapeutic relationship and teaching/modeling pro-social attitudes and values. Skills will be demonstrated to the youth and the youth will be given the opportunity to practice/role play new skills. All counseling sessions will incorporate the principles of Cognitive Behavioral Therapy and Aggression Replacement Therapy to address issues pertinent to the emancipating youth. b. Educational Support—CONTRACTOR will evaluate the referred youth's education needs and interests through a review of educational services and plans,discussions and past records during the pre-placement interview to determine what services are required. If the youth is not enrolled in an educational program.CONTRACTOR will assist the youth in identifying and enrolling in an educational/vocational program. c. Employment and Vocational Support—CONTRACTOR,in collaboration with the referred youth and the caseworker,will determine employment interests,aptitudes and special training completed. CONTRACTOR will assist the youth in finding employment,completing applications,developing a resume and interviewing. Transportation services are available to assist the client in accessing resources,applying for jobs,attending interviews,and completing appropriate follow up. The youth also will be taught job maintenance skills. Identified caretakers will be taught to monitor all aspects of the youth's employment including hours worked,attitude,performance and income. d. Finding and Securing Housing—CONTRACTOR will work with the referred youth to find housing in an area that is appropriate for the youth. Transportation is available to assist youth in completing the necessary processes to secure housing. CONTRACTOR will ensure that the youth understands the application process,lease information,deposit requirement,rental agreement,and setting up utilities/services,as well as other associated factors such as moving,furnishing a home,and household budgeting/money management. e. Community Resources—CONTRACTOR will work with the referred youth to identify needs and interests and will assist the youth in accessing appropriate community resources. This will include completing a checklist that identifies the location of the nearest bank,grocery store,post office and other neighborhood agencies. CONTRACTOR also will work with the youth to identify appropriate social supports that will continue to be a part of the youth's life in the future. f. Leisure Time—CONTRACTOR will work with the referred youth to identify the youth's recreational and social interests and assist the youth in accessing positive,age-appropriate community activities that address those interests. g. Parenting Skills for Teen Parents—As applicable,CONTRACTOR will provide the referred teen parent,or pregnant teen,with parenting skills training and support. CONTRACTOR will determine the needs of the teen or expectant parent and address relevant topics and ensure basic parenting skills are learned. Topics may include,but are not limited to,newborn/infant/toddler development milestones,basic needs of children,age-appropriate expectations,effective communication and decision-making,positive discipline strategies and how to provide a nurturing,safe and consistent environment. The teen also may be referred to a parenting support and education group. 8 PY-10-11-CORE-0150 h. Crisis Intervention—CONTRACTOR will provide emergency response services 24 hours a day/7 days a week to assist referred youth and families in crisis. Crisis intervention may be provided by phone or through face-to-face contact dependant upon the nature of the crisis and level of intervention needed. i. Aftercare Support—CONTRACTOR will work with the referred youth to develop an individualized network of community services to maintain the youth after program involvement has terminated. This will include neighborhood agencies that will assist the youth in maintaining contact with positive influences that will provide the youth with support after discharge from the program. CONTRACTOR also will assist the youth in identifying a significant other,role model or mentor within the youth's social network who will continue to be a positive influence in the future. 2. CONTRACTOR will submit a report on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department. 3. CONTRACTOR will participate in team reviews of ongoing services as needed. 9 PY-10-11-CORE-0150 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$20,000.00. 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, if Core Services funds,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 $1,814.00/Month(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-10-11-CORE-0150 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-10-11-CORE-0150 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-10-1 1-CORE-0150 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-10-11-CORE-0150 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 arc 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-10-11-CORE-0150 • 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 harriers 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 concems. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 15 o C WED air PY-10-11-CORE-0182 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE This Agreement,made and entered into the day of 2010,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 Savio House,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 Services(Community-Based Services-Child Protection);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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. 0?0/0 2 9/ PY-10-11-CORE-0182 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-10-11-CORE-0182 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-10-11-CORE-0182 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-10-11-CORE-0182 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: David Bennett Director of Program Development 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 David Bennett,Director of Program Development P.O.Box A 325 King Street Greeley,CO 80632 Denver,CO 80219 (970)352-1551 (303)225-4202 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-10-11-CORE-0182 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-10-11-CORE-0182 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: ` v` WELD COUN !1 6 ,c B� ��F COUNTY CLERK TO TH .�� i TONERS WELD C�`!�Vj COLORADO By: /,L�/ / i ►��.�i� %Tr:• . fey - Co ' ►`�!u� • ..e� Deputy Clerk �� Chair touglas ademac er AP" •V AS : CONT TOR: AUG 0 9 2010 /tom BY my Attorney tractor WELD COUNTY DEPARTMENT OF HUMAN RVICES By: .Grie o, hector 7 9D/D- /79/ PY-10-11-CORE-0182 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide family preservation or reunification services,through their Community Based Services-Child Protection Division,to families with children age birth to 12 years,as referred by the Department and who are in need of transitional services or family preservation services in order to prevent recidivism or placement. Services will include: a. Team Decision Making(TDM)—Family Group Conferences that involve extended family and kin. b. Treatment Support Meetings—Family-centered,strength-based monthly staffing process to include parents,extended family,CONTRACTOR,Department staff,GAL,and other involved professionals. The process is anchored in the Colorado Assessment Continuum and the focus is on protective concerns that need to be resolved to eliminate the need for Department involvement. A work plan is established with the team outlining specific goals to be accomplished,action steps,strengths,and time frames for completion. c. Therapeutic Supervised Visitation—CONTRACTOR will supervise visitation and work directly with parents to improve parenting skills,eliminate safety concerns and reduce the time the child is in out- of-home placement. d. Parenting Skills Development—Referred families will receive both group and individual instruction with an emphasis on alternatives to physical discipline,household management,consistent delivery of rules,consequences and rewards;and knowledge of developmental milestones and nutrition. 