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Home My WebLink About20100852.tiff RESOLUTION RE: APPROVE TWO CHILD PROTECTION AGREEMENTS FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - FAMILY MATTERS OF COLORADO, LLC 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 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 provider listed below, commencing March 15, 2010, and ending May 31, 2010, with further terms and conditions being as stated in said agreements, and 1. Family Matters of Colorado, LLC (Lifeskills) 2. Family Matters of Colorado, LLC (Mental Health Services) 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 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 above be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. CC' Os I 2010-0852 HR0081 TWO CHILD PROTECTION AGREEMENTS FOR SERVICES - FAMILY MATTERS OF COLORADO, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D., 2010, nunc pro tunc March 15, 2010. BOARD OF COUNTY COMMISSIONERS r� y WELD COUNTY, COLORADO ATTEST: : .)' . .t►> ' �- •_��. .�_ i taougl Rademac her, Chair Weld County Clerk to the'; �, t4 A s-rbara Kirkmeyer, Pry-Tem Depu S Jerk t. t' e Board Sean P. Con AP D RM: / s lis arcs • Attorney EXCUSED David E. Long Date of signature: 511oll0 2010-0852 HR0081 MEMORANDUM filt,it DATE: April 22, 2010 mikTO: Douglas Rademacher, Chair, Board of Cou ty Commis' ne FROM: Judy A. Griego, Director, Human Services epartme t COLORADO RE: Child Protection Agreements for Service b tween the Weld County Department of Human Services and Family Matters of Colorado, LLC Enclosed for Board approval are Child Protection Agreements for Services between the Department and Family Matters of Colorado, LLC. These Agreements were presented at the Board's April 5, 2010, Work Session. The major provisions of these Agreements are as follows: No. _ Provider/Term Program/Funding Rates 1 Family Matters of Colorado, LLC Lifeskills $45.00/hour(Treatment Pkg 1 - Safe Exchange March 15, 2010 - May 31, 2010 Core within a 30 mile or less radius of Fort Lupton) $75.00/hour (Treatment Pkg 2 - Safe Exchange with transportation outside a 30 mile radius of Fort Lupton) $75.00/hour ((Treatment Pkg I - Monitored/ Supervised visitation within a 30 mile or less radius of Fort Lupton) $105.00/hour (Treatment Pkg 2 - Monitored/ Supervised visitation with transportation outside a 30 mile radius of Fort Lupton) $110.00/hour(Treatment Pkg 1 - Therapeutic visitation within a 30 mile or less radius of Fort Lupton) $140.00/hour (Treatment 2010-0852 Pkg 2 - Therapeutic visitation with transportation outside a 30 mile radius of Fort Lupton) $150.00 (Court Testimony including court prep) Max. $25,000.00 2 Family Matters of Colorado, LLC Mental Health $110.00/hour((Treatment Pkg 1 - Individual, Couples March 15, 2O1O—May 31, 2010 Core or Family Therapy within a 30 mile or less radius of Fort Lupton) $140.00/hour(Treatment Pkg 2 - Individual, Couples or Family Therapy with transportation outside a 30 mile radius of Fort Lupton) $150.00 (Court Testimony including court prep) Max. $25,000.00 If you have any questions, give me a call at extension 6510. uD PY-09-I 0-CORE-0198 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND FAMILY MATTERS OF COLORADO, LLC 1;2This Agreement,made and entered into the 1,_/day of (i I 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 I luman Services has provided Core Services funding to the Department for Lifeskills(Safe Exchanges,Monitored Visitation,Supervised Visitation,Therapeutic Visitation);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Term This Agreement shall become effective on March 15,2010,upon proper execution of this Agreement and shall expire May 31,2010,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. &©/D -as:2 PY-09-10-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: laic 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.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 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-09-I 0-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 I luman 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$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-09-10-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. 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. 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. 13. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 14. 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 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; 4 PY-09-10-CORE-0198 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. 15. 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 16. 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 2""Street Greeley.CO 80632 Fort Lupton,CO 80621 (970)352-1551 (970)576-2906 17. 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 lumen Services Director. The term"litigation"includes an assignment for the benefit of creditors.and filings in bankruptcy,reorganization and/or foreclosure. 18. 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. 19. 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. 5 PY-09-10-CORE-0198 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. �! E � • � r S ES �` UNTYIt BOARD OF COUNTY 1 1861 zj �l,€ :•K_3 THE BOARD COMMISSIONERS WELD = COUN Y,COLORADO 4P ° -r.f' ' Chair /Douglas l&ademacher ♦_ 04/26/2010 V 'r AS ft i' CONTRACTOR: ,/,/,( /� )� �/ B Y )6Le _" ' 1, )U /[ ' A omey Contractor WELD COUNTY DEPARTMENT OF HUMAN SE VICES By Jud A.Griego,D ector 6 aoio - o85 PY-09-10-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 2nd 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 concern 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 starlings and Corc Review Team. 7 PY-09-10-CORE-0198 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$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 $45.00/I Tour(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/I lour(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/I lour(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/I lour(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. 8 PY-09-10-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 9 PY-09-10-CORE-0198 have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 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. I1. 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 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. 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 10 PY-09-10-CORE-0198 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 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. 11 PY-09-10-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. 12 PY-09-10-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 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 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. 13 ' \/' ` _`) 1 ��. ��J u n PY-09-I 0-CORE-0 197 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 13 day of (1 I 2010,by and between the Board of Weld County Commissioners,sitting as the Board of Human Servie s,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Family Matters of Colorado,LI,C,hereinafter referred to as"Contractor". W ITNESSETI I WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Health Services(Individual,Couples and Family Therapy);and NOW THEREFORE.in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on March 15,2010,upon proper execution of this Agreement and shall expire May 31,2010,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 he 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°i 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-09-I0-CORE-0197 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C.which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. this includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—I et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq.;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794.and its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and - the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.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-09-10-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. 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-09-10-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. 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. 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. 13. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 14. 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 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; 4 PY-09-10-CORE-0197 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. 15. 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 16. 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 2"d Street Greeley,CO 80632 Fort Lupton,CO 80621 (970)352-1551 (970)576-2906 17. 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. 18. 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. 19. 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. 5 PY-09-10-CORE-0197 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. SE L D COUNTY BOARD OF COUNTY K TO THE BOARD COMMISSIONERS WELD t ^-k COUNTY,COLORADO i7 By: ` � I air D uglas R demacher, '. 04/26/2010 CONTRACTOR: ISt-each, thy Atto ey Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju Grie hector 6 doily-OcF5c PY-09-10-CORE-0197 EXHIBIT A SCOPE OF SERVICES I. 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"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. 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 lifeeycle,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. 7 PY-09-10-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$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 Corc 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 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. 8 PY-09-10-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. 9 PY-09-10-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 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 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 10 PY-09-10-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 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(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. 11 PY-09-10-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 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 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 arc 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. 12 PY-09-10-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 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. 13 Hello