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Home My WebLink About20091278.tiffRESOLUTION RE: APPROVE FORTY-SEVEN 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-seven 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, 2009, and ending May 31, 2010, 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-seven 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 3rd day of June, A.D., 2009, nunc pro tunc June 1, 2009. ATTEST: Weld County Clerk to the Boa BY. Deputy 2kato the Board APPROVED AS TO FORM: y Attorhy A`) - Date of signature /9/o BOARD OF E EXCUSED TY COMMISSIONERS LORADO Rademac er, Pro-Tem Bar Is Kirkmeyer .}), --,==.4.,y ong David E. L IC 2009-1278 OW/ o /e— 9 HR0080 MEMORANDUM t*.j. DATE: June 1, 2009 WIlDWilliam F. Garcia, Chair, Board of County Commissioners M: Judy A. Griego, Director, Human Services Department COLORADO RE: Child Protection Agreements between the Weld County Department of I [Liman Services and Various Providers Enclosed for Board approval are Child Protection Agreements between the Weld County Department of Human Services and Various Providers. These Agreements were presented at the Board's April 27, 2009, Work Session. Below are the major provisions of the attached Agreements: Provider/Term Program Area/Funding Source PY09-10 Rate(s) Ackerman and Associates, PC 06/01/2009-05/31/2010 Mediation Core $110.00/Hr $35.00/Hr (Interpretive Services) $110.00/Hr (Court Staffing and Testimony) Max. $20,000.00 Ackerman and Associates, PC 06/01/2009-05/31/2010 Mental Health Services Core $110.00/Hr $35.00/Hr (Interpretive Services) $110.00/Hr (Court Staffing and Testimony) Max. $10,000.00 Ackerman and Associates, PC 06/01/2009-05/31/2010 Sex Abuse Treatment Core $110.00/Hr $35.00/Hr (Interpretive Services) $110.00/Hr (Court Staffing and Testimony) Max. $20,000.00 Alternative Homes for Youth, Inc. 06/01/2009-05/31/2010 Day Treatment Core $63.48/Day (Medicaid -eligible Youth) $78.48/Day (Non -Medicaid eligible Youth) $23.58/Day (Regular Education Rate) $38.07/Day (Special Education Rate) Max. $20,000.00 EXHIBIT 2009-1278 Alternative Homes for Youth, Inc. 06/01/2009-05/31/2010 Mental Health Services Core $35.00/PP/Grp (Outpatient Offense Specific Group) $35.00/PP/Grp (Art Therapy Group) $35.00/PP/Grp Relationships Group) $35.00/PP/Grp (Substance Abuse Group) $60.00/Sess. (Eye Movement Desensitization and Reprocessing (EMDR)) $50.00/PP or $75.00/Cpl (Informed Supervision and Teaching Healthy Sexuality for Parents) $26.00/Hour (Mentoring) $60.00/Hr (Individual Therapy) $60.00/Hr (Family Therapy) Max. 20,000.00 Barry Lindstrom, Ph.D., LLC 06/01/2009-05/31/2010 Mental Health Services Core $325.00/Hr (MHA, Psych Eval, Interactional) $125.00/Hr (Ind. Therapy w/ Ph.D.) $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. 150,000.00 Barry Lindstrom, Ph.D., LLC 06/01/2009-05/31/2010 Consultation/ Training CW Admin $150.00/Hr (Case Consultation) $125.00/Hr (Clinical/Educational Staffings w/ Ph.D.) $75.00/Hr (Clinical/Educational Staffings -M.S.) $350.00/Hr (Training) Max. $10,000.00 Calle, LPC, Luis Guillermo 06/01/2009-05/31/2010 Anger Management CW Admin $50.00/Group (Group Therapy) $80.00/Episode (Individual Therapy) $125.00/Episode (Intake) $850.00/Episode (Evaluation) Max. $5,000.00 Calle, LPC, Luis Guillermo 06/01/2009-05/31/2010 Mental Health Services Core $90.00/Episode (Individual, Couples or Family Therapy) Max. $5,000.00 Calle, LPC, Luis Guillermo 06/01/2009-05/31/2010 Sex Abuse Treatment Core $850.00/Episode (Evaluation) $50.00/Episode (Group Therapy) $90.00/Episode (Individual or Family Therapy) $90.00/Episode (Informed Supervision Training, up to 5 sessions) Max. $8,000.00 Chase Home Studies Home Study/ $950.00 (Full HS) Relinquishment $500.00 (Update HS) 06/01/2009-05/31/2010 Counseling $100.00 (Add. rate per adult over 2 adults) $200.00 (Add. rate for bilingual HS) CW Admin $300.00 (Relinquishment) $100.00 (Add. Rate for bilingual Relinquishment) $ .50 (Per mile outside Weld county) Max. $15,000.00 Child Advocacy Resource Lifeskills $73.53/Hr (HBPC) and Education $80.28/Hr (Inter. Visitation) Core $43.43/Hr (Safe Exchange, Mon. Visitation) 06/01/2009-05/31/2010 $34.80/Hr (Transportation) $50.00/Hr (Court Testimony) Max. $175,000.00 Compliance Administrative Services (CAS) 06/01/2009-05/31/2010 Monitored Sobriety CW Admin $13.00/Episode (Instant UA) $25.00/Episode (Instant UA Confirmation) $16.00/Episode (Standard Lab Test) $48.50/Episode (Club Drug Panel) $90.00/Episode (Hair Test) $40.00/Episode (Ethyl Glucuronide Test - EtG) $2.00/Episode (BA) $2.00/Episode (BA Confirmation) $37.50/Episode (Swab/Saliva Test) $75.00/Hr (Court Testimony) Max. $85,000.00 Dynamic Family Design 06/01/2009-05/31/2010 Home Study/ Relinquishment Counseling CW Admin $970.00 (Full HS) $225.00 (Ea. Add. Adult) $485.00 (Update HS) $48.50 (Hrly Rate after 4 hrs of service) $200.00 (Cancelled HS/1-4 hrs of service) $50.00 (Mileage - HS outside Weld) $75.00 (Court Testimony - 1 hr) Max. $35,000.00 Dynamic Family Design 06/01/2009-05/31/2010 Home -Based Services Core $300.00/Episode (FPFC Compatibility Evaluation) $75.00/Hr (Hourly rate for service if cancelled before completed) $15.00/Episode (Flat rate for mileage for referrals outside Weld) $75.00/Hr (Court Testimony, 1 hr min.) Max. $25,000.00 Greeley Counseling Center, P.C. (Gardner) 06/01/2009-05/31/2010 Mental Health Services Core $1,400.00/Episode (Psych Eval - In -office) $1,700.00/Episode (Psych Eval - Out -of -Office) $1,200.00/Episode (Parental Fitness Evaluation) $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. $50,000.00 Greeley Counseling Center, P.C. (Gardner) 06/01/2009-05/31/2010 Consultation/ Training CW Admin $120.00/Hr (Consultation) $1,900.00/Day (Training) Max. $10,000.00 IDEA Forum, Inc. 06/01/2009-05/31/2010 Monitored Sobriety CW Admin $15.00/Episode (Urinalysis) $35.00/Episode (Urinalysis EtG) $6.00/Week (Breathalyzer, 1-3/Week) $10.00/Week (Breathalyzer, Daily) $50.00/Month (Antabuse w/o Treatment) Max. $20,000.00 Individual and Group Therapy Services 06/01/2009-05/31/2010 Anger/DV CW Admin $575.00 (Anger or DV Eval. - In office) $625.00 (Anger or DV Eval. - Out of office) $200.00 (MMPI-II w/ written report) $65.00/Hr (Ind./Cpl./Fam. Therapy) $35.00 (Group) $100.00/Hr (Court Facilitation/Staffing/ Testimony) Max. $10,000.00 Individual and Group Therapy Services 06/01/2009-05/31/2010 Mental Health Services Core $575.00 (MHA - In office) $625.00 (MHA - Out of office) $200.00 (MMPI-II w/ written report) $65.00/Hr (Ind./Cpl./Fam. Therapy) $100.00/Hr (Court Facilitation/Staffing/ Testimony) Max. $10,000.00 Individual and Group Therapy Services 06/01/2009-05/31/2010 Sex Abuse Treatment Core $900.00 (Eval w/ PPG - In office) $1,150.00 (Eval w/ PPG - Out of offce) $700.00 (Eval w/o PPG) $250.00 (PPG) $250.00 (Polygraph - Sex History) $225.00 (Polygraph - Maintenance) $65.00 (Arousal Management) $65.00 (Intake) $65.00/Hr (Ind./Fam./Cpl Therapy) $35.00 (Phase I, 3 or 4 Adult Group) $40.00 (Phase 2 Adult Group) $35.00 (Chaperone Group - 2 people) $52.50 (Informed Supervision - JSO ONLY - 3 hr) $65.00/Hr (Family Reunification) $100.00/Hr (Court Facilitation/Staffing) Max. $10,000.00 Jubilee Retreat Center 06/01/2009-05/31/2010 Foster Parent Consultation Core $95.00/Hr Max. $15,000.00 Jubilee Retreat Center 06/01/2009-05/31/2010 Foster Parent Training CW Admin $3,995.00/Training $58.00/PP (Foster Parent Education Group) Max. $65,000.00 Jubilee Retreat Center 06/01/2009-05/31/2010 Lifeskills Core $95.00/Hr $125.00/Hr (Court Facilitation/Staffing/ Testimony) Max. $55,000.00 Kraft, Darla 06/01/2009-05/31/2010 Mental Health Services Core $85.00/Hr (Play Therapy, EMDR, Filial Therapy) $85.00/Hr (Staffing) $150.00 (Court Testimony/Facilitation/Staffing) Max. $10,000.00 North Range Behavioral Health 06/01/2009-05/31/2010 Anger/DV CW Admin $35.00 (Group, Anger or DV) $135.00 (Evaluation, Anger or DV) $50.00/Hr (Court Testimony) Max. $10,000.00 North Range Behavioral Health 06/01/2009-05/31/2010 Functional Family Therapy Core $650.00/Mth Max. $50,000.00 North Range Behavioral Health 06/01/2009-05/31/2010 Mental Health Services Core $200.00 (MHA) $800.00 (Partial Psych Evaluation) $1,200.00 (Full Psych Evaluation) $1,800.00 (Extend. Psych Evaluation) $120.00/Hr (Court Facilitation/Staffing/Testimony) Max. $10,000.00 North Range Behavioral Health 06/01/2009-05/31/2010 Monitored Sobriety CW Admin $20.00/Episode (UA - 5 Panel, UA - 7 Panel, InstaCheck - 1 Panel, Multi -panel Instant UA, Instant Swab) $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 Health 06/01/2009-05/31/2010 Multi -Systemic Therapy Core $1,750.00/Mth Max. $85,000.00 Reflections for Youth, Inc. 06/01/2009-05/31/2010 Day Treatment Core $109.06/Day (Regular Day Treatment) $117.06/Day (Day Treatment w/ DBT) $139.06/Day (Enhanced Day Treatment) Max. $80,000.00 Reflections for Youth, Inc. 06/01/2009-05/31/2010 Home -Based Services Core $101.39/Hr $80.00/Hr (Court Testimony) Max. $30,000.00 Reflections for Youth, Inc. 06/01/2009-05/31/2010 Lifeskills Core $60.99/Hr (Visit./Mentoring) $80.00/Hr (Court Testimony) Max. $10,000.00 Reflections for Youth, Inc. 06/01/2009-05/31/2010 Sex Abuse Treatment Core $60.00/PP Max. $5,000.00 Roundup Fellowship 06/01/2009-05/31/2010 Day Treatment Core $75.00/Day Max. $25,000.00 Savio House 06/01/2009-05/31/2010 Functional Family Therapy Core $780.00/Mth Max. $20,000.00 Savio House 06/01/2009-05/31/2010 Home -Based Services Core $1,814.00/Mth Max. $50,000.00 Savio House 06/01/2009-05/31/2010 Multi -Systemic Therapy/Multi- Systemic Therapy -Problem Sexual Behavior Core $1,575.00/Mth (MST) $2,537.00/Mth (MST-PSB) Max. $125,000.00 Savio House 06/01/2009-05/31/2010 Sex Abuse Treatment Core $1,833.00/Mth Max. $20,000.00 Strong Foundations, LLC (Julie Box) 06/01/2009-05/31/2010 Foster Parent Consultation Core $100.00/Hr $100.00/Hr (Court Prep/Testimony) Max. $15,000.00 Strong Foundations, LLC (Julie Box) 06/01/2009-05/31/2010 Foster Parent Training CW Ad min $3,600.00/Training $810.00 (Add. rate for interpretive services) $60.00/PP (Foster Parent Education Group) $100.00/Hr (Court Prep./Testimony) Max. $30,000.00 Strong Foundations, LLC (Julie Box) 06/01/2009-05/31/2010 Home Study/ Relinquishment Counseling CW Admin $950.00 (Full HS) $425.00 (Update HS) $250.00 (Add. rate per adult) $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 The Next Step, A Place Where Families Recover 06/01/2009-05/31/2010 Monitored Sobriety CW Admin $2.00/Episode (BA) $35.00/Episode (Drug Screen) $50.00/Episode (Drug Screen Confirmation) $25.00/Episode (Ethyl Glucuronide Test - EtG) Max. $15,000.00 The Next Step, A Place Where Families Recover 06/01/2009-05/31/2010 Substance Abuse Treatment Core $30.00/Episode (Antabuse Sheet) $2.00/Episode (BA) $15.00/Episode (Drug Screen) $50.00/Episode (Drug Screen Confirmation) $25.00/Episode (Ethyl Glucuronide Test - EtG) $200.00/Episode (Court Evaluation) $100.00/Episode (Assessment/ Evaluation) $70.00/Episode (Group Therapy - Phase I & II, Individual Therapy) $25.00/Episode (Continuing Care Group - Graduate) $40.00/Episode (Continuing Care Group - Non - Graduate) $20.00/Episode (Family Group - Phase II) Max. $20,000.00 W. Troy Hause Attorney- at -Law 06/01/2009-05/31/2010 Mediation Core $200.00/Hr Max. $20,000.00 Weber, Blythe 06/01/2009-05/31/2010 Home Study/ Relinquishment Counseling CW Admin $950.00 (Full HS) $1,150.00 (Full HS - >2 adults or 50 miles outside of Greeley) $500.00 (Update HS) $200.00 (Add. fee for interpretive services for HS) $250.00 (RC) $100.00 (Add. fee for interpretive services for RC) $75.00/Hr (Court Testimony) Max. $15,000.00 Wurth, Helene 06/01/2009-05/31/2010 Home Study/ Relinquishment Counseling CW Admin $950.00 (Full HS) $450.00 (Update HS) $200.00 (Add. fee per extra adult) $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 questions, please give me a call at extension 6510. PY-09-10-CORE-0130 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ACKERMAN & ASSOCIATES, P.C. rm._• 'Th7177r Pm, '` y ri This Agreement, made and entered into the, `-day of \YU Ile. 2009, 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 Mediation and Facilitation; 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, 2009, 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 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. I .,?419-/Q 78 PY-09-10-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-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-09-10-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-09-10-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. 1 L 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-0130 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 Name For CONTRACTOR: Joyce Shohet Ackerman, Ed.D. Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Grieco, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Joyce Shohet Ackerman, Ed.D. 1725 25th Avenue Greeley, CO 80634 (970) 353-3373 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-0130 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONER COUNTY, C/6L By: Chair William F. Garcia CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 Con `\\ JUN -3 1t2009 �` 0,2009 -/0128' PY-09-10-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 can provide bilingual services through an interpreter at an additional per hour cost as noted in Exhibit B — Fees for 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. 7 PY-09-10-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 $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 $35.00/Hour (Interpretive Services) $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. 8 PY-09-10-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. 9 PY-09-10-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. 10 PY-09-10-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)(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-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. 12 PY-09-10-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 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 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. 13 L''5.)/ l 1 PY-09-I0-CORE-0132 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ACKERMAN & ASSOCIATES, P.C. hi This Agreement, made and entered into the. day of NJUYI e 2009, 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 Mental Health 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 1, 2009, 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 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. I :ADC 9- 4212 PY-09-10-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-09-10-CORE-0132 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-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. II. 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. 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-0 1 32 c. Incotiect 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 Name For CONTRACTOR: Joyce Shohet Ackerman, Ed.D. Name 16. Notice Serial Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Joyce Shohet Ackerman, Ed.D. 1725 25th Avenue Greeley, CO 80634 (970) 353-3373 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-0132 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, CO1,O By: Chair William F. Garcia CONTRA TOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: JUN -3 2009 6 PY-09-I0-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 can provide bilingual services through an interpreter at an additional per hour cost as noted in Exhibit B — Fees for Services. 3. 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. 4. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09- I0 -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 $35.00/Hour (Interpretive Services) $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 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- l0 -CORE -0132 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. 9 PY-09-I0-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. 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 10 PY-09-10-CORE-0132 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)(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-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 safetywhen 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-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 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 PY-09-10-CORE-0155 ii u LA.'S' >/!/!� 474,, 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, 3 day of Ue 2009, 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: Term This Agreement shall become effective on June 1, 2009, 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. 'p O1/ 1 (Qc7.O 9 -7O77,F PY-09-10-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-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-09-10-CORE-0155 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. 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-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. 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-0155 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 Name For CONTRACTOR: Joyce Shohet Ackerman, Ed.D. Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Joyce Shohet Ackerman, Ed.D. 1725 251h Avenue Greeley, CO 80634 (970) 353-3373 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-0155 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first abo nen. LD COUNTY RIC TO THE BOARD WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL By: Chair Will Cm F. Garcia CONTRACTOR: BY C tractor JUN -3 2009 6 -/0778 PY-09-10-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 can provide bilingual services through an interpreter at an additional per hour cost as noted in Exhibit B — Fees for Services. 4. CONTRACTOR has a maximum capacity of eight (8) open cases per month. 5. CONTRACTOR will submit monthly reports with billing for each open case referred by the Department. 7 PY-09-10-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 $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 $35.00/Hour (Interpretive Services) $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. 8 PY-09-10-CORE-0155 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR -contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records, documents, communications, and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request, for a period of seven (7) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven (7) year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 9 PY-09-10-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. 10 PY-09-10-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. 11 PY-09-10-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. 12 PY-09-10-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. 13 PY-09-10-CORE-01 I 1 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ALTERNATIVE HOMES FOR YOUTH nun 7r u ASL30gtc_ O" This Agreement, made and entered into the?, day of �/�/j E 2009, by and between the Board of Weld County Commissioners, sitting as the Board of Human Services, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department," and Alternative Homes for Youth, 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 Day Treatment; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: I. Term This Agreement shall become effective on lune 1, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein_ 2. Scone 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 auached by reference. 3. Payment 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 Dwartment 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 07c09-/07 28 PY-09-10-CORE-0111 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 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-09-10-CORE-0l I 1 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-09-10-CORE-0l 11 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-01 I I 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 Name For CONTRACTOR: Thomas M. Loftus, MS.Ed. Name 16. Notice Social Services Administrator Title President and Chief Executive Officer Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Thomas M. Loftus, MS.Ed. 1110 M. Street Greeley, CO 80631 (970) 353-6010 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 10 herein. 5 PY-09-10-CORE-01 I I IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first a WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CLOMAD By: Cha CONTRAC BY 6 Contractor iam F. Garcia / N,o4NAs 4^i, % JUN -3 2009 oxO9_ /928 PY-09-10-CORE-01 1 1 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide comprehensive, highly structured day treatment services to adolescent males, ages 14-20, as referred by the Department. 2. CONTRACTOR is a self-contained grade 7-12 state approved alternative program designed for students who have had significant attendance issues in traditional school settings. 3. Student/teacher ratios will not exceed 1:12. Additional personal assistance is provided by Para -Educators. 4. CONTRACTOR will provide day treatment services at 1110 M Street, Greeley, CO 80631. 5. CONTRACTOR is licensed by the Colorado Department of Human Services State Child Care Licensing and approved by the Colorado Department of Education. 6. CONTRACTOR will provide educational/vocational instruction, testing and evaluation with an emphasis on preparation for re-entry into public school, vocational training or employment. Referred youth have the opportunity to earn 2 to 2-1/2 credits per academic quarter (five academic quarters per year including six -week summer school). 7. CONTRACTOR will provide individual, group and family therapy to all referred youth unless otherwise directed by the Department. Referred youth are assigned a therapist and will meet with that therapist a minimum of one (1) hour per week. 8. CONTRACTOR will provide daily group therapy. 9. CONTRACTOR will also provide weekly art therapy groups (1-1/2 hours per week), weekly drug/alcohol education and support group as well as weekly random drug screening (if deemed appropriate following a drug and alcohol assessment), and independent living skills education and training (as appropriate). 10. Family members/caregivers are expected to participate in family therapy sessions as least one hour per week to resolve family conflicts, learn new skills, and identify and change abusive patterns. I I . CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-01 1 1 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding, not to exceed 520,000.00. 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 $63.48/Day (Daily rate for Medicaid eligible youth) $78.48/Day (Daily rate for non -Medicaid youth) $23.58/Day (Regular education rate) $38.07/Day (Special education rate. Days of attendance only.) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co -pay. Contractor will collect any applicable sliding scale co -pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to 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- l0 -CORE -01 I 1 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. 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. 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-0111 10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. I I . This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a federal department of agency. b. Have not, within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 12 of this certification; and d. Have not, within a three-year period preceding this Contract, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause, of its contract with CONTRACTOR. 10 PY-09- 10 -CORE -011 1 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. 11 llPY-09-10-CORE-0 il l 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. 12 PY-09- 10 -CORE -01 I • Providers should continually provide recommendations about whether any out -of -home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. Providers should continually assess family relationships (parent/child, sibling/sibling, extended family/child, etc.) and should report any 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 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 concem 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 PY-09-10-CORE-0133 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ALTERNATIVE HOMES FOR YOUTH This Agreement, made and entered into the lay of .. Li}j e 2009, 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 Altemative Homes for Youth, 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: Term This Agreement shall become effective on June I, 2009, 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 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-09-10-CORE-0133 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 ftmds 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-09-10-CORE-0133 Included is 45 C.F.R. Pan 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 3 PY-09- 10 -CORE -0133 by certified mail to Weld County. 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. 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 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. 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-0133 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 Name For CONTRACTOR: Thomas M. Loftus, MS.Ed. Name 16. Notice Social Services Administrator Title President and Chief Executive Officer Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Thomas M. Loftus, MS.Ed. 1110 M. Street Greeley, CO 80631 (970) 353-6010 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 -0I 33 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLOQADO By: CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 -P Contractor —n. 7 rtoKaa. 5 air William F: Garcia' JUN - 3 2009 acvr- is 28 PY-09- 10 -CORE -0l 33 EXHIBIT A SCOPE OF SERVICES I . CONTRACTOR will provide mental health services to youth and adolescents, and their families, as referred by the Department. Services will be provided at 1 110 M Street, in Greeley, CO. Services include: a. Outpatient Offense Specific Group — CONTRACTOR utilizes a Cognitive Behavioral Therapy in a concentrated group setting once per week, for a total of 1 'V2 hours per week. This group consists of a psycho -educational component as well as a therapeutic component, both designed to address sexually abusive behaviors and all issues related to such behaviors, as well as past trauma experiences. The emphasis of this group is on assisting youth in learning about past choices they have made that are maladaptive, while simultaneously teaching healthy interpersonal skills, in order to provide the youth with a strong skill set for interacting with the community -at -large in a safe and productive manner. This group is designed to serve sexually abusive youth who are at a risk for re -offending. Treatment within this group is based on Sex Offender Management Board (SOMB) standards and guidelines. The group addresses all aspects of an offender's thinking pattems, behaviors, thoughts, feelings, and skills. CONTRACTOR emphasizes healthy relationships, make healthy choices, intercepting unhealthy thoughts and fantasies, keeping self and others safe, and completely avoiding abuse of self and/or others. b. Art Therapy Group — CONTRACTOR utilizes a curriculum that is dynamic and includes themes that will address: personal identity, self-awareness, boundaries, processing feelings, positive self expression and their own victimization of trauma. Art therapy groups are grounded in Internal Family Systems (IFS) therapy. This group meets every other week for 1 '/z hours and is facilitated by two art therapists. c. Healthy Relationships Group - This group is psycho -educational in nature and teaches the referred youth or adolescent about healthy relationships, including healthy sexuality, domestic violence, power and control, communication, and values exploration. This group meets weekly and is facilitated by a team of counselors. d. Substance Abuse Group Therapy - This intervention and education group is only open to those referred youth or adolescents that have abused drugs and/or alcohol. The curriculum is dynamic and will address the following themes: Relapse prevention, role plays, guided imagery, education on how substances affect the body, and sobriety celebrations as is modeled after a curriculum that was accepted by the Alcohol and Drug Abuse Division. This group meets weekly and is supervised by a Licensed Professional Counselor, Certified Addictions Counselor- Level III. e. Eye Movement Desensitization and Reprocessing (EMDR) - EMDR, a trauma -focused therapeutic modality, and will be provided by licensed, EMDR-trained clinicians, when appropriate. f. Informed Supervision and Teaching Healthy Sexuality for Parents — Program is based on Gail Ryan's training on: Primary, Secondary & Tertiary Prevention of Sexually Abusive Behaviors In Childhood and Adolescence. g. Mentoring — CONTRACTOR can provide a variety of mentoring services ranging from multiple weekly visits to once monthly visits. Mentoring services can include, but are not limited to, job coaching, help with homework, and co -involvement in pro -social activities 7 PY-09- 10 -CORE -0 1 33 h. Individual Therapy — CONTRACTOR will utilize an eclectic, client -centered approach to addressing Axis I diagnoses. Included in the therapeutic modalities are: Art Therapy, Internal Family Systems Therapy, Gestalt Therapy, Body Awareness Therapy, Rational Emotive Therapy and Cognitive Behavioral Therapy. Each referred youth or adolescent is assigned a therapist. The youth or adolescent will meet with the therapist for a minimum of one (1) hour per week. This therapist also will collaborate with the Case Manager to ensure consistency of care. Individual therapy supports the youth or adolescent in addressing issues in group, school or family therapy, as well as mental health issues. Individual therapy is designed as a support to the entire treatment plan and therapeutic goals toward increased well being for the youth or adolescent. Evaluation of individual therapy and how the youth or adolescent presented is evaluated weekly by the therapist and Clinical Director. CONTRACTOR will bill Medicaid for Medicaid -eligible clients. Family Therapy — CONTRACTOR will address the family as a system and all its interpersonal relationships. Families are encouraged to participate in family therapy every week for at least one (I ) hour. Goals of family therapy are to provide substantial education and aid to the family members to assist them in supporting the referred youth while increasing their understanding of the issues that present in their families and the interpersonal skills needed for healthy interactions. Along with other supports, family therapy facilitates opportunities for the youth or adolescent to go on passes and eventually reintegrate into the community. Assessment of family therapy sessions and family progress is evaluated weekly by both the therapist and Clinical Director. CONTRACTOR will bill Medicaid for Medicaid -eligible clients. 