2. Goals and Objectives: a. Prevent child abuse and neglect by teaching parenting skills,eliminating safety concerns and reducing risk factors; b. Strengthen families so they may remain intact; c. Strengthen the family unit with in-home,family dictated services. 3. It is the goal of services that upon completion,referred families will possess the skills necessary to: a. Maintain their children in their home; b. Eliminate the need for Department or agency involvement; c. No longer abuse or neglect their children;and d. Improve the overall family functioning. 4. CONTRACTOR will provide 6.5 hours of service per week/referral; 1.5 hours of administration and 5.0 hours of direct face-to-face service to the referred family. 5. CONTRACTOR will provide 24-hour crisis intervention services to referred families. 6. CONTRACTOR will submit a report 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. 8 PY-10-11-CORE-0182 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 Core Services funding,not to exceed$20,000.00. 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,if Core Services funds,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 $1,600.00/Month(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0182 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,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-10-1 l-CORE-0182 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-10-11-CORE-0182 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-10-11-CORE-0182 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 0-1 l-CORE-0182 • 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 concems regarding any child with whom the provider is working. This should include concems 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 NEC 0-7 •ED PY-10-11-CORE-0147 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE This Agreement,made and entered into the day of 2010,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 Savio House,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 Multi-Systemic Therapy(MST)and Multi-Systemic Therapy-Problem Sexual Behavior(MST-PSB); 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 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. aoio— / 7r/ PY-10-11-CORE-0147 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-10-11-CORE-0147 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-10-11-CORE-0147 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-10-11-CORE-0147 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: David Bennett Director of Program Development 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 David Bennett,Director of Program Development P.O.Box A 325 King Street Greeley,CO 80632 Denver,CO 80219 (970)352-1551 (303)225-4202 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 0-11-CORE-0147 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-10-1 l-CORE-0147 IN WITNESS WHEREOF,the parties he - • .• e duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO J ` y;� ��1�'D OF COUNTY CLERK TI% E : , a v]>'MISSIONERS WELD ,COLORADO By: Deputy Cler Chair Doug as Rademacher APP AS TO FO CONT TOR. AUG 0 9 2010 _ BY bA4C- Co Attorney ontract WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Jud .Griego 'rector 7 o2 O/C- /29, PY-10-11-CORE-0147 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Multi-Systemic Therapy(MST)or Multi-Systemic Therapy for Problem Sexual Behaviors(MST-PSB)services to youth ages 12-21,and their families,as referred by the Department. 2. CONTRACTOR will provide MST and MST-PSB services in accordance with the National MST model and it's standards and guidelines. 3. MST is a short-term and goal-oriented treatment that specifically targets those factors in each youth's social network that are contributing to his or her antisocial behavior.MST interventions typically aim to improve caregiver discipline practices,enhance family affective relations,decrease youth association with deviant peers,increase youth association with prosocial peers,improve youth school or vocational performance, engage youth in prosocial recreational outlets,and develop an indigenous support network of extended family,neighbors,and friends to help caregivers achieve and maintain such changes.Specific treatment techniques used to facilitate these gains are integrated from those therapies that have the most empirical support,including cognitive behavioral,behavioral,and the pragmatic family therapies. Each family referred for MST will receive 6.5 to 10 hours of service per week for approximately 3-5 months. 4. MST-PSB is a specialized,comprehensive MST program designed to meet the needs of juvenile sex offenders reintegrating into the community. Emphasis is placed on aspects of the youth's ecology that specifically relate to the youth's sexual delinquuency and on the youth's peer relations so as to encourage age appropriate and normative sexual experiences. Each referred family referred for MST-PSB will receive 3-4 hours of service per week for approximately 6-8 months,with a focus on caregiver participation. MST- PSB does not utilzie group therapy. 5. CONTRACTOR will be available to referred families 24 hours per day/7 days per week via emergency pager or cell phone. 6. CONTRACTOR will submit monthly reports and billing for each active referral to the Core and Service Contract Coordinator. Reports will be submitted via the Department's online system unless otherwise directed by the Department. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-10-I l-CORE-0147 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$60,000.00. 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,if Core Services funds,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 $1,575.00/client/month(MST)(Pro-rated for any partial month of service) $2,537.00/client/month(MST-PSB)(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0147 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-10-11-CORE-0147 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. 1l PY-10-I 1-CORE-0147 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-10-11-CORE-0147 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 0-I l-CORE-0147 • 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 RECEOVE 10?/,ES,,O� PY-10-11-CORE-0162 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE This Agreement,made and entered into the day of 2010,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 Savio House,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(Sexual Abuse Intervention Program-SAI);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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 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. ao/o -i��; PY-10-11-CORE-0162 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 I.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 ct.