HomeMy WebLinkAbout20092781.tiffRESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN -REGENTS OF UNIVERSITY OF COLORADO, A BODY CORPORATE
FOR AND ON BEHALF OF UNIVERSITY COLORADO DENVER, DBA SYNERGY/ARTS,
AKA SYNERGY OUTPATIENT SERVICES
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 a Child Protection Agreement 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 Regents
of the University of Colorado, a body corporate for and on behalf of the University Colorado Denver,
dba Synergy/ARTS, aka Synergy Outpatient Services, commencing October 1, 2009, and ending
May 31, 2010, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Child Protection Agreement 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 Regents of the University of Colorado, a body
corporate for and on behalf of the University Colorado Denver, dba Synergy/ARTS, aka Synergy
Outpatient Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of October, A.D., 2009, nunc pro tunc October 1, 2009.
BOARD OF COUNTY COMMISSIONERS
WELD,COUNi1COLORADO
ATTEST:
Weld County Clerk to t
BY'
Deputy Cler o the Board
Date of signature /C 21 X07
Sean P. Conway
Barbara Kirkmeyer
EXCUSED
David E. Long
2009-2781
HR0080
MEMORANDUM
a °Att,`n
DATE: October 15, 2009
TO: William F. Garcia, Chair, Board of County Commissioners
WIlD
�•FROM Judy A. Griego, Director, Human Services a me
q\jUt
COLORADO RE: Child Protection Agreement for Services between the Weld
County Department of Human Services and Regents of the
University of Colorado, University Colorado Denver dba
Synergy/ARTS aka Synergy Outpatient Services
Enclosed for Board approval is a Child Protection Agreement between the Weld County
Department of Human Services and the University of Colorado, University Colorado
Denver dba Synergy/ARTS aka Synergy Outpatient Services. This Agreement was
presented at the Board's September 22, 2009, Work Session.
The major provisions of these Agreements are as follows:
No.
Provider/Term
Program Area
Rates
1
University of Colorado, University
Colorado Denver dba Synergy/ARTS
aka Synergy Outpatient Services
October 1, 2009 — May 31, 2010
Multi -Systemic
Therapy
Core
$1,700/Month
Max. $40,800
If you have questions please give me a call at extension 6510.
2009-2781
PY-09-10-CORE-0194
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND REGENTS OF THE UNIVERSITY OF COLORADO, A BODY CORPORATE FOR AND ON
BEHALF OF THE UNIVERSITY COLORADO DENVER, DBA SYNERGY/ARTS
l/
This Agreement, made and entered into the f day offobr 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 Regents of the University of Colorado, a body
corporate for and on behalf of the University Colorado Denver, dba Synergy/ARTS (otherwise known as Synergy
Outpatient Services), hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, required approval, clearance, and coordination have been accomplished from and with
appropriate agencies; and
WI IEREAS, the Colorado Department of Human Services has provided Core Services funding to the
Department for Multi -Systemic Therapy; and
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
Term
This Agreement shall become effective on October 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.
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 7111 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 availability
of Core Services to the Department.
1
o?C69- c22cc/
PY-09-10-CORE-0194
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.
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)
2
PY-09-10-CORE-0194
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.
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:
The University of Colorado Denver warrants and represents that it self -insures for general liability,
automobile liability, workers' compensation, employers' liability and professional liability. The University
agrees that, when applicable, its self-insurance program shall provide coverage in accordance with the limits
of the Colorado Governmental Immunity Act. The Colorado Governmental Immunity Act provides that the
maximum amount that may be recovered against a public entity or public employee shall be (a) $150,000.00
for any injury to one person in a single occurrence, and (b) $600,000.00 for any injury to two or more
persons in a single occurrence, except in such instance no person may recover in excess of $150,000.00.
In the event that the activity takes place in a state other than Colorado, and/or a court of competent
jurisdiction determines that the limits of the Colorado Governmental Immunity Act do not apply, the
University of Colorado does maintain the following coverages:
Commercial General Liability
General Aggregate
Products/Completed Operations Aggregate
Each Occurrence Limit
Personal/Advertising Injury
$2,000,000
$2,000,000
$1,000,000
$1,000,000
Automobile Liability
Bodily Injury/Property Damage (Each Accident)$1,000,000
Personal Injury Protection Statutory
3
PY-09-10-CORE-0194
Workers' Compensation
Coverage A (Workers' Compensation)
Coverage 13 (Employers Liability) per occurrence
Aggregate
Statutory
$ 100,000
$ 500,000
The coverages provided by the University of Colorado Self -Insurance program are subject to terms and
conditions contained in the University of Colorado Risk Insurance Management Fund document.