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, unless otherwise directed by the Department. 3. CONTRACTOR will participate in team reviews of ongoing services as needed. 8 PY-09-10-CORE-0133 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 $35.00/Per Person/Episode (Outpatient Offense Specific Group) $35.00/Per Person/Episode (Art Therapy Group) S35.00/Per Person/Episode (Healthy Relationships Group) S35.00/Per Person/Episode (Substance Abuse Group) S60.00/Episode (Eye Movement Desensitization and Reprocessing (EMDR)) $50.00/Per Person/Episode or $75.00/Couple/Episode (Informed Supervision and Teaching healthy Sexuality for Parents) S26.00/Hour (Mentoring) $60.00/Hour (Individual Therapy) $60.00/Hour (Family Therapy) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co -pay. Contractor will collect any applicable sliding scale co -pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 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-09- 10 -CORE -0133 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. 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 FY -09 -10 -CORE -0133 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. 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 leaming 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-09-10-CORE-0133 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-09-10-CORE-0133 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-09- I0 -CORE -0133 • 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 [) 7r,nl n Lai iJit51111Z' PY-09-10-CORE-n r 41 CPPrr rI DO( U 'CTIfIN "f"Pvu ►RLNT CCD cLDVnr' ,S BETWEEN THE WELD COUNTY DEPARTMENT OF IlU teIAN SERVICES AND BARRY R. LINDS'i'ROM, PH.D., LLC .14 This Agreement, made and entered into the ) day of -.Yu'I?e 2009, by and between the Board of Weld County Commissioners, sitting es the Board of Huttlilrl SCrvte;eS, on behalf of the Weld- County-Deparirrrent of Human Services, hereinafter referred to as the "Department," and Barry R. Lindstrom, Ph.D., LLC, hereinafter referred to as 'Contractor-. WITNESSE H WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Cure Services funding to the Department for Mental Health Services; and NOW THfREFORR, in consideration of the premises, the parties hereto covenant and agree as follows' I. Tenn This Agreement shalt become effective on June 1, 2009, upon proper execution of this Agreement and shall expire may 31, 2010, unless sooner terminated as provided herein 2, Scope. ufSec vices Services shall be provided by CONTRACTOR to any person(s) eligible for child protection services in compliance with Exhibit A "Scope of Service," 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 itraaimutu reimbursement, wluch will lie paid ftuttt- Core Services funding during the duration of this Agreement CONTRACTOR shall submit an itemized monthly hill 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 itemised ittutitllly billings to the Department by the ? 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, Pay LIMAS of costs incurred pursuant to this Agreement ts.expressly contingent upon the availability of Core Services to the Department 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 be. reimbursed or considered part of this. Agreement. 1 7?Y PY-09- In -CORE -0 l 4 i 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 Cure Service funding. must confirm', ii the Single Audit Act of 1984 and OMB Circular A - t33. Payment Method Unless otherwise provided lathe Scope of Servita= and: Payment. Schedule. a CONTRACTOR shall provide proper monthly invoices and itemization of services performed for • costs incurred in the performance of the agreement. lt. The Department may withhold airy 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. Er. Assurances. CONTR ACTOR shall abide by Rif 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 Lsea and its implementing regulation, 45 C.F.R. Pail •tiff anti Section 504 of the Rehabilitation -Act of 197'3; 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 1.S. C. Sections 6101 et. serf and its implementation regulations, 45 C.F.R. Part 91; and Title VII of the Civil Rights Act or 1963; 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 or 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_ PY-09-t 0 -CORE -0141 included is 45 C.F.R. Pact 74 Appendix G 9, which requires that -a innative steps be taken to assure that small and minonty 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 sine has been discriminated against has the tight to file a winplaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Humian Services, Office for Civil Rights. R. 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) "ti 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 sett forth in Exhibit D wIntl will address the aforenuerttioned three areas. 9. Insurance CONTRACTOR, shalt procure, either personally or through its employer as applicable -to- due- Contractor=s business; at its own expense, and maintain Ludt the duration -of the weak, 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 Si uldaiu woii.itti is Conipeilsalion and Employee's L,iabilit� . t. As required by state statute including occupational disease, covering all employees at work site U. <fClrCialt Liability (PL tic vii) (1KliIllltlUtlt). 1. Combined single limit - $500,000 written on an occurrence basis. 2. ateAny to limit will not be leis than St million. . sa. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. State olCo!orado 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 ,_ , l - i , days, Insurance shall include provisions lirctictitttlg caLLlt;cuauiOli without 60 uuya prior notice by certified mail to Weld County. PY-09-10-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. l(t. Certifications CONTRACTOR certifies that, at the time of entering into this Contract, it has currently in effect all necessaty 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 Contra tor-shail attend a Court Testimony and Ethics Training to be paid for by the Departntei4t. 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. 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 eraiituitstioiis, of ally other reasonable procedure's. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work: 13 Modification of Agreement Ail Modifications to this agreement shall be in writing and signed by both parties. 14. Rem ies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR subsiafttiaity 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: Withhold payment to CONTRACTOR until the necessary services or corrections in performance are 1 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 he 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; A -t PY-09-10-CORE-rn 41 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. l5 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 Rt mansik Nairn Social Services Administrator Title For CONTRACTOR Barry R. Lindstrom Ph.D., LLC Owner Name Title 16. Notice All notices required to be given by the parties hertrrarder 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 'iihtitute person(s) or address to whom such notices shall be sent To: The Department lady A. Cricga. Director P.O.. Box A Cateky. CO 80631 (97))•3.52-1.55.1 17. Litigation To: CONTRACTOR Barn- R. Lindstrom, PhD.; LLC 3211 20t Stmt, Suite`D Greeley, CO 80634 (970)-356-3.1.00 CONTRACTOR shall promptly notify the. Department in the. event that. CONTRACTOR learns of any actual litigation in whichit 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 tthidr-has been filed in any federal or state court or adniinistrarive agency, Shill 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. Is. Termination This Agreement may be terminated at any time by eitherparty given thirty (30) days written notice and is subject.to.the.availability of funding. CONTRACTOR reserves .the_cight.to.suspendservices to clients if •fundingis-no longer available. 19. Entire Agreement This Agreement,together with all attachmentshereto, constitutes the entire.rnderstanding_between the parties with respect to the subject matter hereof, and may not he changed or modified except as stated in Paragraph 13 herein. 5 FY -09 -1Q -CORE -0141 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, andyearfirst above written. WELD COUNTY DEPARTMENT OF HUMANISERVICES. I Dy: ki BOARD OF COUNTY COMMISSIONERS WELD COUNTY. 6 Chair William F. Garcia JUN -3 2009 PY-09-10-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 -III (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]; 7 PY-09-10-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 It Lindstrom, Ph.D., and Bonnie S. Lindstrom, ns. 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. 8 PY-09-10-CORE-0141 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 $150,000.00. 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's 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-09-1 Q -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 white performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend, and -hold harmless Weld County, the Beard of County Commissioners. of Weld. County, its employees,-volunteers,.and agent. -CON" l'RACTOR 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 bedeemed to constitute a.waiver 'of any immunities -the parties urtheir 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, toexpend 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 potions. 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 employeeof 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 Contact. 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 wider the Contract are maintained for three. (3) years or the completion and resolution of an audit. Such records shall he sr rcienrtc-allow-authored local; Federal, andState auditors, acrd repr .,entatives-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 reque , fora period of seven (7) -yeas. from the date of final payment under this Contract, or for such furtherperiod as may be necessary to resolve any matters which nsay. 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. 9 P.Y.-09-10-CORE-0141 10. CONTRACTOR assures that authorized local; federal, and state auditors and representatives- shall, during business hours;leave acces to inspect any -copy records -and shall be -allowed. tit-monitor°andTeview through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the tee of this Agreement Contracting parties agree that monitoring and evaluation of the . performance of the Agreenientshall be conductedby appropriate funding sources. The resahe ofihe monitoring and -evaluation activities shall be provided tothe appropriate and niterested parties. i.r. This Contract shall be binding upon the parties hereto, their successors, heirs, legal .represealatives, and assigns. CONTRACTOR or the°Department may not assign any of its rights or obligations hereunder withca tthe prior ver►tten.coosent of both parties. 12. 'CONTRACTOR uertfle that. federal ,upiiAed'f mds'have not -been -paid yr wiil.be. paid,'by or on behalf ofCONTRACTOR, to any. person fbr influencing. or attempting -to:inffue nce-atn.ofcer.or.employee of an agency, a Member of Congress, an officer or employee of Congress; or an employee of a Member of -Congress in a mention with ihe.av+arding of any Federal contrart,-the.mai ing of.any.federal grant, -the making of any federal loan; the entering into of any cooperative agreement, and the extension, nxnntinuation,'renewal-amendment, ormodificativn 'orally 'Federal °c ntract,-loan, grant, or =operative agreement .13. .:CONTRACTOR assure .that it.wirl fo ly ocnmply with all other applicable federal and state laws. CONTRACTOR understaeds that he source of fields to be -used under this Contract is Core Services 'fiends. • 14. CONTRACTOR assures and certifies that it and -its principals: a Are not presently debarred, suspended,proposed for debarment, declared mel Bible, or voluntarily excluded from covered transaction by a'fedeial depaatmeat-of agency. b: Have-not, within a three-year period preceding this Agreement, been convicted of or had a civil jndgme t renderedagainst them for commission of fraud urn Lrimindl nBense 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, f.otgery, bribery, or destruction ofrecords, wing false statements, or receiving stolen property; c. Are -not presently indicted for or otherwise criminally Of civilly charged by a government entity (federal, state, or 1oeal3-with commission of any of theoffenses entmierated in paragraph 12 of ibis certification; and d Have not, within a three-year period preceding this Contrail, .lad one or mare futhlic iransaclion5 (federal, state, and royal) terminated for cause or default. 15. The Appearance of fbriffrct of foterest applies to the relationship of a CONfKACTOTT 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 nnnfLict of interest, it is ma nerevary for the contractor to gain from knowledge of these opposing interests. it is only necessary that the contractor`knoiw drat the two -relationships hips are in opposition. During the term of the Contract, CONTRACTOR shall- not enter any third party relationship that tires the appearance ofcreating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation. CONTRACTOR shall submit in. the.Depariment,.a.full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statementrred by Ibis paragraph shall constitute grounds for the Department's termination, for •cause , of its contract with CONTRACTOR_ 10 PY-09-1.0-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 informationabout 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 subcn tractor, if any. that they are subject to these.confidmtiality requirements. CONTRACTOR shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confitlentrafiity requirements before access to confidential data is permitted. CONTRACTOR shall have its employees, agents, and subcontractors, if 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 4u ts,-business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained fom third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose_direcdy or indirectly without pries 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 thisContract will be accorded at.least die same. precautions as are employed by CONTRACTOR .for similar information in the course of its own business. 113. 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,:amd (h) 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. ]ZS. 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) it 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 die United States pursuant to federal law; (b)- stall produce one of the forms of identification required by CRS. 24-76.5-101, ct 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 PV --09-1 p-CARE-t?141 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 petsilive outcomes for Dimities are in .place. All agencies that on itractto provide. service to families and children in Weld County must continually strrvefar 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 requestinglhat pm iderreports include observations and recommendations regarding clients in a way that specifically addresses the areas ofsafely, 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 Inks which must be addressed by the Dep tmPnt contracted -providers. Safety Outcomes CFSR Outcome Measures Safely 1 Children are, first and fruemDrzt, protected from abuse and neglect. Safety 2 Ciitdren.aresafely maintained in their homes whenever possible acrd.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 thecaregivers' 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 drat is harmful and -destructive to a child's cognitive, vial, emotional .andlw physical development, and those with parenting responsibility are unwilling or hatable 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 these 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. 4- 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-t 0 -CORE -014 I • Providers should continually provide recommendations about whether any out -of -home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships (parent/child, sibling/sibling, extended family/child, etc) and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well -Being Outcomes CFSR Outcome Measures Well Being l 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 appropnately care [or 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. Whenaapproprate; providers should make recoirn,uacdations 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. P Y -09 -10 -CPS -103 4.07r Q CHILD PRO TEC TION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND BARRY R. LINDSTROM#, Ph.D., LLC t4 This Agreement, made and entered into the 3 day of eJi�n C. 2009, by and between the Board of Weld County C..!ornrnissicniers, sitting 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". 3.WITNESSETH WHEREAS, regzired 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 Case Consultation, Clinical or Educational Staffings and 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, 2009, 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 P'a�rment 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 Administrati on funding during the duration of this Agreement. CON1'KACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to E, shrbit A of this Agreement in accordance with criteria establi shed by the Department CONTRACTOR shall submit all itemized monthly billings to the Department by the 1t` 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 Adnunrstretion to the Department d. The Departm ent shall riot be billed for, and reimbursement shall not be made for time involved in ac:tiviti es 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 ,32o 9 Ycf PY-09-10-CPS-103 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the admiri strative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Col orado. The required annual audit of all fiends expended under Core Service funding roust conform to the Single Audit Act of 1984 and OMB Circular A- 133. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization ofservices performed for costs incurredin the performance of the ageement. b. The Department may withhold any payment if CONTRACTOR has fail edto 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. Comthtianrz with &clic able 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 estabtishedwhich relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title V101 the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulations, 45 C.F.R. Part 80 et sect.; 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 Discmirrunatiori Act of 1_`x75, 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 Dep.etuientwill resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 (TR Part 2. PY-03-10-CPS-103 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 andfor state financial assistance. Any person who feels that sfhe 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 Gild 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 identifiedby 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. 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 P','-09-10_CPS-103 c. Automobile Liability (1birnimum) for any Contractor transporting children or any ptnty to whom Department services are being provided Additional coverage may be required in specific program areas. For any insurances that are reg_ured 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 toproperly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor pn or 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 C-ontractor 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. Monitonng and Evaluation CON1 FACTOR 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 mariner 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 party es. 14. Remedies The Director of Human Services or designee may exercise the following remedial actions should sfhe find CONTRACTOR substantially failed to satisfy the scope of work f ound 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 CONTFAC'TOR 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 performedwouldbe 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-09-1 U -CPS -103 c. Incorrect payment to CONTRACTOR due to omission, error, fraud, and/or defalcation shall be recovered from CONTRACTOFi 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. R.erresentatives 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 Roman^ik Name Social Services Administrator Title For CONTRACTOR. Barry R. Lindstrom, PhD., LLC Owner Name Title 16. Notice All notices required to be given by the parties hereunder shall be givers 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 Judy A Griego. Director P.O.BVyA Greeley. CO80632 (970) 352-1551 17. Litigation To: CONTRACTOR Barry }R Lin d; tro((ni� i, PhD.. LLC v;11 20 Street. wuiteD Greeley. CO 80634 (970) 356-3100 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. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability (A -banding. 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 Rif WITNESS WirEiftW0.F. the i-ahtes hereto have duty eifecuted the Agreement as -.,f the day, nth, end year first �)TT7'ITY ITIFF iki,±aTUD 's: ULD COUNTY DEPARTMENT OF m itittST SIP V i0E.' (A/kJ (t 'Just; Gil egol Director p r_;r-�(AJ_ ' r c_ ^iv i l col_,otim- V _L-.rt. I William F. Garcia C hTTFAcrcr ct 44( 57/3/r7 JUN - 3 2009 &oc9-7? PY -u9-1 0 -CPS -1 U3 EXHIBIT A SCOPE OF SERVICES CONTRACTOR will provide case consultation, clinical or educational staffing and training services to the Department as requested. Services will be utilized to 1) preserve or maintain placement in a clinically appropriate level of care, 2) minimize the number of changes or transitions, and _l' meet permanency goals. 2. CONTRACTOR will provide services in his office or at the Department. 3. Clinical CT Educational Staflings can include psychiatric staffings, clinical case reviews or Individual Educational Plan (TEP) staffings. 4. COrTTRACTOR can provide training on topics identified by the Department to individuals or in a group setting. 5. Services will be provided by Barry R. Lindstrom, Ph.D. 7 PY-09-10-CPS-103 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse COI.ITE ACTOR in consideration for the work and services performed from Child Welfare r..dministration funding, not to exceed $10,000.00. Expenses incur-edby CONTRACTOR., in association with said project prior to the term ofthis 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 „hole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the Department, the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $150.00/Hour (Case Consultation) $125.00/Hour (Clinical or Educational Staffrngs - Ph.D.) $75.00/Hour (Clinical or Educational Staffings - M.S.) $350.00/Hour (Training) 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. 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 foil owing the months 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 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 when required. c. For monitored sobriety, proof of services rendered shall be a sign -in sheet with client signatures or the test result. 8 PY 04 -10 -CPS -103 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 CONTRA TOR - 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, arid 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 porn cn 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 an; one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declaredto 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 discriminati on under this approved Contract. 8. CONTRACTOR. assures that sufficient, auditable, and otherwise adequate re cords 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, Fedei al, 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: Ti an audit by or on behalf of the federal andror state government has begun but is not completed at the end ofthe seven ('7) year period, or if audit findings have not been resolved after a seven (7) period, the materials is shall be retained until the resolution of the audit finding. 9 FY -09.1 0 -CPS -1 03 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 assi,gii any of its tights or obligations hereunder without the prior written consent of both paw es. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of CONTRACTOR, to any pers on 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 i...:.-operative 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, proposedffs debarment, decl ared ineligible, or voluntarily excluded from covered transaction by a federal department of agency. Have not, within a three-year period prececirig 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) terniinated 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 necessay that the contractor know that the two relationships are in opposition. Dunng 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, CON!'KACTOR 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. 1O PY-09-10-CPS- 103 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes erectly connect edtaith the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in aform identifiable with the applicanttrecipient 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 arid 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, arid (b) otherwise will comply with the rewirements 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.RS. 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, (5) 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. 17 P Y -09 -10 -CPS -1 033 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 D er anxnent i s requesting that prom der 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 alidren are, first and foremost, protected from abuse and neglect. Safety 2 Qiildren 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 Ciildren are considered safe when there are no present dangers or impendng danger threats, or the car-egivers' 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. 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 shouldmake recommendations regarding services andfor 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 preserred for children. Considerations for the Department's providers: • Provider reports should always note the pnmary 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 arid should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 12 PY-09-10-CPS-1 03 • Providers should continually provide recommendations about whether my 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, thbling/sibling, extended family/child, etc.) and should report any concerning relationship issues which may be a l- -crier to achieving permanency. Providers should document ongoing efforts to resolve those issues and`ormake 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 ccapacrty to provide for their children's needs. Well Being 2 O'iildren receive appropriate services to meet their educational needs. Well Being 3 Qiildren receive adequate services to meet their physical and mental health need` . 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 PY-09-10-CPS-0092 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUIS GUILLERMO CALLE, LPC �y/li This Agreement, made and entered into the f'7 day of / "/ a 7 2009, 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 Luis Guillermo Calle, LPC, 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 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, 2009, 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 refueuce. "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 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 aac9 - i9 78 PY-09-10-CPS-0092 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 pennitted by 42 CFR Part 2. 2 PY-09-10-CPS-0092 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CPS-0092 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 4 PY-09-10-CPS-0092 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. 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 Name For CONTRACTOR: Luis Guillermo Calle, LPC Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 1970) 352-1551 17. Litieation To: CONTRACTOR Luis Guillermo Calle, LPC 1660 South Albion Street, #309 Denver, CO 80222 (720) 351-0432 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 finding. 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-CPS-0092 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL By: Chair CONTTO BY bistal Contracto 6 b.7 Lam . Garcia -7 JUN -3 2009 o? -/R 78 PY-09-10-CPS-0092 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide culturally sensitive Anger Management services to Hispanic adolescent and adult males. 2. CONTRACTOR is bilingual (Spanish/English). 3. CONTRACTOR will provided Anger Management services utilizing individual therapy and psycho - educational group activities. Referred clients will attend weekly open-ended psycho -educational group sessions (1.5 hours) and one individual session (I hour) per month. Maximum number of group participants is eight (8). 4. Anger Management 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. 7 PY-09-10-CPS-0092 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 finding, 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 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 $50.00/Episode (Group Session) $80.00/Episode (Individual Session) $125.00/Episode (Intake) $850.00/Episode (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'" 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-CPS-0092 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 fording. 9 PY-09-10-CPS-0092 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. 10 PY-09-10-CPS-0092 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. 11 PY-09-10-CPS-0092 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 12 PY-09-10-CPS-0092 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. 