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-10-11-CORE-0162 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-10-11-CORE-0162 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-10-11-CORE-0162 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: David Bennett Director of Program Development 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 David Bennett,Director of Program Development P.O.Box A 325 King Street Greeley,CO 80632 Denver-CO 80219 970)352-1551 (303)225-4202 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-10-11-CORE-0162 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-10-11-CORE-0162 IN WITNESS WHEREOF,the parties h-.. r W&: executed the Agreement as of the day,month,and year first above written. x }.:^/7 ATTEST: WELD CO '� `aril OF COUNTY CLERK TO T ISSIONERS WELD ` 4O •� COLORADO �� f '°l Iy By: �t///T� ��i�!r' �•y: dP AIL .il Deputy Clerk / Chair Dougl•s Rademacher Al 7D D AS T C CONT TOR: AUG 0 9 2010 BY Co tt ey Contractor WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: J y .Gri o, irector 7 aoio-/7 V PY-10-11-CORE-0162 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide individual offense specific therapy,family therapy and informed supervision training(if needed)to adolescent males and females,ages 14-20,who have committed a sexual offense,both adjudicated and non-adjudicated sexually reactive youth and youth with boundary issues and/or harassment behaviors,as referred by the Department. 2. CONTRACTOR targets youth who have identified caretakers who are willing to participate in the program and provide the necessary monitoring and supervision. 3. CONTRACTOR can also serve emancipating youth with problem sexual behaviors focusing on identifying high-risk situations,safety planning and relapse prevention,community and family support as youth reintegrate into the community and develop independent living skills. 4. The Sex Abuse Intervention(SAI)program works with youth with problem sexual behaviors in their homes and/or community to stop sexual abuse behavior and prevent its recurrence through monitoring, education and therapeutic intervention provided in the community. The program utilizes a high level of supervision and involvement and emphasizes community safety and client accountability at all times which assists in shortening placement stays and helps youth successfully and safely transition to their homes and families. Services include 7-8 hours of face-to-face contact per week,either in-home or in- community services,including Offense Specific Group Treatment time. This also includes one family session,one direct contact session,and community/school/employment checks,meetings,collateral activities,and administrative activities. 5. All SAI therapists receive training and supervision according to the Colorado Sex Offender Management Board(SOMB)Standards and all staff follow SOMB training and supervision guidelines. 6. CONTRACTOR can provide polygraph services when necessary and appropriate. The Department will pay for one(1)polygraph per year. 7. CONTRACTOR will submit a report on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department. 8. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-10-1 I-CORE-0162 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 Core Services funding,not to exceed$5,000.00. 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,if Core Services funds,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 $1,833.00/Month(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0162 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-10-11-CORE-0162 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 MI 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-10-11-CORE-0162 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 conceming 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-10-11-CORE-0162 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-10-11-CORE-0162 • 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 r—• r,rg7 ncn 77( '� PY-10-11-CORE-0193 �, es ��113�1 � ) CHILD PROTECTION AGREEMENT FOR SERVICES 9, BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVI6E5y_ AND SHILOH HOME, INC. ?6 This Agreement, made and entered into the day of 2010,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 Shiloh Home, 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;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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011, 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. ePOIC- i79 PY-10-11-CORE-0193 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-10-1 l-CORE-0193 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 SI 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-10-11-CORE-0193 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-10-11-CORE-0193 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: Steven Ramirez Chief Executive Officer 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 Steven Ramirez,Chief Executive Officer P.O.Box A 6400 W.Coal Mine Avenue Greeley,CO 80632 Littleton,CO 80123 (970)352-1551 (303)932-9599 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-10-I I-CORE-0193 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-10-1 I-CORE-0193 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. �a ATTEST: •t WELD CO kic ��,,� 'D OF COUNTY CLERK TO E : �� MISSIONERS WELD t.1 UN Y COLORADO By: �JJ///J. (I� �i � �' By: an 63C.Q2ITICP Akir- Deputy Clerk/ Chair Douglas ademacher AUG 0 9 2010 APP AS TO F CONTRALTO Lica BY esS Cou omeY Contrac or Steven E. Ramirez/CEO WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: J.d A.Gn-gu. lirector' 7 90/C-77S PY-10-11-CORE-0193 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide day treatment services to youth,ages 7-18 years of age,who are proficient in English,at the Littleton site, located at 6884 S. Marshall Street,and the Longmont site,located at 745 Highway 119,as referred by the Department. Services include: a. Development of a comprehensive services plan b. Educational,psychological and clinical assessment services c. Offense specific treatment services d. Individual (weekly),family(weekly),group(weekly)and milieu therapies(daily) e. Case management f. Academic curriculum credits transferable to public school g. Transportation to and from school(within a 15-mile radius) h. In-home services(as needed) i. Community activities j. Monthly progress review k. 24/7 on-call assistance I. Random urinalysis m. Transitional services to public school n. Summer program with an experiential program component o. Relapse prevention plan 2. Services arc specifically designed for those youth who demonstrate a pattem of maladaptive behaviors that interfere with their adaptive community functioning and who arc not at greater risk for out-of-home removal. 3. The program focuses on skills development where the youth recognizes their maladaptive behaviors and associated thinking errors,and where the use of greater repertoire of positive social skills and adaptive coping skills is supported. Newly acquired skills are practiced in the program,in group therapy with their family and in the community at large. 4. Group therapy occurs twice per week and individual therapy generally occurs once per week. 5. Progression through the program is assisted through a feedback system in which the youth's behavior and quality of work on phase projects in the program and at home is tied to program privileges. Additionally, positive progression is measured by successful completion of written and behavioral assignments, and the development of a relapse prevention plan. 6. Referred youth and adolescents with severely limited cognitive abilities(IQ below 70),ongoing medical issues that cannot be supervised/managed by staff,an inability or significantly impaired ability to understand and/or communicate in English,and those who are actively psychotic are generally not considered appropriate for this program. 7. CONTRACTOR administers program year round,minimum of six(6)hours per day, five days per week (excluding holidays and teacher in-service days). 8 PY-10-11-CORE-0193 8. CONTRACTOR has identified the following performance outcomes: a. Client will remain in the caregiver home or less restrictive setting after discharge. b. Client and caregivers will be linked to identified community resources(mental health,medical, dental, community support,etc.)prior to discharge. c. Caregivers will increase parenting competency as evidenced by pre and post test utilizing the MFG curriculum. d. Caregivers will demonstrate compliance with Informed Supervision Criteria(if applicable). 9. CONTRACTOR will submit a report on a monthly basis for each active referral. 10. CONTRACTOR will participate in team reviews of ongoing services as needed. 9 PY-I 0-11-CORE-0193 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 Core Services funding,not to exceed 55,000.00. Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement, arc not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,if Core Services funds,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 $1,546.00/Month(Pro-rated for any partial month of service) 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. Billings must be submitted with the attached required forms, Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report, unless otherwise agreed upon. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 10 PY-10-11-CORE-0193 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-10-I I-CORE-0193 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-10-I l-CORE-0193 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. 13 PY-10-I l-CORE-0193 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 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 arc 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-10-11-CORE-0193 • 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-10-I I-CORE-0177 ' CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN COUNTY SERVIL`ES� AND SIONNACH COUNSELING SERVICES,LLC 20 0/11. S9 This Agreement, made and entered into the day of 2010, 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 Sionnach Counseling Services, 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: I. Term This Agreement shall become effective on June 1,2010, upon proper execution of this Agreement and shall expire May 31,2011, 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 monthlybill 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 monthlybillings to the Department by the 7t°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/0—/79/ • PY-10-11-CORE-0177 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 conformto 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-10-11-CORE-0177 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 rightto file a complaint either with the Colorado Department of Human Services or with theU.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 wdl 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 Commissicners 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 notbe 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 60days prior notice by certified mail to Weld County. 3 PY-10-1 1-CORE-0177 c. Automobile Liability(Minimum) for any Controctor 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. Subpoena CONTRACTOR will, on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attomey's Office by facsimile and will return a waver 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-10-1 1-CORE-0177 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for these 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 orsubstitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: John Gray,M.A.,LPC Sole Proprietor 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 John Gray,M.A., LPC P.O. Box A 1136 E. Stuart Bldg. 2, Ste.2240 Greeley,CO 80632 Fort Collins,CO 80521 (970)352-1551 (970)215-5563 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-10-11-CORE-0177 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-10-11-CORE-0177 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD COUN 11it :' � OF COUNTY CLERK TOT SSIONERS WELD : 1• COLORADO i fig it By: Deputy Cler �� r aid--462 u las ademacher APPR AS TO F • CONTRAC OR: AUG O q 2010 BY Co mey Con a WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: Ju y .Grieg , hector 7 dC/o-/79/ • PY-10-I l-CORE-0177 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide consultation services for foster children and youth residing in Weld County foster homes. 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, which could potentially disrupt placements. 3. Interventions will be clinical and/or psychoeducational in nature and will aim to target issues including, but not limited to,the following: a. Fine tune solutions: Solution-focused in working with challenging situations b. Developmental appropriateness of expectations c. Social skills education d. Power struggles e. Collaborative work with difficult teens f. What to do when consequences don't work g. De-escalation of anger h. Facilitating structure/respect Behavior modification 5. CONTRACTOR will follow up with referred foster family within 48 hours of receiving a referral and will document efforts to engage foster family in referral services. 6. 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. 7. 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. 8. 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. 9. CONTRACTOR will document in detail any and all observed or verbalized concems 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 orbehavioral issues. Areas of concern should be reported immediately AND on the required manhly report. 10. CONTRACTOR will submit monthly reports and billing for each active referral to the Core and Service Contract Coordinator. Reports will be submitted via the Department's online system unless otherwise directed by the Department. 11. CONTRACTOR will participate in case staffings. A reimbursable staffing is&fined as a face-to-face staffing lasting more than 15 minutes that includes the caseworker and ether professionals involved in the case. Case discussions via phone and/or discussions involving onlythe caseworker will not be considered for reimbursement. 12. CONTRACTOR will participate in monthly team reviews of ongoing services as needed. 8 PY-10-1 1-CORE-0177 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 Core Services funding,not to exceed $15,000.00. 