13 PY-09-10-CORE-0134 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUIS GUILLERMO CALLE, LPC This Agreement, made and entered into the 3 day of J/, j n a 2009, 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 Luis Guillermo Calle, LPC, 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, 2009, 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 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. I i?U09 -/,Q 2? PY-09-10-CORE-0134 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 eL 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-0134 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-09-10-CORE-0134 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-0134 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 agrceruents 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 Name For CONTRACTOR: Luis Guillermo Calle, LPC Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Luis Guillermo Calle, LPC 1660 South Albion Street, #309 Denver, CO 80222 (720) 351-0432 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-0134 IN WITNE_. REOF, the parties hereto have duly executed the Agreement as of the day, month, and year first abov B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO DO By: Chair CONTRACT BY C._ F. Garcia &wt. A .mey Contra WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 JUN -3 2009 o2a 2-i 28 PY-09-10-CORE-0134 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide multi-cultural/bi-lingual counseling services to individuals, couples and/or families referred by the Department. 2. Services will address unresolved problems related to the family of origin, marital conflict, anger problems, parent -child interactions, low self-esteem, emotional trauma, etc. 3. CONTRACTOR is bi-cultural and bi-lingual with Spanish as primary language. CONTRACTOR primarily serves Hispanic clients. 4. 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. 5. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0134 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 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 $90.00/Episode (Individual, Couples or Family 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 months 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-0134 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 Agrcement. 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-0134 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 10 PY-09-10-CORE-0134 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 (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. 11 PY-09-10-CORE-0134 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 12 PY-09-10-CORE-0134 • 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 bather 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 �l. PY-09-10-CORE-0156 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUIS GUILLERMO CALLE, LPC C This Agreement, made and entered into the J --day ofJU /1 a 2009, 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 Luis Guillermo Calle, LPC, hereinafter referred to as "Contractor". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Sex Abuse Treatment (Offense Specific Treatment); and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1, 2009, 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. 1 0n9-ircQ78 PY-09-I 0 -CORE -0156 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 sett . and its implementing regulation, 45 C.F.R. Part 80 et. sea.: and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulations, 45 C.F.R. Part 91; and Title VII of the Civil Rights Act of 1964; and the Age Discrimination in Employment Act of 1967; and the Equal Pay Act of 1963; and the Education Amendments of 1972; and Immigration Reform and Control Act of 1986, P.L. 99-603; 42 C.F.A. 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-0156 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-09-10-CORE-0156 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-0156 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 Name For CONTRACTOR: Luis Guillermo Calle, LPC Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego. Director P.O. Box A Greeley, CO 80632 1970) 352-1551 17. Litigation To: CONTRACTOR Luis Guillermo Calle. LPC 1660 South Albion Street. #309 Denver, CO 80222 (720) 351-0432 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-0156 IN WITNESS W above wri ATTE OF, the patties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONS' _ D COUNTY, CO By: i��.' ,' Vii+ «.✓��.� .%. B Chair WI_ CONTRACT BY homey WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 ontractor JUN - 3 2009 0206)9- /o22p PY-09-10-CORE-0156 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide multi-cultural/bi-lingual offense -specific evaluation and treatment services to Hispanic adults and youth referred by the Department. 2. Evaluation services utilize a clinical interview (conducted in Spanish), Mental Status Examination, Abel Assessment of Sexual Interest (AASI) in Spanish, Million Clinical Multiaxial Inventory (MCMI-III) in Spanish, Risk Assessment, Hare PCL — Screening Version, Psychosocial History Interview, Psychosexual History Interview, Bumby Cognitive Distortion Scale in Spanish, Able and Becker Cognitive Scale in Spanish, and Attitude Toward Women Scale in Spanish (if applicable). 3. Treatment services will be provided utilizing group sessions, individual sessions and informed supervision training (if applicable). 4. CONTRACTOR is bi-cultural and bi-lingual with Spanish as primary language. CONTRACTOR primarily serves Hispanic clients. 5. 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. 6. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0156 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 $8,000.00. 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 fluids, 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 $850.00/Episode (Offense -Specific Evaluation) $50.00/Episode (Group Therapy Session) $90.00/Episode (Individual Therapy Session) $90.00/Episode (Informed Supervision Training Session - Up to Five (5) Sessions) 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. 8 PY-09-10-CORE-0156 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 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. 9 PY-09-10-CORE-0156 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 10 PY-09-10-CORE-0156 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)(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-0156 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 t 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-0156 • 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. 13 PY-09-10-HS-0039 I•�r•9.. 11r 11 U L45/Seq-, CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CHASE HOME STUDIES (PATRICIA CHASE, BSW) 2 rd This Agreement, made and entered into the )'day of lie 2009, 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 Chase Home Studies (Patricia Chase, 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/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, 2009, 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 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 &cot -1,2 7s). PY-09-10-I-IS-0039 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-09-10-HS-0039 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-09-10-HS-0039 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. 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-HS-0039 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 Name For CONTRACTOR: Patricia Chase, BSW Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Patricia Chase, BSW 215 Custer Street Brush, CO 80723 (970) 371-1738 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-I0-HS-0039 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORWO By: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair 'William F. arcia JUN -32009 6 PY-09-10-HS-0039 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home study and relinquishment counseling 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. All CBI, FBI and LexisNexis background check information will be completed by the Department, unless otherwise directed by the Department. 4. CONTRACTOR will submit a completed home study to Human Services 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 Human Services, 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. 7 PY-09-10-HS-0039 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) $500.00/Episode (Updated Home Study) $100.00/Episode (Rate per additional adult over two adults) $200.00/Episode (Additional rate for bilingual services for home study) $300.00/Episode (Relinquishment Counseling) $100.00/Episode (Additional rate for bilingual services for relinquishment counseling) $ .50/Mile (Mileage - Outside Weld County) 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`s 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-I0-HS-0039 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. 9 PY-09-10-HS-0039 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. 10 PY-09-10-HS-0039 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 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-HS-0039 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. 12 PY-09-10-HS-0039 • 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. 13 PY-09-10-CORE-0122 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CHILD ADVOCACY RESOURCE AND EDUCATION, INC. (c.a.r.e.) This Agreement, made and entered into the 3 day of %SU n e 2009, 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 Child Advocacy Resource and Education, Inc. (c.a.r.e.), hereinafter referred to as "Contractor". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Lifeskills; 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, 2009, 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 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-09-10-CORE-0122 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-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-09-10-CORE-0122 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 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-0122 c. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract, a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. 11. Training Contractor shall attend a Court Testimony and Ethics Training to be paid for by the Department. 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-0122 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 Name For CONTRACTOR: Marianne Dinges Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Marianne Dinges, Executive Director 3700 Golden Street Evans CO 80620 (970)356-6751. ext. 305 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-0122 REOF, the parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY, €Q4.O, Chair W APP CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 Liam F. Garcia JUN -3 2009 07-/a7? PY-09-I0-CORE-0122 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home -based and visitation services to individuals and families referred by the Department. Visitation services will be provided at 3700 Golden Street, in Evans, CO. 2. Services include the following: a. Nurturing Skills for Families Program (Home Based) — Competency -based nurturing program utilized to meet the assessed parenting needs of families in their homes. Familial needs are identified through administration of the Adult Adolescent Parenting Inventory (AAPI-2) and the Nurturing Skills Competency Scale (NSCS). A custom parenting program lesson plan is implemented based on the identified needs. Lessons focus on the five (5) parenting constructs of the AAPI-2: Inappropriate Expectations, Lack of Empathy, Belief in Corporal Punishment, Family Role Reversal and Suppressing Power and Independence. Lessons are taught in the home setting to allow for coaching and support of positive parenting practices. Emphasis will be placed on families completing the areas of greatest need first and progressing through the program accordingly. Program also will include household management skills and access to community resources as needed. Program is available in Spanish. Families participating in the program will be given a post-test upon exit from the program to demonstrate skills learned. b. 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. c. Monitored (Low Intensity) Supervised Visitation — Supervision of family visits, both verbally and physically, for positive and appropriate interactions. The supervising staff member shall be within sight and sound of all participants at all times and will intervene on a limited basis as necessary to ensure the safety and supervision of the child(ren). Referred families will have access to a kitchen, outside playground, gymnasium and family rooms during scheduled visitation times. d. Interactional Supervised Visitation — Supervision of family visits that include a competency -based nurturing program to meet the assessed needs of families. Familial needs are identified through administration of the Adult Adolescent Parenting Inventory (AAPI-2) and the Nurturing Skills Competency Scale (NSCS). A custom parenting program lesson plan is implemented based on the identified needs. Lessons focus on the five (5) parenting constructs of the AAPI-2: Inappropriate Expectations, Lack of Empathy, Belief in Corporal Punishment, Family Role Reversal and Suppressing Power and Independence. The supervising staff member/educator provides coaching and skills training to parents. Parents are then given the opportunity to practice new skills during visitation time. Emphasis will be placed on families completing the areas of greatest need first and progressing through the program accordingly. Program also will include access to community resources as needed. Families participating in the program will be given a post-test upon exit from the program to demonstrate skills learned. e. Transportation — Transportation of child(ren) to and from visits will be provided as needed. 7 PY-09-10-CORE-0122 3. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 4. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 5. CONTRACTOR will submit reports on a monthly basis for each active referral. Reports will be submitted per the online format required by the Department. 6. CONTRACTOR will participate in team reviews of ongoing services as requested. 8 PY-09-10-CORE-0122 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 $175,000.00. 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 $73.53/Hour (Nurturing Skills for Families Home -Based Program) $80.28/Hour (Interactional Supervised Visitation) $43.43/Hour (Safe Exchanges, Monitored/Low Intensity Supervised Visitation) $34.80/Hour (Transportation) $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 7m 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-09-10-CORE-0122 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR - contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records, documents, communications, and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request, for a period of seven (7) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven (7) year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 10 PY-09-10-CORE-0122 10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a federal department of agency. b. Have not, within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 12 of this certification; and d. Have not, within a three-year period preceding this Contract, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department, a full disclosure statement setting forth the details that create the 11 PY-09-10-CORE-0122 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 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-09-10-CORE-0122 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 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-09-10-CORE-0122 • Providers should continually provide recommendations about whether any out -of -home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships (parent/child, sibling/sibling, extended family/child, etc.) and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well -Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical, emotional, educational and behavioral well- being of the child. When appropriate, providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 14 pp 1777 j LLtl5_� PY-09-10-CPS-0098 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMPLIANCE ADMINISTRATIVE SERVICES, LLC This Agreement, made and entered into the 3 day of „Tune 2009, 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 Compliance Administrative 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 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, 2009, 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. 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" 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. &cog-/O7/s, PY-09-10-CPS-0098 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-I0-CPS-0098 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). 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-09-10-CPS-0098 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. 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. 12. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 13. 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; 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. 4 PY-09-10-CPS-0098 14. 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 Name For CONTRACTOR: Marc Pham Name 15. Notice Social Services Administrator Title Controller Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 16. Litigation To: CONTRACTOR Marc Pham, Controller 7100 N. Broadway, Suite 5-N Denver, CO 80221 (303) 428-3849 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. 17. 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. 18. 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-CPS-0098 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORA By: Chair William F. Garcia CONTRACTOR: BY Cw� 6 Contractor JUN -3 2009 O2CC9 -/a 2? PY-09-10-CPS-0098 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide timely and quality monitored sobriety services to clients referred by the Department as follows: a. CONTRACTOR will provide monitored sobriety services to Department clients at the Department Annex in Greeley. b. CONTRACTOR will provide a qualified monitored sobriety collector on site Monday through Friday at the Department Annex building, 2-7 p.m., or as modified by the Department. c. CONTRACTOR will confirm any 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 through the Norchem website (www.norchemlab.com). 7 PY-09- I 0 -CPS -0098 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 $85,000.00. 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 $13.00/Episode (Instant 5 Panel Drug Screen - Tests for THC, COC, AMP, OPI, PCP) $25.00/Episode (Instant 5 Panel -Confirmation) $16.00/Episode (Standard Laboratory Test - Tests for ALC, AMP/METH, BENZ, COC, OPI, PCP, THC) $48.50/Episode (Club Drug Panel - Ecstasy, GHB, Ketamine, Oxycodone) $90.00/Episode (Hair Test - Tests for THC, COC, OPI, PCP, AMP up to 90 days or more after use) $40.00/Episode (EtG/Ethylglucuronide - Tests for alcohol up to 80 hours past consumption) $2.00/Episode (Breathlyzer Screening) $2.00/Episode (Breathalyzer Confirmation) $37.50/Episode (Swab/Saliva Test) $75.00/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 T" 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 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. 8 PY-09- I 0 -CPS -0098 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. 9 PY-09- I 0 -CPS -0098 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. 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. 10 PY-09-10-CPS-0098 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. 1I PY-09- I 0 -CPS -0098 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. 12 PY-09-10-CPS-0098 • 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. 13 Hiiimv`nfivLrntiT7Ir? i PY-09-10-HS-0040 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DYNAMIC FAMILY DESIGN, LLC rd This Agreement, made and entered into the a day of Ja /9 e 2009, 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 Dynamic Family Design, 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, 2009, 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 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 c),7co9-/&2? PY-09-10-HS-0040 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-09-10-HS-0040 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-09-10-HS-0040 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. 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-HS-0040 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 Name For CONTRACTOR: Keith P. Wawrzvniak, Jr. Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Keith P. Wawrzyniak, Jr. 36376 Mason View Road Eaton, CO 80615 (970) 631-5092 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-HS-0040 the parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO ' j O Chair William F. Garcia CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 Contractor JUN -3 2009 PY-09-10-HS-0040 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, unless otherwise directed 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. 7 PY-09-10-HS-0040 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 $35,000.00. 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 $870.00/Episode (Full Home Study, no background check) $100.00/Episode (Additional charge for background check) $485.00/Episode (Updated Home Study) $225.00/Episode (Rate per additional adult) $200.00/Episode (Cancelled home study, 1-4 hours of service) $48.50/Hour (Cancelled home study after 4 hours of service) $50.00/Episode (Mileage, Home Studies outside Weld County) $65.00/Hour (Relinquishment Counseling, one (1) hour minimum) $15.00/Episode (Mileage, Relinquishment Counseling outside Weld County) $75.00/Hour (Court testimony, one (1) hour minimum) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co -pay. Contractor will collect any applicable sliding scale co -pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 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. 8 PY-09-10-H5-0040 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. 9 PY-09-10-HS-0040 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. 10 PY-09-10-HS-0040 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-09-10-1-15-0040 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-HS-0040 • 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. 13 PY-09-10-CORE-0191 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DYNAMIC FAMILY DESIGN, LLC This Agreement, made and entered into the n -day of t )7 p 2009, 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 Dynamic Family Design, 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: 1. Term This Agreement shall become effective on June 1, 2009, 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 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 02009- is 7cP PY-09-10-CORE-0191 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-09-10-CORE-0191 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-09-10-CORE-0191 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. 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-0191 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 Name For CONTRACTOR: Keith P. Wawrzyniak, Jr. Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Keith P. Wawrzyniak, Jr. 36376 Mason View Road Eaton, CO 80615 (970) 631-5092 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-0191 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COJ O O CONTRACTOR: BY Contractor Chair Witl'iam F.tarcia JUN -3 2009 6 bog-icR78 PY-09-10-CORE-0191 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Foster Parent/Foster Child Compatibility (FPFC) Evaluation services for foster and foster -adopt families referred by the Department. 2. The FPFC Evaluation will asses for the appropriateness of placement of a foster/foster-adopt child(ren) who needs to move from a foster home to a foster -adopt home. CONTRACTOR will: a. Acquire information specific to the foster/foster-adopt child being considered for adoption from the caseworker. b. Acquire and review previously completed home studies. c. Conduct approximately 1-1/2 to 2 hour visit foster/foster-adopt parents at their residence which will include a safety inspection. d. Utilize a Compatibility Inventory checklist similar to the one used in the SAFE Home Study to determine if prospective foster/foster-adopt parents have the skills to manage the identified special needs and challenging behaviors unique to the child being considered for placement. e. Provide a two to three page evaluation within 30 days of receipt of a referral from the Department. The evaluation will include reasons that support placement or non -placement of the child being considered for placement. 3. CONTRACTOR also will provide transitional services, if referred by the Department, to assist in the monitoring of initial visits between the prospective foster/foster-adopt parent(s) and the child being considered for placement, in order to ensure appropriateness and permanency of the placement. Transitional Services will include: a. Education and training specific to the placed child and the respective placement. b. One to two hour visits at a frequency determined by the Department. c. Assessment of progress through observation and evaluation of interactions between the foster/foster-adopt parent and the child(ren) being considered for placement. d. Communication of all observations and concerns to the assigned caseworker verbally and through written report. Each written report will include recommendations, if applicable, to ensure permanency and appropriateness of placement. 4. 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. 5. CONTRACTOR will participate in reviews of ongoing referrals as necessary. 6. CONTRACTOR will submit monthly reports of ongoing services with monthly billing. Reports will be submitted through the on-line system unless otherwise directed by the Department. 7 PY-09-10-CORE-0191 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 $300.00/Episode (Foster Parent/Foster Child Compatibility Evaluation) $75.00/Hour (Hourly Rate of Service - Cancellation) $75.00/Hour (Hourly Rate of Service - Transitional Services) $15.00/Episode (Flat Rate per Referral Outside Weld County) $75.00/Hour (Court Testimony, 1 -Hour Minimum) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co -pay. Contractor will collect any applicable sliding scale co -pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 71" 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-0191 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-0191 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. 10 PY-09-10-CORE-0191 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. 11 PY-09-10-CORE-0191 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-0191 • 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 concem 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 PY-09-10-CORE-0139 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GREELEY COUNSELING CENTER, P.C. This Agreement, made and entered into the 3 day of 1,f 2009, 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: Term This Agreement shall become effective on June 1, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 2. Scone 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 a70©r- / %S-2 PY-09-10-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 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-0139 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). I. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-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. Traininv 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 ofAereement 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-0139 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 Name For CONTRACTOR: Jack J. Gardner. Psv.D. Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Jack J. Gardner. Psv. D. 1228 81° Street Greeley, CO 80631 19701356-8482 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 BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: PY-09-10-CORE-0139 REOF, the parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LO Chair W CONTRACTOR: i —4, ontractor 6 Garcia JUN -32009 o? - 767 PY-09-10-CORE-0139 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide evaluation, therapy and crisis intervention therapy services to individuals and families referred by the Department. Services include the following: a. Psychological Evaluations (Adult or Adolescent) — Evaluations utilize a multimodal approach specific to the client's needs using a variety of standardized personality tests (i.e., MMPI, MCMI), intelligence tests (i.e., WAIS-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. 7 PY-09-10-CORE-0139 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding, not to exceed $50,000.00. 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) $160.00/Hour (Interactional Evaluations) $160.00/Hour (Crisis Intervention Therapy) $ I20.00/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 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-0139 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 fmal 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-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 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. 10 PY-09-10-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. 11 PY-09-10-CORE-0139 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.` The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 12 PY-09-10-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 bathers 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 Ai Lama PY-09-10-CPS-0106 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GREELEY COUNSELING CENTER This Agreement, made and entered into the -day of.J(d)) e 2009, 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 Greeley Counseling Center, hereinafter referred to as "Contractor". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for Case Consultation and Training; 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, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 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 PY-09-10-CPS-0106 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-09-10-CPS-0106 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-09-10-CPS-0106 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-CPS-0106 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 pm -pose 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 Name For CONTRACTOR: Jack J. Gardner. Psy.D. Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley. CO 80632 (970) 352-1551 17. Lineation To: CONTRACTOR Jack J. Gardner. Psy.D. 1228 8th Street Greeley. CO 80631 (970) 356-8482 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 finding. 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-CPS-0106 patties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO4tA By: Chair William F. Garcia CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 JUN -3 2009 (>?D09- 497? PY-09-10-CPS-0106 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide case consultation and training services to the Department as requested. Services will be utilized to 1) preserve or maintain placement in a clinically appropriate level of care, 2) minimize the number of changes or transitions, and 3) meet permanency goals. 2. CONTRACTOR will provide Case Consultation services on a case -by -case basis or as part of a scheduled training. If appropriate, a brief report or letter will be provided to the Department. 3. CONTRACTOR will facilitate one -day trainings per a specific syllabus designed by the contractor that can include any one of the following lecture topics: a. Brain Development Thru the Life Span b. Se1GMutilative Behavior Thru the Life Span c. Eating Disorders Thru the Life Span d. Normal vs. Abnormal Sexual Behavior Thru the Life Span e. Munchausen's Syndrome By Proxy f. Mood Disorders Thru the Life Span g. Attachment and Bonding Thru the Life Span h. Assessment and Referral Questions i. How does treatment help? Monitoring Change. j. Axis I Disorders Thru the Life Span k. Axis II Disorders Thru the Life Span 1. Seasonal Affective Disorders Thru the Life Span m. Substance Abuse Disorders Thru the Life Span n. Disorders Commonly Seen in Children Lecture topics are followed by specific training regarding structuring referral questions, diagnosis, interview techniques, use of psychological rating scales/instruments, and mental status examination. Additionally, Case Consultation services can be utilized in conjunction with training to allow the caseworker to demonstrate the learned techniques. 4. Case Consultation and Training services will be provided by Jack J. Gardner, Psy.D. 7 PY-09-10-CPS-0106 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 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 $120.00/Hour (Case Consultation) $1,900.00/Day (Training) 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-CPS-0106 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. 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 9 PY-09-10-CPS-0106 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. 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 10 PY-09-10-CPS-0106 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. 11 PY-09-10-CPS-0106 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 concems. • 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-CPS-0106 • 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. 13 PY-09-10-CPS-0108 45/30 r - CHILD PROTECTION AGREEMENT FOR SERVICES Day. BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES q` AND IDEA FORUM, INC. /c This Agreement, made and entered into the, ay okj)1P 2009, by and between the Board of Weld County Commissioners, sitting as the Board of I luman Services, on behalf of the Weld County Department of C —r' 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: Term This Agreement shall become effective on June I, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 7. 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 Ilom 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 7'11 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 c2c 9-/a`%p PY-09-10-CPS-0 08 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. 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 incun-ed 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. 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 Pan 2. 2 PY-09-10-CPS-0108 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services. Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas: Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage. Weld County, Colorado, by and through the Board of County Commissioners of Weld County. its employees and agents, shall be named as additional named insured on the insurance. where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). Combined single limit - 5500,000 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. 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. PY-09- I 0 -CPS -0108 c. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. 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. 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. 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 rind 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 b} 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 he reasonably related to the amount of work or deliverables lost to the Department: 4 PY-09-10-CPS-0108 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 Name For CONTRACTOR: Marcela Paiz Name 16. Notice Social Services Administrator Title Chief Executive Officer/Executive Director Title All notices required to be given by the parties hereunder shall be given by certilied or registered snail 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR Marcela Paiz, CEO/Executive Director 2560 West 29th Avenue Denver, CO 802 [1 1 (303) 417-8280 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- I 0 -CPS -0108 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day month, and year first above written BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO*DO By: Chair William F. Garcia CONTRACTOR BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Contractor .0)9. JUN -3 2009 6 �1m 9 - is `7P PY-09-I0-CPS-0108 EXHIBIT A SCOPE OF SERVICES I. 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. Flours 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. 7 PY-09-I0-CPS-0108 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 $15.00/Episode (Urinalysis) $35.00/Episode (Urinalysis EtG) $165.00/Episode (Hair Follicle Testing) $6.00/Week (Breathalyzer, I-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. 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-CPS-0108 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. 7. 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. 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. If any section, subsection, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in. be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records, documents, communications, and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request, for a period of seven (7) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending. or until an audit has been completed with the following qualifications: Ilan audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven (7) year period, or i f 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-CPS-0108 10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. I I. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives. and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 2. 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. I5. 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 necessan 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 creatinu 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. 10 PY-09-10-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 (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 hr the Social Security Administration and Department of Homeland Security, and (b) otherwise kill 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. 8-17.5-1 01, 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-I 0 -CPS -01 08 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. 12 PY-09- I 0 -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 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 rTh V L.fi5/,;4 oiler PY-09-10-CPS-0093 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND INDIVIDUAL & GROUP THERAPY SERVICES rd This Agreement, made and entered into the day of y li /1 i 2009, 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 Individual & Group Therapy 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 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, 2009, 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 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. I (9909-X, 7F PY-09-I0-CPS-0093 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-CPS-0093 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CPS-0093 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-CPS-0093 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 Name For CONTRACTOR: Kim Ruybal, MA, LPC, NCAC II Name 16. Notice Social Services Administrator Title Executive Director/Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Kim Ruybal, MA, LPC, NCAC II 1020 8'h Street Greeley, CO 80631 (970) 353-8171 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-I0-CPS-0093 IN WITNESS WH the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORA I� By: F. it William F, arcia CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 Contractor cgr JUN -3 2009 o?tv9 —/cQ %� PY-09-10-CPS-0093 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide Anger Management and Domestic Violence services to male and female adults and juveniles, including developmentally disabled individuals, in Weld County. 2. CONTRACTOR will provided Anger Management and Domestic Violence services utilizing assessment tools including the Shipley Institute of Living Scale, Millon Clinical Multiaxial Inventory (MCMI), Minnesota Multiphasic Personality Inventory -II (MMPI-II), STAXI-2, SASSI Questionnaire, Jesness Inventory and the Hare PCL-R. 3. CONTRACTOR will complete an intake on each referred client prior to development of a treatment plan. 4. CONTRACTOR will submit a written document outlining recommendations for treatment, further assessment, and risk to repeat similar behavior. The evaluation will determine the best placement for the client in regards to treatment. CONTRACTOR will provide a copy of the evaluation to the caseworker. 5. CONTRACTOR will comply with the Colorado Domestic Violence Offender Management Board's Standards and Guidelines. Domestic Violence services include a minimum of thirty-six (36) 90 -minute sessions. Groups meet weekly. 6. Anger Management services include a minimum of thirty (30) 90 -minute sessions. Groups meet weekly. 7 PY-09-10-CPS-0093 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 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 $575.00/Episode (Anger Management/Domestic Violence Evaluation - Office) $625.00/Episode (Anger Management/Domestic Violence Evaluation - Off Site) $200.00/Episode (MMPI-II Administration only with written report) $65.00/Hour (Individual, Couples or Family Counseling) $65.00/Episode (Intake Sessions) $35.00/Episode (Group Sessions) $100.00/Hour (Court Facilitation, 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 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-CPS-0093 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-CPS-0093 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. 10 PY-09-10-CPS-0093 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-CPS-0093 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety 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. • Providers should continually provide recommendations about whether any out -of -home placement continues 12 PY-09-10-CPS-0093 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. 13 Li -u L251.912>,.,_L) PY-09-10-CORE-0140 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND INDIVIDUAL & GROUP THERAPY SERVICES rd This Agreement, made and entered into the day of \/,p n P_ 2009, 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 Individual & Group Therapy 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 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: Term This Agreement shall become effective on June 1, 2009, 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 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 c9oo9- /c2 2cP PY-09-10-CORE-0140 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-09-10-CORE-0140 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CORE-0140 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. 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-0140 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 Name For CONTRACTOR: Kim Ruvbal, MA, LPC, NCAC II Name 16. Notice Social Services Administrator Title Executive Director/Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 f970) 352-1551 17. Litigation To: CONTRACTOR Kim Ruvbal, MA, LPC, NCAC I1 1020 8'" Street Greeley, CO 80631 (970) 353-8171 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-0140 IN W I "ti'' :r' OF, the parties hereto have duly executed the Agreement as of the day, month, and year first above A is BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL Chair 11ia`m F. Garcia CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 P 1 Contractor JUN -3 2009 0?OC)9-/,?"t PY-09-10-CORE-0140 EXHIBIT A SCOPE OF SERVICES L CONTRACTOR will provide mental health services to male and female adults and juveniles, including developmentally disabled individuals, in Weld County, as referred by the Department. Services include: a. Evaluation Services - Consisting of two (2) to four (4) hours of face-to-face interview followed by psychometric assessment. Assessment tools include the Shipley Institute of Living Scale, Millon Clinical Multiaxial Inventory (MCMI), Minnesota Multiphasic Personality Inventory -II (MMPI-II), STAXI-2, SASSI Questionnaire, Jesness Inventory and the Hare PCL-R. b. Individual, Couples and/or Family Counseling — Face-to-face contact to address specific identified areas of concern, trauma and/or conflict. 2. CONTRACTOR will complete an intake on each referred client prior to development of a treatment plan. 3. For evaluation services, CONTRACTOR will submit a written document outlining recommendations for treatment, further assessment, and risk to repeat similar behavior. CONTRACTOR will provide a copy of the evaluation to the caseworker. 4. For counseling services, 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. 5. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0140 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 $575.00/Episode (Mental Health Evaluation - In -office) $625.00/Episode (Mental Health Evaluation - Off site) $200.00/Episode (MMPI-II Administration only with written report) $65.00/Hour (Individual, Couples or Family Counseling) $100.00/Hour (Court Facilitation, 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 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-0140 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-0140 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. 10 PY-09-10-CORE-0140 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 employess, 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-0140 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. • Providers should continually provide recommendations about whether any out -of -home placement continues 12 • PY-09-10-CORE-0140 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. 13 v lJ ,L5/s2 �1 PY-09-10-CORE-0160 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND INDIVIDUAL & GROUP THERAPY SERVICES rd y� This Agreement, made and entered into the,.." day of w.,11,), a 2009, 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 Individual & Group Therapy 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 Core Services funding to the Department for Sex Abuse Treatment (Offense Specific); 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, 2009, 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. 1 20 9-"a 7Y PY-09-10-CORE-0160 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-09-10-CORE-0160 Included is 45 C.F.R. Part 74 Appendix G 9. which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department's families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CORE-0160 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-0160 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 Name For CONTRACTOR: Kim Ruvbal, MA, LPC, NCAC II Name 16. Notice Social Services Administrator Title Executive Director/Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Kim Ruybal, MA, LPC, NCAC II 1020 8u" Street Greeley, CO 80631 (970)353-8171 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-0160 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD 1.7?COUNTY, COJgORA`� Chair /a William . Garcia CONTRACTOR: 6 ll Pm - Contractor JUN -3 2009 2o9- 1a 7c PY-09-10-CORE-0160 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide offense specific evaluation and treatment services to male and female juveniles and adults, including developmentally disabled individuals, in Weld County, as referred by the Department. Services include: a. Evaluation Services - Consisting of two (2) to four (4) hours of face-to-face interview with the referred juvenile, and/or parents when necessary, followed by psychometric assessment. Assessment tools include the Shipley Institute of Living Scale, Millon Clinical Multiaxial Inventory (MCMI), Minnesota Multiphasic Personality Inventory (MMPI), Minnesota Multiphasic Personality Inventory (MMPI) - Juvenile Version, STAXI-2, SASSI Questionnaire, Jesness Inventory, Jesness Inventory -Juvenile Version, Multiphasic Sex Inventory (MSI), Multiphasic Sex Inventory (MSI)-Juvenile Version, Penile Plethysmograph (PPG), Wilson Sex Fantasy Questionnaire, and the Hare PCL-R, Hare PCL-Youth Version. b. Penile Plethysmograph (PPG) — An assessment used to determine sexual arousal patterns and identify potential treatment needs related to deviant sexual arousal. Services include administration of the PPG and a written statement of the findings. c. Arousal Management — An assessment used to help deter deviant arousal patterns and used in conjunction with the PPG and clinical interpretation of healthy sexual fantasies. d. Sex Abuse Individual, Couples and Family Treatment — Face-to-face contact with the individual, couple or family to address specific identified areas of concern, trauma and/or conflict. e. Sex abuse Group Therapy for Adults — Gender -specific groups with curriculum that addresses, but is not limited to, cognitive restructuring, anger management, assertive communication, the cycle of sexually violent behavior, core beliefs, victim impact and empathy, stress management, how children and families are impacted by personal choices and formulation of a relapse prevention plan. Treatment is conducted in four phases that meet one to two times per week. f. Chaperones Group — Educational group for the non -offending parent or caregiver who may supervise children in the presence of the offending parent. Curriculum includes, but is not limited to, rules and guidelines, the offense cycle, Rational Emotive Therapy, irrational beliefs, thinking errors, consent and the SAFE formula, and victim empathy. g. Juvenile Sex Offense Specific Treatment and Groups — Treatment for youth who have been convicted of a sexual assault and have been found appropriate for community based treatment. Curriculum includes, but is not limited to, cognitive restructuring, consent, types of violence, sex education , victim empathy, sexual offense cycle, assessing deviant vs. non -deviant thoughts and behaviors, covert sensitization, prevalence of sexual offending, and power and control dynamics related to sexual offending. h. Informed Supervision (Juveniles Only) — Education for the identified parent or caregiver who will supervise the offending youth. Curriculum includes, but is not limited to, Guiding Principles of the Colorado Standards for Treatment for Juveniles who Sexually Offend, Ecological Model, goal orientation, evaluation process, Treatment Outcomes Summary, Informed Supervisors, types of illegal sexual behavior, defense mechanisms, cycle of sexual offending, universal goals, safety planning, SOMB supervision protocol, Informed Supervision Initial Caregiver -Juvenile Supervision Plan, and therapeutic care protocol. Each informed supervision training will occur over (3) hours i. Family Reunification — Therapy utilized for juveniles who have completed sex offender treatment and are reintegrating into the family/home. Therapy will involve all family members, including the victim if the victim resides in the home, and a safety plan will be established to ensure continued safety in the home. 2. Evaluations will only be conducted by Kim Ruybal, MA, LPC,NCAC II. 3. All services will comply with the Colorado Sex Offender Management Board's Standards and Guidelines for for juveniles, adults and developmentally delayed offenders. 7 PY-09-10-CORE-0160 4. The Department will pay for one (I) polygraph per year per referred client. At this time, CONTRACTOR utilizes Chuck H. Marshall Polygraph Services, LLC. 5. For evaluation services, CONTRACTOR will submit a written document outlining recommendations for treatment, further assessment, and risk to repeat similar behavior. CONTRACTOR will provide a copy of the evaluation to the caseworker. 6. For ongoing services, such as therapy and groups, 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-09-10-CORE-0160 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 $900.00/Episode (Evaluation with PPG - In -office) $1,150.00/Episode (Evalation with PPG - Off -site) $700.00/Episode (Evaluation without PPG) $250.00/Episode (Penile Plethysmograph) $250.00/Polygraph (Sex History) $225.00/Polygraph (Maintenance) $65.00/Episode (Arousal Management) $65.00/Episode (Intake) $65.00/Hour (Individual, Couples or Family Counseling) $35.00/Per Person/Group (Phase One, Three or Four - Adult Sex Abuse Group) $40.00/Per Person/Group (Phase Two - Adult Sex Abuse Group) $35.00/Per Two People/Group (Chaperones Group) $35.00/Per Person/Group (Juvenile Sex Offense Specific Treatment Group) $52.50/Per Person (Informed Supervision -Juveniles Only, 3 -hour training) $65.00/Hour (Family Reunification) $100.00/Hour (Court 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 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. 9 PY-09-10-CORE-0160 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-09-10-CORE-0160 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 mailers 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-09-10-CORE-0160 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-09-10-CORE-0160 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-09-10-CORE-0160 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department's contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. • Providers should continually provide recommendations about whether any out -of -home placement continues 14 PY-09-10-CORE-0160 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-09-10-CORE0117 pa b u C7,57% CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER This Agreement, made and entered into the l(1 day of '' w -I 2009, by and between the Board of Weld County Commissioners, sitting as the Board of Homan Services, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department," and Jubilee Retreat Center, hereinafter refereed to as WI7NESSETH WHEREAS, required approval, clearance, and coordination have been accomplished firm and with apptopriXte agencies; and WHEREAS, the Colorado Department of Human &.vita has provided Core Services funding to the Department for Faster Parent Consultation; and NOW THEREFORE, in consideration of the premises, the parties term covenant and agree as follows: 1. Term This Agreement shall became effective on June I, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein_ 2. Scone of Services Services shall be provided by CONTRACTOR to any person(s) eligible for child protection services in compliance with Exhibit A "Score of Services," a copy of which is attached by nf..a., .. 3. P _ a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," of which are attached hereto and incorporated herein by "Payment Schedule shall establish the mncimrmh reimbursement, which will be paid from Core Services funding during the duration of this Ag,..Jlttat 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 cast was incurred. If the billing is of submitted within twaty-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 fir, 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 Ag,.a.nL. 1 ,2er9-/o? %S PY-09-10-CORE4T1 I7 4. Financial Management At all times from the effective dale 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 aid OMB Circular A- 133_ 5. Payment Method Unless otherwise provided in the Snipe of Services and Payment Schedule a. CONTRACTOR shall provide propermonlhly invoices and itemization of services pafonned fir costs incurred 'lithe performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the rmancial Management Requirements, angran objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such cirwmsance to the Director of Human Services The decision of the Director of Masan Services shall be final. 6. As saacs CONTRACTOR shall abide by all assruatrs as set forth in the atadued Exhibit C, which is attached hereto and incogxxated herein by n.4%..... 7. Compliance with Aidicable laws At all times during the performance of this contact, 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 applicanthecipiait records, papers, document, tapes and any other materials tint have been or may hereafter be established which relate to the Contract CONTRACTOR acknowledges that the following laws are included TdkVIoftheColRights Act of1964,42USC. Sections 2000d-1 eta aid its in�laiuding regulation, 45 C.F.R. Pat 80 gt, ; and Section 504 ofthe Rehabilitation Act of 1973, 29 U.S.C. Section 794, aid its implene ling regulations, 45 CFI_ Part 84; and the Age Dram Act 011975,42 U.S.C Sections 6101 rat seq. and its implementation aYtion regulations, 45 CF.R_ Pat 91; and - Title VII tithe Col Rights Act of 1964; and the Age Disaimthatien in Employment Act of 1967; and the Equal Pay Act of 1963; aid the Education Amendments of 1972 and Immigration Reform and Camel Act of 1986, P.L 99.603; - 42 CF.R. Part 2 and all regulations applicable to these laws pmhibiting 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-0117 Included is 45 C_FR Pact 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 propose 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 SaVL ,s or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Cleld 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 perfamnce 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, pamanen y aid well being. Contractors providing services in program area identified by the Department we 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 of through its employer as applicable to the Contractor's business, at its own wane, 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 (Pt. & PD) (Minimum). Combined single limit - 5500,000 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 5500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Catificate 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-0117 c. Automobile Liability (Mim®rm) fir any Contractor transporting children a 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 oompkted Standard Certificate of Insurance Farm shall be provided to the Department by the Contractor prior to the start of any contract. 10. Calibrations CONTRACTOR certifies that, at the time of a toting into this Contract, it has curia* 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 fir 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 fa by the Department. The Department will not compensate the Contractor for the time spat attending the rained ed trainings. 12. MultiMate 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 Commissions, the Department and CONTRACTOR. CONTRACTOR shall permit the Department, and arty other duly authorize( agent or governmental agency, to monitor all activities atmducted by CONTRACTOR pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion dean necessary or appropriate, such program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedinees. All such monitoring shall be perfumed in a manner that will at unduly interfere with agreement work. 13. Modification of Araamert MI nnthficati is to this agreemat 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 fond 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 eorections in performance are satisfactorily completed: b. Deny payment or recover reimbursement far those services a 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-lo-CORE-0117 c. loconect payment to CONIRACIOR due to mission, are, fraud, adkrdefectioa shall be reoovaed from CONTRACTOR by dedtrctien from subsequent payments miler this Agreement or eta agreements between the Deportment 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 at hereby designated representatives of the respective pieties Either party may from time to time designate in writing a new or substitute representative(s): For the Department Cloth Ramam+T Name For CON1RACTOR: Lai Kodheva. MS. IPC Name 16. Notice Social Services Administrator Title Owner Title All notices required to be given by the parties heretmder shall be given by certified or registered mail to the individuals at the addresses set faith 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 lady A. Caiegn. Dbacaor P.O. Box A Greeley. CO 80632 (970)352-1551 17. L To: CONTRACTOR Lori Kochera. MS.TPC 6445 The tfidnica Longmont. CO 80503 (970)352-8873 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 in that involves services provided oiler this Agreement. CONTRACTOR, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any Ideal or state court or administrative ag tcy, shall deliver copies of such document(s) to the Human Services Director. The tam litigation- includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 18. Termination This Ag evnt may be tammated at any time by ether ply Oven thirty (30) days written notice aid is subject to the availability offunding.CONTRACTOR reserves the right to suspend services to thesis if finding is no longs avai�e. 19. Entire Asseem7t This Apeman, 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-0117 IN WITNESS WHEREOF, the parties hereto have duly mead the Agreement as ofthe day, modh% and year fast above BOARD OF COUNTY COMMISSIONERS WEIR COUNTY, CO chair William F. Garcia CONTRACTOR: BY JUN -3 2009 6 ‘.76119- 427'41 PY-09-10-CORE-0117 EXHIBIT A SCOPE OF SERVICES !. CONTRACTOR will provide consultation for children and youth residing in Weld County faster homes as referred by the Department. The goal of the program is to enhance and improve the quality of care being provided to Weld Comity's children and youth. 