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, if Core Services funds,whether in whde 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 $90.00/Hour(Foster Parent Consultation- Face-to-face Contact) $100.00/Hour(Case Staffing-as defined in Exhibit A) $100.00/Hour(Court Testimony/Court Facilitation/Court 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 pursuatt to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7ih 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement, Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0177 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 intothis 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 complywith 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 un hr 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 bepending,or until an audit has been completed with the following qualifications: [fan 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 FY-I0-II-CORE-0177 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 itsrights 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 fraid 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-10-11-CORE-0177 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-10-11-CORE-0177 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 wdl-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 pessible 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 dsk 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 livingsituations. 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 forthe 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 theservice may assist in achieving the goal. 13 PY-10-1 l-CORE-0177 • 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 aea should be made, in the providers' opinion. • Providers should continually assess family relationships (larentichild, sibling/sibling,extended family/child, etc.)and should report any concerning relationship issues which may be a bwrier 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 mdce 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-10-11-CPS-0110 J ll CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SER)ES AND SIONNACH COUNSELING SERVICES, LLC jilt ,O �M . S9 This Agreement, made and entered into the day of 2010, 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 Sionnach Counseling Services, 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 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 monthlybillings to the Department by the 76 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. 1 ci?O/O-/2y/ PY-10-II-CPS-0110 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 Syndrane(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-10-II-CPS-0110 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 rightto file a complaint either with the Colorado Department of Human Services or with theU.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 wdl 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 Commissimers 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 notbe 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-10-11-CPS-0110 c. Automobile Liability(Minimum) for any Contrxtor 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 waver 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-10-11-CPS-0110 a. Withhold payment to CONTRACTOR until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for these 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 timeto time designate in writing a new orsubstitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: John Gray,M.A., LPC Sole Proprietor 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 totime 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 John Gray, M.A., LPC P.O.Box A 1136 E. Stuart Bldg. 2, Ste.2240 Greeley,CO 80632 Fort Collins, CO 80521 (970)352-1551 (970)215-5563 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 ary 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-10-11-CPS-0110 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-10-11-CPS-0110 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. •��1 La S ; . ATTEST: WE CLELD RKC OUN s61T . B� L lS Y DISOF COUNTY RS WELD i CO 4 T COLORADO By: l_6 r i1r� • t;' 4L Deputy Clerk � air ouglas ademac er AUG 9 2010 APP AST • CONTRACTS i.• BY 0 Cou Attorney Co /a to WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: d A. Grieg Director ' 7 &JO - / 79/ PY-10-11-CPS-0110 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will coordinate and facilitate specialized conferences(trainings)every three months, follow up supervision/training for Weld County foster and group home parents, and facilitate foster home milieu process groups 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 foster and group home parents, caseworkers, foster care coordinators and other service providers to identify and address training needs. 3. CONTRACTOR will work with Department staff to identify topics to be addressed based on the current needs of the foster and group home parents and the needs of the children in those homes. Potential topics may include, but are not limited to,the following: a. Reactive Attachment issues b. Gang involvement c. Soiling d. Issues with authority e. Teaching family skills f Effective praise g. De-escalation of anger h. Pre-escalation assessment i. Behavior modification 4. CONTRACTOR will follow up with individualized supervision/training in each referred home following a conference to allow foster and group home parents to ask additional questions pertinent to the application of the conference information in their specific hone. 5. All trainings will incorporate handouts, assessment tools, quizzes,etc.,tailored to the identified needs of the foster and group home parents. 6. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding the need for additional training or other services in specific Weld County homes. 7. CONTRACTOR will submit hard copy reports on a monthly basis for each active referral. 8. CONTRACTOR will participate in case staffings. A reimbursable staffing is&fined as a face-to-face staffing lasting more than 15 minutes that includes the caseworker and ether professionals involved in the case. Case discussions via phone and/or discussions involving only the caseworker will not be considered for reimbursement. 9. CONTRACTOR will participate in monthly team reviews of ongoing services as needed. 8 PY-10-11-CPS-0110 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 Child Welfare Administration funding, not to exceed $10,000.00. 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, if Child Welfare Administration funds,whether in whde 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 terminatethis Contract or amend it accordingly. 2. Fees for Services $90.00/Hour(Training- Face-to-face Contact within Greeley Metro Area; including Evans, LaSalle, Eaton and Windsor.) $110.00/Hour(Training-Face-to-face contact outside of Greeley Metro Area; including Lochbuie, Frederick, and Hudson.) $100.00/Hour(Court Testimony/Facilitation/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 pursuau to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7t°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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement, Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety, proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CPS-0110 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 ofCONTRACTOR-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 theparties 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 complywith 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 al 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-10-11-CPS-0110 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 ofthe 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 complywith 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 fraid 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 bya 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-10-11-CPS-0110 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 orwritten 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-10-11-CPS-0110 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 toachieve 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 wdl-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 livingsituations. 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 forthe 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-10-11-CPS-0110 • Providers should continually provide recommendations about whether any ouEof-home placement continues to be appropriate and should make recommendations regarding when changes in this a-ea 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 ongoingservices 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-10-11-CORE-0178 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICQ�7 AND SIONNACH COUNSELING SERVICES,LLC ✓c7 0 Qy : s This Agreement, made and entered into the day of 2010, by and between the Board of 9 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 Sionnach Counseling Services, 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 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 1,2010, upon proper execution of this Agreement and shall expire May 31,2011,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. / 79 PY-10-11-CORE-0178 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 Syndrane(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-10-I l-CORE-0178 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 rightto file a complaint either with the Colorado Department of Human Services or with theU.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 Commissimers 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 notbe 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-10-I I-CORE-0178 c. Automobile Liability(Minimum)for any Contrxtor 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 he 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 retum awaiver 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 otherreasonable procedures. All such monitoring shall be performed in a manner that will not unduly inter€re 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-10-11-CORE-0178 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 writitg a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: John Gray,M.A., LPC Sole Proprietor 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 totime 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 John Gray, M.A.,LPC P.O. Box A 1136 E.Stuart Bldg. 2, Ste. 2240 Greeley, CO 80632 Fort Collins,CO 80521 (970)352-1551 (970)2l5-5563 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 aiy 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-10-11-CORE-0178 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 notbe changed or modified except as stated in Paragraph 14 herein. 6 PY-10-11-CORE-0178 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: r 9 ,.t. �-` WELD CO ,Yi Qv1 'DOFCOUNTY CLERK TO E MISSIONERS WELD T ,COLOR By: Y: ClUr Deputy Cle hair Dougla Rademacher AUG 0 9 2010 APP AS TO • ACONTRAC 'S ': BY �� i � - 10.-1Q? Co Attorney Con tor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju . Grie hector 7 v7O/O- /79/ PY-l 0-1 I-CORE-0178 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide mental health services to individual children residing in Weld County foster homes as referred by the Department. Services will occur in the child's current foster home. 2. CONTRACTOR will follow up with child's foster family within 48 hours of receiving a referral and will document efforts to engage client in referred services. 3. CONTRACTOR is certified in Eye Movement Desensitization and Reprocessing(EMDR). 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, anotional,educational or behavioral issues. Areas of concem should be reported immediately AND on the required monthly report. 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 case staffings. A reimbursable staffing is defined as a face-to-face staffing lasting more than 15 minutes that includes the caseworker and other professionals involved in the case. Case discussions via phone and/or discussions involving only the caseworker will not be considered for reimbursement, 8. CONTRACTOR will participate in monthly team reviews of ongoing services as needed. 8 PY-10-1 I-CORE-0178 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 Core Services funding,not to exceed $5,000.00. 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, if Core Services funds, whether in whde 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 $90.00/Hour(Individual Therapy- Face-to-face Contact) $100.00/Hour(Case Staffing-as defined in Exhibit A) $100.00/Hour(Court Testimony/Court Facilitation/Court 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 itmized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuit to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 7ih 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services, Request for Reimbursement, Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-I I-CORE-0 178 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 ofWeld 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 theparties 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 potions. The parties hereto declare that they would have entered intothis 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 ai audit has been completed with the following qualifications: 'fan 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-l 0-11-CORE-0178 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 ofthe 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 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 fraid 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-10-I I-CORE-0178 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 orwritten 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-10-11-CORE-0178 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 astandard 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 possibleand appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing fanilies. 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 livingsituations. 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 forthe 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 A PY-I 0-11-CORE-0178 • 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 abarrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may berequired 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 andmake 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 • iii C 7/241UJ PY-10-1 I-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 2010,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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 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 (9O/0 -/79/ PY-10-11-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—I et.seq.and its implementing regulation,45 C.F.R.Part 80 el.sew 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-10-1 l-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 11.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-10-1 l-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. 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-10-11-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 (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-10-11-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-10-11-CORE-0118 IN WITNESS WHEREOF,the parties uy my executed the Agreement as of the day,month,and year first above written. iC q a - s/b ATTEST: WELD CO ' J. Sc .: •rU OF COUNTY CLERK TO ISSIONERS WELD rt f T , OLO By: % :A�1I ®�� y: 1x.7 120 'tar Deputy / Chair (Dougla Rademacher AUG O 9 2010 AP AST CONTRA - BY L.C.5v>f Co trac WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: Ju .Griego, hector 7 &o/o- / 79, PY-10-11-CORE-0118 EXHIBIT A SCOPE OF SERVICES I. 