2. CONTRACTOR will work collaboratively with children, foster patents, raseworkas, foster care coordinators and other savior: providers to identify' and address issues, in a solution -focused manner that could potentially disrupt placement 3. CONTRACTOR will follow up with referred faster family within 4$ 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 faster family with regard to recommendations. 5. CONTRACTOR will assess faster families abilities and capacity on an ongoing basis to appropriately care for the faster children in their home and report this information on a monthly basis to the Department. 6. CONTRACTOR will identify in detail areas of continued amen and make recommendations to the Department regarding oontinuatian 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 amoern 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 fa each active ec&..aL Reports will be submitted per the online format required by the Department 9. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-1 0.CORE-0117 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in considaatim for the work and services pufw from Core Services finding. not to exceed 515,000.00 _ Expenses incurred by CONTRACTOR, in association wi h 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 finds for the purposes hereof. In the wad that said funds, or any part thereof become unavailable as determined by the Department, the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $95.00 Hour (Foster Parent Convdtaion) Department referrals will not be salt to collections by Contractor for default of co-pay/fees. Suva.cs 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. MI billings are to be submitted by the 7's 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 attaded 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-lo-CORE-o117 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independat contractor and that its offices and employees do net 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 Conanissionas of Weld County, iis officers and employees, shall not be held liable fix injuries or damages caused by any negligent acts or omissions of CONTRACTOR -contracted CONTRACTOR a its employees, volunteers, or agents while performing duties as described in this Agreemau. CONTRACTOR shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld Canny, its employees, volunteers, and agents. CONTRACTOR shall provide adequate liability and worker's computation 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 cleaned to constitute a waiver of any imnnmities the parties or their offices or employees may possess, not shall any portion of this Agreement be deemed to have seated a duty of care with respect to any persons net a party of this Agreement. 4. No portion of this Contract shall be deemed to crate an obligation on the part of the County of Weld, State of Colorado, to expend finds nit 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 calm 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, mamba or employee of Weld Costy 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 Tide VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, need, color, sex, or national origin, be excluded from participation in, be denied the benefits o4 or be otThawise subjected to discrimination under this apprved Contract 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, asrent, separate, and complete disclosure of the sums 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. AU such records, door ads, camnmi ations, and other materials coated 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 node 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-0117 10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during business hors, have access to inspect any copy records, and shall be allowed to monitor and review through oursite visits, all contract activities, supported with fords 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 fording sauces. 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 potties. 12. CONTRACTOR certifies that federal appropriated funds have not ham paid or will be paid, by or on behalf of CONTRACTOR, to any person far influencing ncing or attempting to influence an officer or employee of an agency, a Manlier ofCeogress, 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 agreanent, and the extension, continuation, renewal, anawhnert, or modification of any Federal contract, loan, giant, or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state law& CONTRACTOR nmdestads that the source of fiords to be used under this Contract is Cote Services fords. 14. CONTRACTOR assures and certifies that it and its principals: a Are not presently debarred, suspended, proposed for deba rent, declared ineligible, or voluntarily excluded from covered transaction by a federal department of agency. b. Have not, within a three-year period preceding this Agremrst, 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 nit a public transaction; violation of federal or state antitrust statutes or commission of cnbenlemem, theft forgery, bribery, falsification or destruction of records, caking false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a govermnent entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 12 of this cettifcatimn; and d. Have not, within a three-year period preceding this Contact, 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 far the contractor to gain from knowledge of these apposing interests. it is only necessary that the contractor know that the two relationships we in opposition. Daring the term of the Contract, CONTRACTOR shall not eater any third party relationship that gives the appmanoe 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 discbsro statement setting frith the details drat create the appearance of a oonflid of interest. Failure to promprly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause, of its contract with CONTRACTOR. 10 PY-09-10.CORE-0I 17 16. CONTRACTOR shall protect the rnad9dwtiality 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, =information about or obtained from any applicanthec pient in possession of CONTRACTOR shall be disclosed inform identifiable with the applicantkecipient 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 requiremans. CONTRACTOR shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these co fide+mlity requirements before access to confidential data is permitted. CONTRACTOR shall have its employees, agents, and suboantractors, 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 oftbis contract is infmmation relating to a party's research, dal ,ant trade secrets, business affairs, internal operations and management procedures and those of its customers, cleats or affiliates, but does not include information (I) lawfully obtained flan third parties, (2) that which is in the public domain, or (3) that which is developed iodependaWy.Nei her party shall use or disc -lose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information renwved 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 backgrommd record checks for all employees, contra tors, and sib -contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, d seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Comma 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, warrntts, 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. 8-173-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation amder 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. 8-173-101, 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 CRS. 24-76.-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.&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 CRS. 24-763-101, et seq., and (c) shall produce one of the forms of identification required by C.RS. 24-763-103 prior to the effective date of this Contract. 11 PY-09-10-CORE-0117 EXHIBIT D CHILD rend FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examiners child welfare service oothbntcs in duce areas; Safety, Penney and Well Bring 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 Perfennance Improvement Program (PIP) will be implemented for the state to enhance services to Flies. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes fir families we in place.. All agencies that aataet to provide service to families ad children in Weld County must cxatinually strive fir positive outcomes in the areas of safety, penmoency and well-being for our youth. In order to inane continued progress in this area, the Department is tapering providers to comply with a sindard assessment and reporting system which will address these three areas.' The Department is requesting that provider reports include observations and recamn nthtions 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 seas of safety, permanency aid well-being, folbwed 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 fir the Depmtmmt'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 we considered mare when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection_ o RisE is the likelihood (chance, potential, prospect) for parenting behavior that is Immfd and destructive to a child's cognitive, social, emotional and/or physical development, ad those with patenting responsibility are unwilling or unable to behave differently. • Monthly reports should continmaly document an assessment of risk ad safety cancans 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). • Provides must specifically decanter* of urn to engage families in services and to control for safety. Permanency Ortcoaaes CFSR Outcome Measures Permanency t Children have peammenty and stability in their living situations. Permanency 2 The continuity of fatly relationships and connections is preserved fir children. Considerations fir the Department's providers: • Provider reports should always note the primary permanen y goal kw 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 recanamdations regarding how the continuation of the service may assist in achieving the goal. • Providers should continually provide aiomnneodatious about whether any out -of -home placement continues 12 rv-o9-lo-CORE-0117 continues to be appropriate and should mate recommendations regarding when changes in this area should be made, in the providers' opinion_ • Providers should continually assess firmly DTs (puert/child, smbling/sibling, extended family/child, etc.) and should report any concerning rdatimship issues which may be a barrier to achieving pamine:my. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Provides must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family We®-Baiag Ou ea CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their dnkdren'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 nods. Considerations fir the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately we for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly report. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service amtimes to be appropriate. Reports should also document what harriers may be impedi'g 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 additions sat 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 peed. 13 t PY-09-10-CPS-0095 CHID PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER This Agreement, made and entered into the /2) day of ink 2009, by and between die Board of Weld Comity Commissioners, silting as the Board of Human Services, behalf of die Weld County Department of Human Services, hereinafter referred to as the "Department," and Jubilee Retreat Ceder, hereinafter referred to as "Contractor". WITNESSEITI WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Humor Services has provided Child Welfare Administration funding to the Department for Foster Parent Trairin& 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, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 2. Scone 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. AMA a. Payment shall be made an 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 Agrmn. _ dt. 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 asst was incurred. If the billing is net 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 perfumed prior to the execution of this Contract shall not be reimbursed or considered part of this Ale,... fsat 1 ‘,?co9 PY-09-10-CPS-0095 4. Financial Maneanent At all times from the effective date of this Contract will completion of this Contract, CONTRACTOR shall comply with the administrative requirements, coat principles and other requirements set forth in the Financial Management Manual adopted by the Stile of Colorado. The requited annual audit of all fiords expended under Core Service funding must confbnnn to the Single Audit Act of 1934 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Savices and Payment Scheme: a_ CONTRACTOR shall provide piper modhly invoices aid itathation of services performed fir costs incurred in the pafumance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements, program objectives, contractual tams, or reporting requmenments. In the event of a forfeit= of reimbms®tents, CONTRACTOR may appeal such circuvtstanc:e to the Director of Human Services. The decision of the Director of Him= Services shall be final 6. Assurances CONTRACIOR shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by refaahce. 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 confidaniality 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 US.C. Sections 2000d-1 d seq. and its implementing regulation, 45 CFR Part 80g and Section 504 ofthe Rehabilitation Act of 1973, 29 US.C. Section 794, and its miplanatfmg regulations, 45 CFR Pat 84; and the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 rut wq and its implementation regulations, 45 CFI_ Pat 91; and Title VB ofthe Civil Rights Act of 1964; and the Age DaaimibRian in Employment Act of 1967; and the Equal Pay Ad of 1963; and the Education Amendments of 1972; and Immigration Reform and Control Act of 1986, Pi. 99-603; 42 C.F.R. Part 2 and all regulations applicable to these laws pndu'biting discrimination because of race, color, National origin, and sex, religion and handicap, including Acquired Immune De 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 Departument will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-09-I0-CPS-0095 Included is 45 CF.R. Put 74 Appendix 69, 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 Ihnnan Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Gild and Family Sea km Review The Child and Family Services Reviews (CFSR) examines child wetfue service neurones 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 Mate to enhance services to families. CONTRACTORS providing services to the Department families and children minst continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas idemfied 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. Instance 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 Bond 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 statue 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 Sl million_ 3. Provider met 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 cannon. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CPS-0095 c. Automobile Liability (bfmimmm) for any Contractor transporting children or any party to whom Deparimad services are being provided - d_ Additional coverage may be required in specific program areas. For my insurances that are required by this contract, a completed Standard Certificate of Insurance Form shall be provided to the Department by the Connatu. prior to the start of any contract 10. Catifmaws 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 contact. 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 fir by the Department. The Contractor may be required to attend additional gaining at the request of the Department. The cost of such training will be paid for the Deportment. The Department will not compensate the Contractor for the time spent attending the 1°quired training - 12. Monting 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 17 10111110. all activities conducted by CONTRACTOR pursuant to the tans of this Agreement As the monitoring agency may in its sole discretion dean 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 Mumma* All titles to this agreement shall be in writing aid 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 satisry 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 c rrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement fir 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-I0-CPS-0095 Tacorect payment to CONTRACTOR the to omission, error, fraud, and/or deSkafion shall be recovered than CONTRACTOR by deduction than subsaepueot payments render this Agreement or other agreane is between the Dcparimat and CONTRACTOR, or by the Depaummt as a debt due to the Deparhneot or otherwise as provided by law. 15. Reatesalsives 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 Romans& Name For CONTRACTOR Lori Korbevar. MS. LPC Name 16. Notice Social Services Bator Title Owner Title All notices required to be given by the parties haamder 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 Judy A GrieaL Director P.O. Box A Greeley. CO 80632 (970)352-1551 17. 'iotiosh To: CONTRACTOR I on Kotfievar. MS. LPC 6445 the Hiehway Longnxn. CO 80503 (970)352-8873 CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a patty 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 cant or administrative agency, shall deliver copies of such documemn(s) to the Human Saviors Director_ The tam 'litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclose. 18. Tam®tion This Agreement may be terminated at any time by either party given thirty (30) days wrinen native and is subject to the availability of finding. CONTRACTOR reserves the right to suspend services to client: if finding 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-CPS-0095 IN WITNESS WHEREOF, the parties hereto have duly awaited the Agreement as of the day, mesh, and year first above WELD COUNTY DEPARTMENT OF HUMAN BOARD OF COUNTY COMMISSIONERS WILD COUNTY, CO 6 at Wi`lriam 1i. Garcia JUN -3 2009 �cby /976' PY-09-10-CPS-0095 EXHIBIT A SCOPE OF SERVICES L CONTRACTOR will provide training for Department foster families. Training includes Core Foster Parent Training for Dt.twhuc.d foster horn applicants (as scheduled by the Department) and monthly Faster 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 -hoe training that includes, but is not limited to, a complete review of the Weld County Foster Parent Handbook, as well as information on the following: a. Effects of fostering on the foster family. b. Foster care resources and refermoes. c. Balancing needs (team approach to kisser care). d. Roles and responsibilities of foster parents. e. Reasons fir and determination of placement of children. f. Appropriate bormdaries. g. Doaanentrtion h. Structured house procedures. i. Working with biological family members. j. Overview of abuse. Ic. Effective parenting. I. 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 parading. 3. Foster Parent Education Groups will be conducted on a monthly basis and will be educational in nature. CONTRACTOR will identify a topic fir each !gaup. Topics may include, but are not limited to, permanency, wellbeing of foster families, placement issues, behavioral management, issues regarding biological children in the foster home, transition and loss, mhplemadation of treatment plans, and discipline in the home. CONTRACTOR 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 faster parent groups. 5. The Department may cancel Care Foster Parent Training one week prier to a scheduled date if less than five (5) individual applicants are signed up. 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 faster children in their home and report this information to the Department 8. 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. 7 PY-09-10-CPS-0095 9. CONTRACTOR will document in detail any and all observed car 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 pa law. 8 PY-09-10-CPS-0095 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration fir the work and services performed from Child Welfare Administration finding, 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 be reimbursed by the Department. Payment pursuant to this Contract, if Child Welfare Administration foods, whether in whole or in part, is subject to and contingent upon the continuing availability of said finds for the purposes hereof. In the event that said foods, 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/Pa-son/Group (Foster Parent Ebocation Group) 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 wee 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'a 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 ed forms, Authorization for Contractual Services, Request for Reimbursement, Client Verification Form and monthly report The Authorization fir Contractual Services and Client Verification Form must be submitted with original signatures. c. For monitored sobriety, proof of services tendered shall be a sign -in sheet with client signatures or the test result 9 PY-09-10-CPS-0095 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its offices 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 ace or omissimas of CONTRACTOR -contracted CONTRACTOR or its employees, votwnteas, or agents while performing duties as described in this Agreement. CONTRACTORshall 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 compeaior ingrate for all its employees, voltmeters, 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 cleaned to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be cleaned to have seated a duty of care with respect to any pasons not a party of this Agreement. 4. No portion of this Contract shall be cleaned to create an obligation on the part of the County of Weld, State of Colorado, to expend feeds 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 aflea the validity of the remaining portions. The panics 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 a invalid. 6. No office, 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 Tale VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, aged, cola, 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 sufficing, 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 a 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, comntuniations, and other materials created pursuant a 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, a 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-09-10-CPS-0095 10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during business horns, have access to inspect any copy records, and shall be allowed to monitor and review through en-ske visits, all cataract activities, supported with fiords under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the perfoin race of the Ago.,.RRnt shall be conducted by appropriate finding son. The results oldie monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto, their socoasscrs, 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 finds 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 gram, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, anenxhnert, 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 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 then 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, then, 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, a 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 Cataract, had one or mare public transactions (federal, state, and local) terminated far 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 aeate the appearance of a conflict of interest, it is not necessary far 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 tam 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-09-I0-CPS-0095 16. CONTRACTOR shall protect the confidentiality of all applicant retards and other materials that are maintained in accordance with this Contract Except for purposes directly =meted with the administration of Child Protection, no informafion about or obtained from any applicamlrecipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the appliant/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 requirement 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 infmmtian 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 pities, (2) that which is in the public domain, or (3) that which is developed independemly.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 (CRS.) 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. 8-173-102(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. 8-175-101, 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. 24-763-103(3), if Contractor receives federal or state finds 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 CAS. 24- 763-103(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. 24-765-103 prior to the effc>ki.., date of this Contract. 12 PY-09-10-CPS-0095 EXHIBIT D CHID 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 earth state's p... fi r rs•. 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 Catty must continually strive for positive outcomes in the areas of safety, permanency and well-being fir 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 Chubut 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 • Provides should always censider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no pressed dangers or impending danger threats, or the caregivets' 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, potenial, prospect) for parenting behavior that is harmful and destructive to a duld'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 duld(ren). • Providers must specifically document efforts to engage families in services and to control fen safety. Penning Outcomes CFSR Outcome Measures Pt..oano...y l Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports nest indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. • Providers should continually provide recommendations about whether any out -of -home placement continues 13 PY-09-l0-CPS-0095 continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Pmvidas should continually assess family relationships (paremkbi1d 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 awl Family Weil-Belag Oatcames CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their chip's needs. Well Being 2 Children receive appropriate services to meet their educational nods_ Well Being 3 Children receive adequate services to rued 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 nay be wing 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 endations regarding evaluations and/or additional services that nay 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 raced 14 PY-09-I0-0ORE-0125 CHILD PAOTECI1ON ACMEEMErfT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER This Agreement, made and entered into the/0 day of /nal 2009, 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 "Depammehf," and Jubilee Retreat Center, hereinafter blared to as "Cumuatm". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of HUD= Services has provided Core finding to the Department for Lifeskills (Bonding Pmgram); and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This Agreemennt shall become s.lfh.,4v on June 1, 2009, upon proper execution of this Agreenraa and shall expire May 31, 2010, unless sooner terminated as provided herein. 2. Score 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. eftrtheg 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 maxim® reim6atsement, which will be paid fiom Core Services funding during the duration of this Ag eanerrt b. CONTRACTOR shaft submit an itemized monthly bill to the Department fir all costs inured 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 incased pntahnnt to this Agrmment is expressly contingent upon the availability of Cue Services to the Department. d. The Depart at shall not be billed far, and reimbursanatt shall not be nude 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 Pv-09-10-CORE-0125 4. Financial Management At all tugs from the effective dale of this Contract until completion of this Conaal, CONTRACTOR shall comply with the administrative requi enteots, oast principles and other requinemeuts set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all fiords expended under Core Service finding must conform to the Single Audit Ad of 1984 and OMB Circular A- 133. 5. thingthilabld Unless twice provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper moodily intunes aid ism of services patterned fir 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 Requires, program objectives, contractual tans, or reporting requirements. In the event of a forfeiture of reimbhasanents, 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 shill abide by all assaa,ces as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by to rlahz. 7. Compliance with Applicable Laws At all times diaing the performance of this ct dract, 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 appliwrt/rocipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Contact. CONTRACTOR acknowledges that the following laws are included: Tale VI of the Civil Rights Ad of 1964, 42 U.S.C. Sections 2000d —1,M Kik and its lehphme ring regulation, 45 CPu Pat 80 gfsat; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, aid its implementing regulations, 45 C.F.R. Pat 84; aid the Age Disaimimtiah Ad of 1975, 42 U.S.C. Sections 6101 a seq. and its implementation regdatiaos, 45 CF.R_ Part 91; and Tide VII of the Civil Rights Ad of 1964; aid the Age Discrimination in Employment Ad of 1967; and the Equal Pay Act of 1963; and the Edavtion Amendments of 1972; aid Itanigaia Reformad Cool Ad of 1986, P.L. 99.603; 42 CF.R. Pat 2 and all regulations applicable to these laws prohibiting disdimiration because of race, color, National origin, and sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related coalitions, 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 Pant 2. 2 PY-09-1000RE-0125 Included is 45 C.F.R. Pat 74 Appendix G 9, which sequins that affirmative steps be taken to assure that small and minority businesses are utilized, when passable, as sources of supplies, =payment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state fimmial 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 Hunan Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child a idFamily Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of fa®lies. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress ova time. Following the review, a Program ingnovanent Plan (PIP) will be implemented for the state in enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive mtomes in the arras of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard asses and reporting system set forth in Exhibit D which will address the afomnerniened three a. 9. Insurance CONTRACTOR, shall =roam, 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, ty, 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 mvumoq where permissible by the insurance provider. a. Standad 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 both - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than SI million. 3. Provider rest purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each caxnprehensive 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-0125 c. Automobile Liability (M®mi) fir any Contractor transporting children or any party to whom Department semi= are being provided. d. Additional coverage may be required in specific program meas. For any maces 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. Ca6Egtiats CONTRACTOR aatifies that, at the time of entering into this Contract, it has curmtly in effect all necessary licenses, approvals, issuance, 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 Coot Testimony and Ethics Training to be paid for by the Department The Contractor nay be required to attend additional training at the request of t e Department. The cost of such training will be paid for the Department_ The Department will not compensate die Contractor for the time spec attending the required trainings. 12. Monitoring and Evahation CO)NT RACfOR 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 Conan inners, the Department and CONTRACTOR. CONTRACTOR shall permit the Department, and any other duly attired agent or governmental agency, to monitor all activities conducted by CONTRACTOR pursuant to the trams of this Agreanent. As the monitoring agency nay in its sole discretion dean 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 ioterfae with agreement work. 13. Modification ofAgreement All modifications to this agreement shall be in writing aid signed by both panties 14. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find CONTRACTOR substamally 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 mrelions in perfanance are satisfactorily ; b. Deny payment or recover reonbusenam 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 die Department 4 PY-09-10CORE-0125 Incorrect payment to CONTRACTOR due to anion, ant, trod, and/or defalcation shall be recovered tram CONftACIORby deduction from subsequent payments at this Agreanent 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. Repreaernatives For the purpose of this Agrumatt, the individuals idauifiod 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 Raaamrk Mane For CONTRA C TOR: Lai Rachman, MS. LPC Name 16. Notice 17- 18. Social Saviors Administrator The Owner Tale 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 sat To: The Department Idly A. Crum Director P.O, Box A Greelev, CO 80632 (970)352-1551 To: CONTRACTOR Lori Kaduna. MS. LFC 6445 Ute Ilty wav Longmont. CO 80503 (970)352-8873 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 drys alter being served with a summons, complaint, or other pleading which has been filed in any federal or state coat or adn inisl alive agency, shall deliver copies of such down natgs) to the Human Services Director. The tam "litigation^ includes an assigrmtent for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. This Agrees tat nay be terminated at any tine by either party given thirty (30) days written notice ad is subject to the availability of fining. CONTRACTOR reserves the right to suspend services to dimes iffimd'mg is no longer available 19. Entity Amanita This Agreanent, together with all attachments b rr a, constitutes the entire understanding between the patties 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-0125 IN WITNESS WHEREOF, the polies heeJuhave duly nenredthe Agre neutaoftheday,mout,andyarfirstabove WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Judy, BOARD OF cowry COMMISSIONERS WELD COUNTY, Clog William F. Garcia CONTRACTOR: BY JUN -3 2009 6 90e9 -/a7d' PY-09-10-CORE-0125 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide ongoing assessment, coaching, support and infatination, through supervised visitation time, to families referred by the Department for the purpose of assisting biological parents in building a stronger emotional relationship with their children. 2. CONTRACTOR will focus on teaching biological pared how to create an emotionally safe and same environment for their c hildrm and maintain their children in their home. The Bonding Program has three primary goals: 1) Improve health and safety -related behaviors, 2) improve the well being of the family, and 3) enhance the prams' ability to provide permanency and stability for themselves and their c hildrea. 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 Deparmient regarding continuation of bonding services and/or the need for additional services. 5. CONTRACTOR will dooming in detail any and all observed a verbaliad camas regading any child whom the CONTRACTOR is waking with under an active nCIO iaL Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral kurec Areas of cancan 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 pa the online format required by the Department. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0125 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Dew agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services finding„ not to exceed $55,000.00. Expenses incurred by CONTRACTOR, in association with said project pion to the term of this agreanatt, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract, if Care Services fords, whether in whole or in part is subject to and contingent upon the continuing availability of said funds fir the purposes hereof In the event that said funds, or any part thereof become unavailable as determined by the Departnnent, the Department may immediately terminate this Contract or amend it accordingly. 2. Foes for Services S95.00/Hour (Bonding Services) 5125.00NHour (Court Facilitation, Staffing or Testimony) Department referrals will not be sent to collations 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 statanarts. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized was 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 T' 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 ......:..e, it may result in forfeiture of payment. b. Billings must be submitted with the attached required forms, Authorization far Contractual Services, Request for Reimbursement, Client Verification Form and monthly report. The Authorization for Contractual Services and Client Verification Form merest 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-0125 nmarr c ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its affects and employees do not become employees of Weld County, nor are they entitled to my employee benefits as Weld County employees, as the result of the execution of this Agreement 2. Weld County, the Board of County Cmmissioners of Weld County, its officers and employees, shall not be held liable for injuries or damage caused by any negligent acts or omissions of CONTRACTOR -contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as dusalbed 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 fm all its employees, volunteers, and agents engaged in the perfarmmce 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 ooQniute a waiver of any immunities the parties or their offices or employee 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 pasty of this Agreement. 4. No portion of this Contract shall be deemed to senate an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each cncrnding year. 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutionad, 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 mote 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 Ag eanent or the proceeds therto£ 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 oC or be otherwise subjected to discrimination ruder this approved Contract. 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, artern, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) yeas 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, cammmications, 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 mattes 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 net convicted at the aid 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-0125 10. CONTRACTOR asses that authorized local, federal, and state auditors and representatives shall, during business hags, have aeon to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with fronds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree than monitoring and evaluation of the pafamance of die Agreement shall be conductal by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. l I. This Contract shall be hinting upon the parties hereto, their successors, heirs, legal representatives, and assigns_ CONTRACTOR or the Departman nay not assign any of its rights or obligations hereunder without the prior written consent of both patties. 12. CONTRACTOR certifies that federal appropriated fiats have not been paid or will be paid, by or on behalf of CONTRACTOR, to any person for influencing a 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 volun tanly 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 remitted against than for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfuming a public (fetal, state, or local) transaction or caned under a public transaction; violation of federal or Ste antitrust stances or commission of embenlemad, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted far or otherwise criminally or civilly charged by a government entity (federal, state, or local) with oonu mission of any of the offenses enumerated in paragraph 12 of this certification; and d. Have not, within a flue -year period preceding this Contract, had one or more public transactions (federal, state, and local) terminated for cause a 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 intrust, it is not necessary fa 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 leaning 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 - 10 PY-09-10-CORE-0125 16. CONTRACTOR shall protect the coifidwtial ty of all applicant records and other materials that are maintained in accordance with this Contract Except fur purposes directly connected with the administration of Chid Protection, no information about or obtained from any applicanthecipient in possession of CONTRACTOR shall be disclosed loa farm identifiable with the applicantheapient or a minor's parent or guardian wriest in accordance with CONTRACTOR written policies governing access to, duplication and dissemination oC all such information. CONTRACTOR shall advise its employees, agents, and subcontractor, if any, that they am subject to these confidentiality requirements, CONTRACTOR shall provide its employees, agents, and subcontractors, ifany, with a copy or written explanation of these confidentiality requirements before access to amo/'rdrmsl 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 purposses alibis contract is information relating to a party's research, developrmat, trade seas, business affairs, internal operations and maraganern 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 independadlyNeither 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 Contrast. Any proprieury information removed from the State's site by CONTRACTOR in the course of providing services u®eta 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 (CARS.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub -contractors. I9. Contractor 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 contact 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 Rat 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 Adm�tration and Department of Homeland Security, and (b) otherwise will comply with the requirements of CRS. 8-175-102(2xb). Contractor shall comply with all reasonable requests made in the course of an investigation trader 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 CAS. 8-173-101, et seq., the Department may terminate this Cataract 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_RS. 24-763-103(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.RS. 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 CARS. 24-765-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-765-103 prior to the effective date of this Contract 11 PY-04-10-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 p ci Ceauvaw 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 canna to provide service to families aid children in Weld County must continually strive fir positive outcomes in the areas of safety, permanency and well-being for our your. 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 Deparrnat 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 whatever 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 these at no preset dangers or impending danger threats, or the otegivas' protective opacities coifing existing threats. o Children we considered awfe 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 diiffaently. • Monthly reports should continually daconeat an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those cancans. • 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. Peraareacy Outcomes CFSR Outcome Measures Permanency I Children have permanency and stability in their living situations Ptaiaea y 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • P ovider reports should always note the primary permanency goal for the child and document how interventions at working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. • Providers should continually provide recommendations about whether any out -of -home placement continues 12 PY-09-10-cORE-0125 cun®res to be appropriate aid should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships (parent/child, salting/sibling, eataided family/child, etc.) and should report any concerning relationship issues which may be a barrier to achieving pamanency. Provides should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues_ e Provides nun document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child sad Family Wr-Brag Odcones 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 adogoste services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assess marts 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. • Provides should specifically detail areas of cornmued 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 cancans regarding any child with whom the provider is working. This should include concerns regarding physial, 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 j l � fit PY-09-I0-CORE-0176 4, CHILD PROTECTION AGREEMENT FOR SERVICES ../(9 BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES 4'f/ AND Darla Kraft, M.A., LPC, RPT-S• /0 - This Agreement, made and entered into thejday of 2009, 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 Darla Kraft, M.A., LPC, RPT-S, 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, 2009, 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. a/oo9-/cQ7J' PY-09-10-CORE-0176 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 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-09-10-CORE-0176 Included is 45 C.F.R. Part 74 Appendix Cr 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 "fhe 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 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-09-10-CORE-0176 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-I0-CORE-0176 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. l5. 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 Name For CONTRACTOR: Darla Kraft, M.A., LPC, RPT-S Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR Darla Kraft, M.A.. LPC, RPT-S 2961 West 29th Street Greeley, CO 80631 (970) 302-6683 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-0176 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Chair William F. CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN 'RVICES By: 6 JUN - 3 2009 02009 -id S PY-09-10-CORE-0176 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide mental health services to children ages 3-9, male or female, as referred by the Department. Services will be provided at 2961 West 29'" Street, Greeley, CO 80634. 2. CONTRACTOR can provide the following services: Eye Movement Desensitization and Reprocessing (EMDR). Play Therapy, and Filial Therapy (teaching caregivers how to play therapeutically with their children to strengthen bonds and attachments). 3. CONTRACTOR will participate in case starlings. A reimbursable staffing is defined as a face-to-face staffing lasting more than IS 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. 4. Services will be provided under the terms of this contract by Darla Kraft who is a Licensed Professional Counselor (CO License # 2454) and a Registered Play Therapist Supervisor. 5. CONTRACTOR will submit billing and a progress 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. 6. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0176 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 $85.00/Hour (Play Therapy, EMDR, Filial Therapy) $85.00/Hour (Case Staffing - as defined in Exhibit A) $150.00/Episode (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 pursuant to the terms and conditions of Exhibit A. a. All billings arc 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. 8 PY-09-10-CORE-0176 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-0176 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. 10 PY-09-10-CORE-0176 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. 11 PY-09-I0-CORE-0176 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. • Providers should continually provide recommendations about whether any out -of -home placement continues 12 PY-09-10-CORE-0176 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 CF SR 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 PY-09-10-CPS-0094 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH e507/erTh This Agreement, made and entered into the L.) --day of June, e 2009, 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 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: Term This Agreement shall become effective on June 1, 2009, 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 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 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 07©d9-/97? PY-09-10-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, 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-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. 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-09-10-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. 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-CPS-0094 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 Name For CONTRACTOR: Wayne A. Maxwell, Ph.D. Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Wayne A. Maxwell, Ph.D., Executive Director 1300 North I7th Avenue Greeley, CO 80631 (970) 347-2380 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-CPS-0094 IN WITNES above he parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOt DO By: Chair William F. Garcia CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 Cotr ctoF t_t ,170red JUN —3 zoos PY-09-10-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 area and within a 50 -mile radius of Greeley. 2. CONTRACTOR will provide the following services under this contract: Anger Management (Minimum 20 Weeks of Treatment) Domestic Violence (Minimum 36 Weeks of Treatment) • Group Process and Skills • Cognitive -Behavioral Skills • Passive, Aggressive and Assertive Behaviors • 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. 7 PY-09-10-CPS-0094 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 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. PY-09-10-CPS-0094 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-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 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. 10 PY-09-I0-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 (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. 11 PY-09-10-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 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-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. 13 (-'-� f r "fi n'Ir A u 5a%ZIL�1 PY-09-10-CORE-0120 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH rl This Agreement, made and entered into the, day of ,ruse 2009, 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 I, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 2. Scone 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 old -/e 7? PY-09-10-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 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-09-10-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. 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-09-I0-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. 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. 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-0120 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 Name For CONTRACTOR: Wayne A. Maxwell, Ph.D. Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griezo, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Wayne A. Maxwell, Ph.D., Executive Director 1300 N. 171 Avenue Greeley, CO 80631 (970) 347-2380 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-0120 REOF, the parties hereto have duly executed the Agreement as of the day, month, and year first WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLO Chair William F. Garcia JUN - 3 2009 CONTRACTOR: I BY 6{1a..)<�Y4� rc tAW Contract& 6 PY-09-10-CORE-0120 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 11-17 years of age, and their families, within Weld County referred by the Deparment. 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, 1-2 hours per week. 7 PY-09-10-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 $50,000.00. 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. 8 PY-09-10-CORE-0120 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-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 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. 10 PY-09-10-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)(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-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 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-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. 13 [UI PY-09-I0-CORE-0142 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH rd This Agreement, made and entered into the O --day of ,D -U /1 e 2009, 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, 2009, 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. 1 PY-09-10-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 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-09-10-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. 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-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. 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. 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-0142 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 Name For CONTRACTOR: Wayne A. Maxwell, Ph.D. Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Wayne A. Maxwell, Ph.D., Executive Director 1300 North 17th Avenue Greeley, CO 80631 (970) 347-2380 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-0142 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above writt BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL By: Chair William ]`Garcia CONTRACTOR: e / BY (A) *I -C �4/eXi C.. tv Attomev Contractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 JUN —3 2009 6160 - /ca2'Jd' PY-09-10-CORE-0142 EXHIBIT A SCOPE OF SERVICES 1. 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 invalid measures and instruments need to be re -administered, and/or when other significant barriers to testing are present.) - 20 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. 7 PY-09-10-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. 8 PY-09-10-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 $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/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 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-09-10-CORE-0142 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-09-10-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. 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-09-10-CORE-0142 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-09-10-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 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-09-10-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. 14 PY-09-10-CPS-0109 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH „,d This Agreement, made and entered into the,") day of tJ 14)1 e, 2009, 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 North Range Behavioral Health, hereinafter referred to as "Contractor". W ITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Child Welfare Administration funding to the Department for 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, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 2. Scone 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`" 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 : Ck,l-/077:7 PY-09-10-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-09-10-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. 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-09-10-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. 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. 12. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 13. 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; 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. 4 PY-09-10-CPS-0109 14. 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 Name For CONTRACTOR: Wayne A. Maxwell, Ph.D. Name 15. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 16. Litigation To: CONTRACTOR Wayne A. Maxwell, Ph.D., Executive Director 1300 North 17th Avenue Greeley, CO 80631 (970) 347-2380 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. 17. 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. 18. 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-CPS-0109 HEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WEL COUNTY, CDLOD CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVJ,CES By: 6 Chair William F. Garcia %4/1O4- t-c41Qit Contract/or JUN -3 2009 a?cb9 _ 49 76' PY-09-10-CPS-0109 EXHIBIT A SCOPE OF SERVICES 1. 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 l' 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.webtoxicologv.com). 7 PY-09-10-CPS-0109 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 $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 (InstaCheck 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 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-CPS-0109 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. 9 PY-09-10-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. 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. 10 PY-09-10-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 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-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 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. 12 PY-09-10-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 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 • t-,t�iarr'r Pr l-, PY-09-10-CORE-0146 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH rd This Agreement, made and entered into theJ —day ofvt(f a 2009, 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 1, 2009, 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 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-09-10-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 —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-09-10-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). I . Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-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. 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. 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-0146 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 Name For CONTRACTOR: Wayne A. Maxwell, Ph.D. Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego. Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Wayne A. Maxwell, Ph.D., Executive Director 1300 N. 171 Avenue Greeley, CO 80631 (970) 347-2127 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. IS. 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-0146 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO14O By: a Chair Wi liam Garcia CONTRACTOR: Contractor 6 JUN -3 2009 02a)? - 7,2769 PY-09-10-CORE-0146 EXHIBIT A SCOPE OF SERVICES 1. 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. 7 PY-09-10-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 $85,000.00. 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. 8 PY-09-10-CORE-0146 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-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. 10 PY-09-10-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)(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-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 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. 12 PY-09-10-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 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 r PY-09-10-CORE-0112 t , CHILD PROTECTION AGREEMENT FOR SERVICES U V BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH, INC. rd This Agreement, made and entered into the 'day of J i n c 2009, 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 Reflections for Youth, Inc., hereinafter referred to as "Contractor". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Day Treatment; 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, 2009, 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. 1 acn9- /O2 7r3' PY-09-10-CORE-0112 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. Pad 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-0112 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 utilize,' 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-09-10-CORE-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. 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. 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 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: 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-0112 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 CONTRA(; IUR, 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 Name For CONTRACTOR: Jeffrey J. Johnson, MA, LPC Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Jeffrey J. Johnson, MA, LPC P.O. Box 1860 Berthoud, CO 80513 (970) 344-1380, x202 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 maybe 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. 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-0112 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BOARD OF COUNTY COMMISSIONERS COUNTY, C By: CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair William F. Garcia JUN -3 2009 ,�,i , 5.11 di (Aims .�►;�{ 6 ; OO9-AQ9cf PY-09-10-CORE-0112 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide comprehensive, highly structured Day Treatment services to female and male youth, ages 11-18, as referred by the Department. Youth, age 18-21, which are considered special education and eligible for educational services, any youth with an extensive history of aggression to self and/or others, adjudicated 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. CONTRACTOR offers standard Day Treatment, standard Day Treatment with Dialectical Behavioral Therapy, and Enhanced Day Treatment which includes In -home Family Therapy. 3. CONTRACTOR will provide Day Treatment services at 1000 S. Lincoln Avenue, #190-200, Loveland, CO 80537. 4. CONTRACTOR is licensed by the Colorado Department of Human Services State Child Care Licensing. 5. Services include, but are not limited to, assessment and evaluation, development and implementation of a treatment plan, therapy, daily information to parent and/or caretaker regarding homework and treatment goal progress, staffings as needed (at least monthly), a discharge plan and aftercare. Parents and/or caretakers are expec ed to participate in the above progression of services and will be provided detailed information at the time of discharge. 6. CONTRACTOR will provide individual, group and family therapy to all referred youth unless otherwise directed by the Department. 7. CONTRACTOR will provide interpretive services and transportation on a case -by -case basis as needed. 8. Testing and 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 will be provided by Masters' level therapists who have specific training in one or more of the following areas: Eye Movement Desensitization and Reprocessing (EMDR), Dialectic Behavioral therapy, Cognitive Behavioral Therapy and/or Reactive Attachment Disorder. 10. Referred youth will receive services for approximately four (4) to six (6) months. Length of services is dependent upon the referred youth's daily/weekly progress, individual/family needs and availability of funding. 11. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0112 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 $109.06/Day (Standard Day Treatment) $117.06/Day (Standard Day Treatment with Dialectical Behavioral Therapy) $139.06/Day (Enhanced Day Treatment - Includes in -home Family Therapy) $80.00/Hour (Court Testimony) Department referrals will not be sent to collections by Contactor 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. 8 PY-09-10-CORE-0112 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-0112 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. 10 PY-09- I0 -CORE -0112 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. 11 PY-09-10-CORE-0112 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 pennanency 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-0112 • 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. 13 PY-09-10-CORE-0149 u CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH, INC. 913) Oa.! rd This Agreement, made and entered into the") --clay of 2009, 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 Reflections for Youth, Inc., hereinafter referred to as "Contractor'. WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Option B (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 I, 2009, upon pi uptt 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 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 Agi cement 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 &009—/a78 PY-09-10-CORE-0149 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 incuned 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-09-10-CORE-0149 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 utilip'Ml 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-09-10-CORE-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 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. 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 con cvtions 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-0149 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 Name For CONTRACTOR: Jeffrey J. Johnson, MA, LPC Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (9701352-1551 17. Litigation To: CONTRACTOR Jeffrey J. Johnson, MA, LPC P.O. Box 1860 Berthoud, CO 80513 (970) 344-1380. x202 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-0149 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL CONTRACTOR: BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 1T " c lZ Q5 o 1 . icpS crmaab,kft. . JUN - 3 2009 6 :o9- Zvi 169 PY-09-10-CORE-0149 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home -based services to youth, and their families, who reside within one hour of Loveland, CO., as referred by the Department. Services will include therapeutic, concrete and collateral services provided in a start-up, mid -service and end service phase as follows: a. Start -Up — CONTRACTOR will meet with the caseworker in person or by phone to determine the treatment needs of the referred family. A psychosocial and risk assessment will be completed and a determination of needs and strengths, as well as the development and use of base -line measures on areas related to the out -of -home placement criteria, i.e., abuse/neglect/domestic violence, substance abuse, 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 include, but are not limited to, re-parenting/parenting skills, parental role modeling, problem solving, communication skills and parent -child conflict management. CONTRACTOR will have face-to-face contact in the home two (2) to three (3) hours per week during this phase. b. Mid -Service — CONTRACTOR will assess the families' skill development, ability to implement and utilize skills and will address additional interventions as needed. CONTRACTOR will have face-to- face contact in the home two (2) to three (3) hours per week during this phase. c. End -Service — CONTRACTOR will assess families' ability to utilize skills in all areas addressed during the aforementioned phases and families' access to appropriate community service support, such as mental health services, drug and alcohol services, educational systems and recreational programs. Transition of treatment will be addressed as needed. CONTRACTOR will have face-to- face contact in the home one (I) to two (2) hours per week. 2. Services are primarily utilized in preventing out -of -home placement or Iransitioning child(ren) home. All services will be provided in the referred families' home unless otherwise directed by the Department. 3. CONTRACTOR will develop a case management plan within 30 days of receiving a referral and provide that to the referred family, with a copy to the caseworker. The plan will include, at a minimum; goals, goal timelines and a measurement of success. 4. CONTRACTOR will update the caseworker at least twice (2) per month with updated progress information and concerns. 5. CONTRACTOR will provide interpretive services, transportation and on -call support on a case -by -case basis as needed. 6. Services will be provided by therapists with a Master's degree and two years expo, ience in the field or a Bachelor's degree and three years experience in the field. 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. 7 PY-09-10-CORE-0149 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 $101.39/Hour (Face -to -Face Contact) $80.00/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. 8 PY-09-10-CORE-0149 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 ecurds 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-0149 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. 10 PY-09-10-CORE-0149 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-I02(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-0149 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.* The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety 1 Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency i Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 12 PY-09-10-CORE-0149 • 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. 13 617 PY-09-10-CORE-0127 0J/7 `` CHILD PROTECTION AGREEMENT FOR SERVICES /1174, BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES A AND REFLECTIONS FOR YOUTH, INC. 9, This Agreement, made and entered into the D—day of jU 17 C. 2009, 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 Reflections for Youth, Inc., hereinafter referred to as "Contractor". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Lifeskills; 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, 2009, 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. 1 (9009 -/a PY-09-10-CORE-0127 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-09-10-CORE-0127 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-09-10-CORE-0127 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. 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 cot 'lions 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-0127 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 CONTRAC I OR, 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 Name For CONTRACTOR: Jeffrey J. Johnson, MA. LPC Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Jeffrey J. Johnson, MA. LPC P.O. Box 1860 Berthoud. CO 80513 (970) 344-1380, x202 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 assigmnent for the benefit of creditors, and filings in banlcruptcy, 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-0127 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO By: Chair CONTRACTOR BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: William F. Garcia JUN -3 2009 6 PY-09-I0-CORE-0127 EXHIBIT A SCOPE OF SERVICES L CONTRACTOR will provide mentoring and visitation services to youth, and their families, who reside within one hour of Loveland, CO., as referred by the Department. Services include the following: a. Mentoring — CONTRACTOR will work with referred families to teach family members effective communication skills, household management, financial management (budgeting, etc.), identifying and accessing community resources/recreation, financial assistance programs, child care, and employment services, as well as other resources that meet the assessed needs of the family. b. Visitation — CONTRACTOR will provide supervised visitation in the home to ensure the safety and well-being of the child(ren). During visits, the CONTRACTOR will role model and teach effective communication and parenting, housekeeping, choosing appropriate activities and other skills. CONTRACTOR will discuss visits, progress and goals for future visits with parent(s) following each visit. 2. All referred families will be assessed utilizing the North Carolina Family Assessment Scale -Reunification (NCFAS-R) tool. 3. Services are primarily utilized in transitioning the child(ren) home. All services will be provided in the referred families' home unless otherwise directed by the Department. 4. CONTRACTOR will provide interpretive services, transportation and on -call support on a case -by -case basis as needed. 5. Services will be provided by therapists with a Master's degree and two years experience in the field or a Bachelor's degree and three years experience in the field. 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. 7 PY-09-10-CORE-0127 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 $60.99/Hour (Visitation, Mentoring) $80.00/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 7d' 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-0127 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-0127 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. 10 PY-09- 10 -CORE -0127 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. 11 PY-09-10-CORE-0127 EXHIBIT D CHILD amid 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-0127 • 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. 13 PY-09-10-CORE-0161 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH, INC. rd �" This Agreement, made and entered into the 3 day of Ciu )) £ 2009, 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 Reflections for Youth, Inc., hereinafter referred to as "Contractor". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Sex Abuse Treatment (Informed Supervision Only); 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, 2009, 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. 1 ace9 - 78 PY-09-10-CORE-0161 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. sue. 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-0161 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 prugress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). I. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CORE-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. 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. 1L 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. 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-0161 c. Incot.ect 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 Name For CONTRACTOR: Jeffrey J. Johnson, MA, LPC Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Jeffrey J. Johnson, MA, LPC P.O. Box 1860 Berthoud, CO 80513 (970) 344-1380. x202 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-0161 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BY WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLO By: Chair William F. Garcia CONTRACTOR: dor ��r ruL�14p � lci�Ii1( JUN - 3 2009 6 PY-09-10-CORE-0161 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide informed supervision services to individuals, parents, family members and caretakers, who supervise juvenile sex offenders and who reside within one (1) hour of Loveland, CO., as referred by the Department. 2. Services will be provided by Carol Johnson, MA, who is certified through the Kempe Center, as an informed supervision trainer, per the requirements set forth by the Colorado Sex Offender Management Board on Juvenile Standards. 3. CONTRACTOR will ensure that the all referred parties meet the informed supervision requirements for the care and supervision of a youth who has committed a sex offense. This will include the primary goals of community safety and 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 confrontation of thinking errors, increased accountability and responsibility on the part of the supervised youth and supervising parent(s) or caretaker(s), recognition of and intervention in the cycle of abuse, definition of healthy and age appropriate sexuality, and increasing the supervised youth's coping skills. 4. CONTRACTOR will provide interpretive services as needed. 5. CONTRACTOR will submit a report following the completion of services. Reports will be submitted per the online format required by the Department. 7 PY-09-10-CORE-0161 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 $60.00/Person/Class 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 it 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-0161 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. 9 PY-09-10-CORE-0161 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. 10 PY-09-10-CORE-0161 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. 11 PY-09-10-CORE-0161 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-0161 • 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. 13 CM . ..m r7goer-- 11 i PY-09- I 0 -CORE -0113 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ROUNDUP FELLOWSHIP rd This Agreement, made and entered into the3—day of un e 2009, 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 Roundup Fellowship, 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: Term This Agreement shall become effective on June 1, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 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 Payment shall be made on the basis of Exhibit B, "Payment Schedule," of which arc attached hereto and incorporated herein by reference. "Payment Schedule" shall establish the maximum reimbursement, which will be paid from Core Services funding during the duration of this Agreement. b. CONTRACTOR shall submit an itemized monthly bill to the Department for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by the Department. CONTRACTOR shall submit all itemized monthly billings to the Department by the 70 day of the month following the month the cost was incurred. lithe 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 availahtIity 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. 07069 -/a 7e PY-09-10-CORE-01 13 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 FIuman Services. The decision of the Director of I Iuman 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 Puy 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 P Y-09- I 0 -CORE -01 13 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). Combined single limit - S500,000 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 5500,000. State of Colorado to be named as additional insured on each comprehensive general liability policy. 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. PY-09-10-CORE-01 13 Automobile Liability (Minimum) for any Contractor transporting children or ally 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 andior 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. 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 Ageement All modifications to this agreement 511011 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 periormance 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- I 0 -CORE -01 13 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 arc hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Name For CONTRACTOR: James VanderKamp Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR James VanderKamp, Executive Director 2250 South Oneida Street, #201 Denver, CO 80224 (303) 757-8008, x I8 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 ally 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-0113 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above WELD COUNTY DEPARTMENT OF HUMAN ERVICES BOARD OF COUNTY COMMISSIONERS WELD, COUNTY, CQCO, By CONT TOR: BY By: 6 actor Chair William F. Garcia JUN -3 2009 ?A9 -/a is PY-09-10-CORE-0113 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide day treatment services to children and youth, ages 9-18, residing or placed in El Paso County as referred by the Department. CONTRACTOR also may accept clients ages 18-21 on a case -by - case basis. Services include: a. Assessment of the referred child or youth's functional skills, social -emotional skills, therapeutic needs, behavioral strengths and needs, and academic skills. b. Staffings as needed to review results of assessment, Individual Educational Plan and client progress. c. Individualized therapeutic and educational services. d. Individual, instructional and behavioral strategies which build on the strengths and interests of the referred child or youth. e. Positive, proactive behavior management. f. Individual, family and group therapy. g. Community -based, functional activities and curricula. 2. Services are designed maintain the child or youth in their home or other residential home while increasing the skills that will facilitate the child or youth's re-entry into regular public or private education or into other appropriate programs. 3. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 4. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 5. CONTRACTOR will submit reports on a monthly basis for each active referral. b. CONTRACTOR will participate in team reviews of ongoing services as requested. 7 PY-09-10-CORE-0113 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 $75.00/Day 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-0113 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-0113 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. 10 PY-09-10-CORE-0113 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-0113 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. • Providers should continually provide recommendations about whether any out -of -home placement continues 12 PY-09-10-CORE-0113 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 CF SR 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 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. 13 7,7 P7 PY-09-10-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 3&YI a 2009, 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 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, 2009, 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. 1 ��%- /2 7a PY-09-10-CORE-121 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. 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-09-10-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. 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-09-10-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. 1l. 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. 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-121 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 Name For CONTRACTOR: David Bennett Name 16. Notice Social Services Administrator Title Director of Program Development Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR David Bennett, Director of Program Development 325 King Street Denver, CO 80219 (303) 225-4202 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-121 INW abov By: Deputy Clerk OF, the parties hereto have duly executed the Agreement as of the day, month, and year first WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Jud 4. Griego, n!rector 1� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO Chair William F. Garcia CONTRAC BY 6 Contractor JUN -3 2009 PY-09-10-CORE-121 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 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. 7 PY-09-10-CORE-121 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 $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 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. 8 PY-09-10-CORE-121 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. 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-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 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 leaming 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. 10 PY-09-10-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)(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-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. 12 PY-09-10-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 (parent/child, sibling/sibling, extended family/child, etc.) and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that maybe required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well -Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical, emotional, educational and behavioral well- being of the child. When appropriate, providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 PY-09-10-CORE-0150 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE ,rd This Agreement, made and entered into the day of CU Il e 2009, 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, 2009, 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 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 (.70,09 - /a2< PY-09-10-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-09-10-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-09-10-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. 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. 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-0150 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 Name For CONTRACTOR: David Bennett Name 16. Notice Social Services Administrator Title Director of Program Development Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR David Bennett, Director of Program Development 325 King Street Denver, CO 80219 (303) 225-4202 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-0150 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLO' By: CONT BY A omey ' . tracto WELD COUNTY DEPARTMENT OF HUMAN SERVICES,-- I By: 6 JUN - 3 2009 &odY- /r?78 PY-09-10-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 leamed. Topics may include, but are not limited to, newbom/infantltoddler 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. 7 PY-09-10-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. 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. 8 PY-09-10-CORE-0150 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 $50,000.00. 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. 9 PY-09-10-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. 10 PY-09-10-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 leaming 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-09-10-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 pei witted. 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-09-10-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 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 concems. • 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-09-10-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 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 �hLemec PY-09-10-CORE-0147 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE rd -{ This Agreement, made and entered into the ' day of ja jj e 2009, 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, 2009, 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 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 o?oo9-/a r8 PY-09-10-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-09-10-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. 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-09-10-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. 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. 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-0147 c. Incorrect payment to CONTRACTOR due to omission, en -or, 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 Name For CONTRACTOR: David Bennett Name 16. Notice Social Services Administrator Title Director of Program Development Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR David Bennett, Director of Program Development 325 King Street Denver, CO 80219 (303) 225-4202 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-I0-CORE-0147 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above By: WELD COUNTY DEPARTMENT OF HUMAN ERVICES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL By: CONT BY 6 Chair William F. Garcia JUN -3 2009 zRCb9 - /v? PY-09-10-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 nonnative 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 a report on a monthly basis for each active referral. 7. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0147 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 $125,000.00. 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 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-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. 9 PY-09-10-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. 10 PY-09-10-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. 11 PY-09-10-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. 12 PY-09-10-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. 13 4 PY-09-10-CORE-0162 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SAVIO HOUSE rd This Agreement, made and entered into the. —day ofii e 2009, 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, 2009, 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. 1 &oo9- /(2 7S' PY-09-10-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 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-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. 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-09-10-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. 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. 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-0162 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 Name For CONTRACTOR: David Bennett Name 16. Notice Social Services Administrator Title Director of Program Development Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR David Bennett, Director of Program Development 325 King Street Denver, CO 80219 (303) 225-4202 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-0162 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above wri BOARD OF COUNTY COMMISSIONERS WELD COUNTY, Cf, LO CONT BY omey 6ehtractor WELD COUNTY DEPARTMENT OF HUMAN SERVICES ,, 1 By: 6 iam Garcia 4 JUN -3 2009 02009-/a 7? PY-09-10-CORE-0162 EXHIBIT A SCOPE OF SERVICES 1. 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. 7 PY-09-10-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 $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 $1,833.00/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 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. 8 PY-09-10-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. 9 PY-09-10-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 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. 10 PY-09-10-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 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-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 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. 