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 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 submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department. 9. CONTRACTOR will participate in team reviews of ongoing services as requested. 8 PY-10-11-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 Core Services funding,not to exceed$13,000.00. 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,if Core Services funds,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 and Emergency Phone Individual Consultation) $100.00/Hour(Court Preparation and Court 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0118 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-10-11-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 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-10-1I-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(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-I 0-1 I-CORE-0l 18 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-10-11-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 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-10-I1-CPS-0096 D r; 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 2010,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 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 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. aoio- / 79/ PY-10-11-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-10-11-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 utiliml 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-10-11-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. 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-10-11-CPS-0096 a. Withhold payment to CONTRACTOR until the nemcsary 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 (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-10-11-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-10-11-CPS-0096 IN WITNESS WHEREOF,the parties hereto ..ve duly executed the Aga anent as of the day,month,and year first above written. J♦ ATTEST: �• �� WELD CO OF COUNTY CLERK TO T B I ' • t SSIONERS WELD r --.3►,- �� OLORADO By: Deputy Clerk Chair louglas Rademacher • CONTRA AUG 0 9 2010 BY • C Attorney C iracto WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Judy Griego,D' or 7 ozoo- /79/ PY-10-11-CPS-0096 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide training for Department foster families. Training includes Core Foster Parent Training for Department foster home applicants(as scheduled by the Department)and monthly Foster Parent Education Groups. The goal of the program is to enhance and improve the quality of care being provided to the Department's children and youth. 2. 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. 3. CONTRACTOR will obtain prior approval from the Department for any other training other than Core Foster Parent Training(as scheduled by the Department). 4. CONTRACTOR will provide Core Foster Parent Training per the agreed upon schedule below: June 18, 19,25 and 26 August 13, 14,27 and 28 December 3,4, 10 and 11 - March 25-26 and April 8-9 5. 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. 6. CONTRACTOR will assess foster families abilities and capacity on an ongoing basis to appropriately care for the foster children in their home and mepurt this information to the Department. 7. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding the need for additional services in a specific Weld County home. 8. 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-10-11-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 Child Welfare Administration funding,not to exceed$45,000.00. 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,if Child Welfare Administration funds,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 $3,600.00/Episode(Core Foster Parent Training-Inclusive rate regardless of the number of participants) $810.00/Episode(Flat rate per training for interpretive services if needed) $60.00/Person(Foster Parent Education) $100.00/Hour(Court 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 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-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-10-11-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-10-11-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(2x6). 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-10-11-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-10-11-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 , " PY-10-11-CORE-0199 Ili 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 2010,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 Home Based Services;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,2010,upon proper execution of this Agreement and shall expire May 31,2011,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 ao/o/79/ • PY-10-I 1-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 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-10-11-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-10-11-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-10-11-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 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 (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-10-11-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-10-11-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 I.,,(: �+,. F COUNTY RKOi E : }(': ��AS�`rye ISOSIONRSWELD OLORADO By: 0(9c4 C!2 WjC{atr- Deputy Clerk ��.j�� Chair /Doug la Rademacher APP AS CONTRAC AUG D 9 2010 BY (-)C Coun om Coptac WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: J y .Grieg , 'rector 7 ao/o- /29/ PY-10-11-CORE-0199 EXHIBIT A SCOPE OF SERVICES 1. 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 p..0 inanency 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 follow up with referred foster family within 48 hours of receiving referral and will document efforts to engage foster family in referred services. 5. 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. 6. 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. 7. 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. 8. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child /youth 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 tepurts 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 requested. 8 PY-10-11-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 Core Services funding,not to exceed$5,000.00. 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,if Core Services funds,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) $50.00/Hour(Court 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-CORE-0199 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-10-11-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-10-11-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 arrrss 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-1 0-I I-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 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-10-11-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 T 010 PY-10-11-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 2010,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: 1. Term This Agreement shall become effective on June 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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. 1 o�0ll� -/7y/ PY-10-11-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.sew 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-10-11-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). 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-10-11-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 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 CON'I'RACTOR. 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-10-11-HS-0043 a. Withhold payment to CONTRACTOR until the necessary services or con«,tions 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 68's 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-10-11-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-I0-11-HS-0043 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. L I',1 ATTEST: ` �'v� WELD COUNT a? .: � �F COUNTY CLERK TOT Cl•I' ; r4, e'a ,IONERSWELD �'� " .. C•�N�i' COLORADO A ' dr- By: /L/L,/_ d �IIL�e! F/ 1y: iii B � r ' u !" Deputy Clerk / �. ' �� hair louglas 'ade RUbeu92010 AP V AS TO CONTRACTOR: BY Co A omey C n r WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju .Crtiego, hector 7 ao/U- /79/ PY-10-11-HS-0043 EXHIBIT A SCOPE OF SERVICES L 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-10-11-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 Child Welfare Administration funding,not to exceed$45,000.00. 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,if Child Welfare Administration funds,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 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result 9 PY-10.11-FIS-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 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-10-11-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. 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-I0-11-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,intemal 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 curd 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(2x6). 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-10-11-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-1 0-1 I-HS-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 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 OW/ PY-10-1 I-CORE-0131 ✓(� /p CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES 12 AND W.TROY HAUSE-ATTORNEY AT LAW • /' This Agreement,made and entered into the day of 2010,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: Term This Agreement shall become effective on June 1,2010, upon proper execution of this Agreement and shall expire May 31,2011,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 T"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 do/o— /7S/ PY-10-11-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 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-10-11-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. 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-10-11-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-I0-1 I-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 11th 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-10-11-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-10-11-CORE-0131 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. fa ATTEST: I f* p_�+ WELD CO "m `;c S�g 'DOFCOUNTY CLERK T• -HE : ,K'^ r SSIONERS WELD I r 2s1 By: I//i/ ►�' _ *COS let L Deputy Clerk / Chair Dougla Radem pheo 9 201 A O D AS T • CONTRACTOR/; UUbb BY Co tto ey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Jud. A sego, I rector f 7 ac/D -/79/ PY-10-I I-CORE-0131 EXHIBIT A SCOPE OF SERVICES I. 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. 8 PY-10-I l-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 Core Services funding,not to exceed$10,000.00. 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, if Core Services funds,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. Billings must be submitted with the attached required forms, Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety, proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-11-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-10-I I-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. I1 PY-10-I 1-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)(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-10-11-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-10-l l-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 a MCg, FlILO- PY-10-11-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 2010,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 agree as follows: 1. Term This Agreement shall become effective on June 1,2010,upon proper execution of this Agreement and shall expire May 31,2011,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/O-/Y9, PY-10-11-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 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-10-1 I-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 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-10-11-HS-0044 e. 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-10-11-HS-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 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 Helene Wurth,BSW P.O.Box A 4306 Beaver Creek Drive Greeley,CO 80632 Fort Collins,CO 80526 (970)352-1551 (970)226-2692 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-10-11-HS-0044 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-10-11-HS-0044 IN WITNESS WHEREOF,the parties hereto lie duly executed the Agreement as of the day,month,and year first above written. ' • ♦ ` ' `_' / ATTEST: ' D COUN IS' '861 . --.::r e,/'A' i'•F COUNTY CLERK TOT rC BO SIONERS WELD ;.. i•�I OLORADO ('.C• By: �/I �' i' �il�y�i_•a<�i'` ` '' ►— 11..1 �:I!i tl/��_ Deputy Clerk Chair ouglas Rademacher APP D AS TO FO . CONTRA/C��j n AUG 0 9 2010 .c BY l• ye- "�'C}�. Co Attorney Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By J dy '.Oriego, 'rector 7 &C/0- /79/ PY-10-11-HS-0044 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home study and relinquishment counseling services for families referred by the Department. 2. 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. 3. CONTRACTOR will complete a Department of Motor Vehicle background check. All CBI,FBI and LexisNexis background check information will be completed by the Department. 4. 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. 5. 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. 6. 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-10-11-HS-0044 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 Child Welfare Administration funding,not to exceed$15,000.00. 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, if Child Welfare Administration funds,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(Home study cancelled by Human Services) $100.00/Hour(Relinquishment Counseling) $75.00/Hour(Court Preparation and Testimony) $35.00/Hour(Interpretive 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. Billings must be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client signatures or the test result. 9 PY-10-I 1-HS-0044 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-10-11-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. 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-10-11-HS-0044 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-10-11-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 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-10-11-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 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 maybe 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 Hello