12 PY-09-10-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 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 concems. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 • . as/SO PY-09-10-CORE-0118 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS, LLC 141 This Agreement, made and entered into the3--day of /) 6. 2009, 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, 2009, 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. 1 PY-09-10-CORE-01 18 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-09-10-CORE-0118 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). 1. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-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. II. 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. 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-0118 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 Name For CONTRACTOR: Julie Box, LCSW Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Julie Box, LCSW 1702 68th Avenue Greeley, CO 80634 (970)302-1471 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 Agreciuent 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-0118 OF, the parties hereto have duly executed the Agreement as of the day, month, and year first WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,C LO By: Chair William F. Ga cia CONTRACTOR: BY i iJ _t �Cm) LCSW Contracbq 6 JUN - 3 2009 ax9 -/0778 PY-09-10-CORE-0118 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide consultation for children and youth residing in Weld County foster homes within a 50 -mile radius of Greeley, CO., as referred by the Department. The goal of the program is to enhance and improve the quality of care being provided to Weld County's children and youth. 2. CONTRACTOR will work collaboratively with children, foster parents, caseworkers, foster care coordinators and other service providers to identify and address issues, in a solution -focused manner that could potentially disrupt placements. 3. CONTRACTOR will 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. 7 PY-09-10-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 $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 $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 7's 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-I0-CORE-9118 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-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. 10 PY-09-10-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. 11 PY-09-l0-CORE-0118 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS (CFSR) The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitors progress over time. Following the review, a Performance Improvement Program (PIP) will be implemented for the state to enhance services to families. Additionally, the review will assess statewide, systemic factors to determine if the systems necessary to achieve positive outcomes for families are in place. All agencies that contract to provide service to families and children in Weld County must continually strive for positive outcomes in the areas of safety, permanency and well-being for our youth. In order to insure continued progress in this area, the Department is requiring providers to comply with a standard assessment and reporting system which will address these three areas.' The Department is requesting that provider reports include observations and recommendations regarding clients in a way that specifically addresses the areas of safety, permanency and well-being. Below are the specific outcomes that will be assessed by the CFSR in the areas of safety, permanency and well-being, followed by specific considerations and tasks which must be addressed by the Department contracted providers. Safety Outcomes CFSR Outcome Measures Safety I Children are, first and foremost, protected from abuse and neglect. Safety 2 Children are safely maintained in their homes whenever possible and appropriate. Considerations for the Department's providers • Providers should always consider the following definitions regarding child safety when assessing families. o Children are considered safe when there are no present dangers or impending danger threats, or the caregivers' protective capacities control existing threats. o Children are considered unsafe when they are vulnerable to present or impending danger threats, and caregivers are unable or unwilling to provide protection. o Risk is the likelihood (chance, potential, prospect) for parenting behavior that is harmful and destructive to a child's cognitive, social, emotional and/or physical development, and those with parenting responsibility are unwilling or unable to behave differently. • Monthly reports should continually document an assessment of risk and safety concerns and the interventions that are being offered by the provider to ameliorate those concerns. • Monthly reports should make recommendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the child(ren). • Providers must specifically document efforts to engage families in services and to control for safety. Permanency Outcomes CFSR Outcome Measures Permanency 1 Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations for the Department's providers: • Provider reports should always note the primary permanency goal for the child and document how interventions are working toward achieving that goal. • Provider reports must indicate progress toward achieving the permanency goal and should make specific recommendations regarding how the continuation of the service may assist in achieving the goal. 12 PY-09-10-CORE-0118 • Providers should continually provide recommendations about whether any out -of -home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made, in the providers' opinion. • Providers should continually assess family relationships (parent/child, sibling/sibling, extended family/child, etc.) and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well -Being Outcomes CFSR Outcome Measures Well Being 1 Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical, emotional, educational and behavioral well- being of the child. When appropriate, providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 PY-09-10-CPS-0096 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS, LLC ill I l)sT3eq D This Agreement, made and entered into then3 day of 3(,j)1 e. 2009, 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". WPINESSETH 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 I, 2009, 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 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 &0c9 - Is 78 PY-09-10-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 CONTRACIOR 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 Tide 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-CPS-0096 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). I. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-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. 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. 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-CPS-0096 c. Incorrect payment to CONTRACTOR due to omission, error, fraud, and/or defalcation shall be recovered hum 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 Name For CONTRACTOR: Julie Box, LCSW Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Julie Box, LCSW 1702 681 Avenue Greeley, CO 80634 (970) 302-1471 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-CPS-0096 REOF, the parties hereto have duly executed the Agreement as of the day, month, and year first 4 BOARD OF COUNTY THE BOARD COMMISSIONERS WELD COUNTY, CQLORADQ WELD COUNTY DEPARTMENT OF HUMA SERVICES By: 6 Chair William F• Garcia JUN - 3 2009 o?009-/ ? 7c PY-09-10-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 AlcohoUSubstance 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. Foster Parent Education Groups will be conducted on a monthly basis and will be educational in nature. CONTRACTOR will identify a topic for each group. Topics may include, but are not limited to, permanency, well-being of foster families, placement issues, behavioral management, issues regarding biological children in the foster home, transition and loss, implementation of treatment plans, and discipline in the home. CONTRACTOR 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 foster parent groups. 5. The Department may cancel Core Foster Parent Training one week prior to a scheduled date if less than five (5) individual applicants are signed up. 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 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. 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 be reported immediately per law. 7 PY-09-10-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 Group $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. 8 PY-09-10-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 V I 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-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 10 PY-09-10-CPS-0096 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)(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-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. 12 PY-09-10-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. 13 PY-09-10-HS-0043 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND STRONG FOUNDATIONS, LLC (I i L25G5f22j 1 Iad- J) rd This Agreement, made and entered into the 3 day of N/ [J fl f . 2009, 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, 2009, upon proper execution of this Agreement and shall expire May 31, 2010, unless sooner terminated as provided herein. 2. Scone 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 7h 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 &009 -/a 7? PY-09-10-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 at. 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-HS-0043 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible by the insurance provider. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease, covering all employees at work site. b. General Liability (PL & PD) (Minimum). I. Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-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. 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. 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-HS-0043 c. Inco„cct 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 Name For CONTRACTOR: Julie Box, LCSW Name 16. Notice Social Services Administrator Title Owner Title 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 Judy A. Grieco, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Julie Box, LCSW 1702 681 Avenue Greeley, CO 80634 (970)302-1471 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 finding 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-HS-0043 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO By: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 6 Chair William F. Garcia t cSW JUN -3 2009 070t9- /a 78 PY-09-10-HS-0043 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home study and relinquishment counseling services for families within a 100 -mile radius of Greeley, CO., as referred by the Department. 2. CONTRACTOR utilizes the Structured Analysis Family Evaluation (SAFE) tool developed by the Consortium of Children. CONTRACTOR is SAFE certified and on the State's approved home study vendor list. CONTRACTOR also is certified as a SAFE supervisor. 3. Services will be provided by Julie Box, LCSW, and Barbara Schwabe, M.A. 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. 7 PY-09-10-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. 8 PY-09-10-HS-0043 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR - contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records, documents, communications, and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request, for a period of seven (7) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state 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-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. 10 1 t PY-09-10-HS-0043 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of, all such information. CONTRACTOR shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees, agents, and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub -contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(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. 11 s PY-09-10-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. 12 • PY-09-10-l-IS-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 bather 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 PY-09-10-CPS-0111 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND THE NEXT STEP, A PLACE WHERE FAMILIES RECOVER r. This Agreement, made and entered into the I Vday of /y lr)- f 2009, 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 The Next Step, A Place Where Families Recover, 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, 2009, upon proper execution of this Agreement and shall expire May 31, 2009, unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by CONTRACTOR to any person(s) eligible for child protection services in compliance with Exhibit A "Scope of Services," a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," of which arc attached hereto and incorporated herein by reference. "Payment Schedule" shall establish the maximum reimbursement, which will be paid from 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 Agreemcnt 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. X009 /a78 PY-09-I0-CPS-0111 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d —1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulations, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967; and the Equal Pay Act of 1963; and the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; - 42 C.F.R. Part 2 and all regulations applicable to these laws prohibiting discrimination because of race, color, National origin, and sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-09-lo-CPS-0111 Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety, permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR, shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage; Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall 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). I . Combined single limit - $500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than $1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-09-10-CPS-0 1 1 1 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. 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. 12. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 13. 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; 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. 4 PY-09-10-CPS-01 I 1 14. 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 Name For CONTRACTOR: Terry Rousey Name 15. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 16. Litigation To: CONTRACTOR The Next Step, A Place Where Families Recover 2130 Mountain View Avenue, Ste. 101 Longmont, CO 80501 303-651-9200 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. I7. 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. 18. 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-I O -CPS -01 I I R$OF, the parties hereto have duly executed the Agreement as of the day, month, and year first / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, DLOJADO By: Deputy Clerk WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: Chair William F. Garcia CONTRACTOR: BY 6 Contractor JUN -3 2009 (9009- /027,p PY-09-10-CPS-0111 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide monitoring services to Front Range adults and youth as referred by the Department. 2. Services will be provided at 2130 Mountain View Avenue, Suite 101, Longmont, CO 80501. 3. Hours of operation are Monday -Thursday, 11:00 a.m.-9:30 p.m.; Friday, 11:00 a.m.-9:00 p.m.; and Saturday, 8:00-9:00 a.m. 4. Services will be provided under the terms of this contract. 7 PY-09-10-CPS-011 1 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from 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 $2.00/Episode (Breathalyzer) $35.00/Episode (Non -enrolled Drug Screen) $50.00/Episode (Drug Screen Confirmation) $25.00/Episode (Ethyl Glucuronide (EtG) Test) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be 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, 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. 8 PY-09-10-CPS-0 1 1 1 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR - contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor CONTRACTOR. 9. All such records, documents, communications, and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request, for a period of seven (7) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state govemment has begun but is not completed at the end of the seven (7) year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 9 PY-09-10-CPS-0111 10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is 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. 10 PY-09-10-CPS-0111 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. 11 PY-09-10-CPS-0 1 11 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. 12 PY-09-10-CPS-0lll 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 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 concems. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 PY-09- I 0 -CORE -0179 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND THE NEXT STEP, A PLACE WHERE FAMILIES RECOVER This Agreement, made and entered into the I day of / rij 2009, 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 The Next Step, A Place Where Families Recover, 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 Substance Abuse 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, 2009, 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. (7009-/a7c PY-09-10-CORE-0179 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-09-10-CORE-0179 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-09- 10 -CORE -0179 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 be required to 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. 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-0179 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 Name For CONTRACTOR: Terry Rousey Name 16. Notice Social Services Administrator Title Executive Director Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR The Next Step, A Place Where Families Recover 2130 Mountain View Avenue, Ste. 101 Longmont, CO 80501 303-651-9200 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-0179 IN WITNES above he parties hereto have duly executed the Agreement as of the day, month, and year first WELD COUNTY DEPARTMENT OF HUMA SERVICES By: J BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LO IO Chair illiam F. rcia CONTRACTOR: BY 6 Contractor JUN -3 2009 0,9009-/01 78 PY-09-10-CORE-0179 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide substance abuse treatment to Front Range adults as referred by the Department. 2. Services will be provided at 2130 Mountain View Avenue, Suite 101, Longmont, CO 80501. 3. Hours of operation are Monday -Thursday, 11:00 a.m.-9:30 p.m., and Friday, 11:00 a.m.-9:00 p.m. Monitoring services also are available Saturday, 8:00-9:00 a.m. 4. Intensive outpatient services will be provided based upon a I2 -step model and will encompass three phases. a. Phase I — Basic recovery issues and group therapy. Average length of stay in this phase is four weeks. b. Phase II — Individual treatment plans are developed which address issues relevant to clients' sobriety goals. Average length of stay in this phase is sixteen weeks. c. Phase III — Continued recovery support for clients and their families. Average length of stay in this phase is twelve weeks. d. Phase 11 Family Group — Ongoing support for family members. 5. CONTRACTOR also will provide adolescent services under the ASSET (Adolescent Support, Education and Therapy Program) that include services designed to assist the adolescent with healthy peer interaction/social skills, life skills, and provide an opportunity for adolescents to discuss issues related to maintaining sobriety. a. A weekly support group is provided at no additional charge for adolescents enrolled in the program. 6. CONTRACTOR offers a Family Therapy Group and Individual Therapy as needed. 7. Services will be provided under the terms of this contract. 8. CONTRACTOR will submit a report on a monthly basis with billing for each active referral. 9. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-09-10-CORE-0179 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 $30.00/Episode (Antabuse Sheet) $2.00/Episode (Breathalyzer) $15.00/Episode (Drug Screen) $50.00/Episode (Drug Screen Confirmation) $25.00/Episode (Ethyl Glucuronide (EtG) Test) S200.00/Episode (Court Evaluation) $100.00/Episode (Assessment/Evaluation) $70.00/Episode (Group Therapy - Phase I & II, Individual Therapy) $25.00/Episode (Continuing Care Group - Graduate) $40.00/Episode (Continuing Care Group - Non -Graduate) $20.00/Episode (Family Group - Phase II) 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 7111 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 required billing 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. 8 PY-09-10-CORE-0179 c. For monitored sobriety, proof of services rendered shall be a sign -in sheet with client signatures or the test result. 9 PY-09-10-CORE-0179 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 govemment has begun but is not completed at the end of the seven (7) year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 10 PY-09-10-CORE-0179 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. 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-09-10-CORE-0179 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 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)(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-09- I 0 -CORE -0179 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-09-10-CORE0179 • 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 concem 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-09-10-CORE-0131 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND W. TROY HAUSE - ATTORNEY AT LAW 2 id p This Agreement, made and entered into the,-) 'day of cj/,( n e., 2009, by and between the Board of 3 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". `f 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 Mediation Services; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1, 2009, 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. 1 rro9 - iQ 74) PY-09-10-CORE-0131 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, CONTRACTOR shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, CONTRACTOR shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq and its implementing regulation, 45 C.F.R. Part 80 et. seq.• and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulations, 45 C.F.R. Part 91; and Title VII of the Civil Rights Act of 1964; and the Age Discrimination in Employment Act of 1967; and the Equal Pay Act of 1963; and the Education Amendments of 1972; and Immigration Reform and Control Act of 1986, P.L. 99-603; 42 C.F.R. Part 2 and all regulations applicable to these laws prohibiting discrimination because of race, color, National origin, and sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, CONTRACTOR and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. 2 PY-09- I 0 -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-09- I0 -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. II. 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 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. 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-0131 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 Name For CONTRACTOR: W. Troy Hause Name 16. Notice Social Services Administrator Title Attorney Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR W. Troy Hause, Attorney 710 11th Avenue, Suite 205 Greeley, CO 80631 (970) 351-6711 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-0131 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above writte WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - Chair Wirt am F. Garcia CONTRACTO BY Contractor JUN -3 zoos 6 02oo9-4R 7, PY-09-10-CORE-0131 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide mediation services to Weld County families in Dependency and Neglect cases as referred by the Department. 2. CONTRACTOR will attempt to facilitate resolution of issues between the parties, which will lessen the amount of Court time and contested matters, assist in providing permanency for children in a shorter time frame, and assist the parties in coming to their own resolutions which are more likely to be followed. 3. CONTRACTOR can facilitate up to six (6) mediations per month. 7 PY-09-10-CORE-0131 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 $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 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-013 1 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. 9 PY-09-10-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. 10 PY-09-10-CORE-0131 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of, all such information. CONTRACTOR shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees, agents, and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub -contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24- 76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. 11 PY-09- I 0 -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. 12 PY-09-10-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 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 PY-09-10-HS-0041 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND BLYTHE WEBER, BSW This Agreement, made and entered into the l; day of :'y"V c J2009, by and between the Board of Weld County Commissioners, sitting as the Board of Human Services, on ehalf of the Weld County Department of Human Services, hereinafter referred to as the "Department," and Blythe Weber, 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, 2009, 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 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`" 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. a9f9-is7? prmrr777 rm L OS'.3t,I LJ PY-09-10-HS-0041 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-09-10-HS-0041 Included is 45 C.F.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 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-09-10-HS-0041 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. 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-HS-0041 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 Name For CONTRACTOR: Blythe Weber, BSW Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970)352-1551 17. Litigation To: CONTRACTOR Blythe Weber, BSW 20011 MCR T.5 Fort Morgan, CO 80701 (970) 380-6379 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-HS-0041 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR)DO By: Cildir William F. arcia CONTRACTOR: BY L:L.�fL% ✓ Contractot 6 JUN -3 2009 PY-09-10-HS-0041 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide home study and relinquishment counseling 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. All CBI, FBI and LexisNexis background check information will be completed by the Department, unless otherwise directed 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. 7 PY-09-I0-HS-0041 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, 1-2 Adults) $1,150.00/Episode (More than two adults or the family resides 50 miles outside Greeley) $500.00/Episode (Updated Home Study) $200.00/Episode (Interpretive services for Home Study) $250.00/Episode (Relinquishment Counseling) $100.00/Episode (Interpretive services for Relinquishment Counseling) $75.00/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`s 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-HS-0041 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-HS-0041 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. 10 PY-09-10-HS-0041 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. II FY -09-10-115-0041 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-J-IS-0041 • 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. 13 PY-09-10-HS-0044 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND HELENE WURTH, BSW r This Agreement, made and entered into theJ, day of p%(,(n e. 2009, 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, 2009, 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 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°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 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'609 /a >8 PY-09-10-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-09-10-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. 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-09-10-HS-0044 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. 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-HS-0044 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 Name For CONTRACTOR: Helene Wurth, BSW Name 16. Notice Social Services Administrator Title Private Practice Title 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 Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 17. Litigation To: CONTRACTOR Helene Wurth, BSW 4306 Beaver Creek Drive Fort Collins, CO 80526 (970) 226-2692 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 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. 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 z PY-09- I 0 -HS -0044 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above w By\ AP _De`puty Clerf NTY THE BOARD BY WELD COUNTY DEPARTMENT OF HUMAN. SERVICES By: BOARD OF COUNTY COMMISSIONERS a ELD COUNTY, C By: Chair William F. Garcia JUN - 3 2009 CONTRACTOR: Contractor If 6 �Q. 07009- is 7� PY-09-10-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. 7 PY-09-10-H5-0044 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 71h 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-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. 9 PY-09-10-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. 10 PY-09-10-I-I5-0044 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. 11 PY-09-10-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 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. 12 PY-09-10-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 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