The University of Colorado, a state entity, is barred from indemnifying any other party, and naming any
other entity as an "additional insureds" under its insurance policies. This policy is based on the prohibition
against indemnification in the Colorado Constitution. Our intent, as a partner in this contract or agreement,
is to provide your company or institution with sufficient protection to address any risk that could be
incurred as a result of the work performed by University of Colorado employees.
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:
4
PY-09-10-CORE-0194
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 Depa intent 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:
Elizabeth Whitmore, Ph.D.
Name
16. Notice
Social Services Administrator
Title
Director, Synergy Outpatient Services
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
Elizabeth Whitmore, Ph.D. - Director
1212 S. Broadway, Suite 200
Denver, CO 80210
(303) 934-8276
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.
5
PY-09- 10 -CORE -0194
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.
6
PY-09-10-CORE-0194
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST:
By:
Deputy Clerk
APPROVED AS T
Coun • ttomey
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
D OF COUNTY
ISSIONERS WELD
TY,COLORADO
Chair
CONTRACTO
BY
7
Contractor
Harlan L. Ray
Cr- P.1' roger
Grants anu L,ontracts
Regents of the University of
Colorado, a body corporate, for
And on behalf of the University
Of Colorado Denver.
0?aD9- a2c/
PY-09-I0-CORE-0194
EXHIBIT A
SCOPE OF' SERVICES
1. CONTRACTOR will provide Multi -Systemic Therapy (MST) services to male and female youth, ages 12-18
years of age, with substance abuse issues who reside in the greater Denver Metro Area. Contractor does not
accept youth who need psychiatric stabilization (i.e., suicidal, homicidal, psychotic).
2. 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.
3. Services are delivered in -home and/or in the community by certified MST therapists. Bilingual therapists are
available. Services include:
a. An average of 3-5 hours of service per week for approximately 3-5 months. Minimum/maximum
direct contact hours are 2-8 weekly or 9-34 monthly, with an average length of stay of 3-5 months.
b. On -call coverage 24 hours a day, 7 days a week.
c. Psychiatric assessment and medication monitoring, as needed, by agency psychiatrists.
d. Urinalysis 2-3 times per week.
e. Incentives for abstinence.
4. CONTRACTOR will submit reports on a monthly basis for each active referral.
5. CONTRACTOR will participate in team reviews of ongoing services as requested.
8
PY-09-10-CORE-0194
EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed
from Core Services funding, not to exceed $40,800.00.
Expenses incurred by CONTRACTOR, in association with said project prior to the term of this agreement,
are not eligible Department expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Contract, if Core Services funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of said funds for the purposes hereof. In the event that said
funds, or any part thereof, become unavailable as determined by the Department, the Department may
immediately terminate this Contract or amend it accordingly.
2. Fees for Services
$1,700.00/Month (Pro -rated for any partial month of service)
Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will
be performed regardless of client's refusal or inability to pay co -pay.
Contractor will collect any applicable sliding scale co -pays and credit the Department for any payments
received on the monthly billing statements.
3. Submittal of Vouchers
CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services
authorized were provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
a. All billings are to be submitted by the 7" day of the month following the month of
service. If the billing is not submitted within twenty-five (25) calendar days of the month
following service, it may result in forfeiture of payment.
b. Billings must be submitted with the attached required forms, Authorization for
Contractual Services, Request for Reimbursement, Client Verification Form and monthly
report, unless otherwise agreed upon. The Authorization for Contractual Services and
Client Verification Form must be submitted with original signatures.
c. For monitored sobriety, proof of services rendered shall be a sign -in sheet with client
signatures or the test result.
9
PY-09-10-CORE-0194
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 -or its
employees, volunteers, or agents while performing duties as described in this Agreement. Contractor shall
be responsible for its own wrongful or negligent acts or omissions or those of its officers, agents, or
employees while performing their professional duties to the full extent allowed by law. Notwithstanding the
foregoing, nothing in this Agreement is a limitation or waiver of the application of the Colorado
Governmental Immunity Act set forth in §24-10-101 to §24-10-120 any claims resulting from the
performance of the University of Colorado, its employees or agents under this Agreement.
CONTRACTOR shall provide adequate self insurance for liability and statutory 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 othenvise 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
10
PY-09-10-CORE-0194
have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the
audit finding.
10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during
business hours, have access to inspect any copy records, and shall be allowed to monitor and review
through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance
with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the
performance of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf
of CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement.
13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws.
CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds.
14. CONTRACTOR assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transaction by a federal department of agency.
b. Have not, within a three-year period preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 12 of this
certification; and
d. Have not, within a three-year period preceding this Contract, had one or more public transactions
(federal, state, and local) terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department
when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor
to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the
two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any
third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an
existing appearance of a conflict of interest situation, CONTRACTOR shall submit to the Department, a
full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure
to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the
Department's termination, for cause, of its contract with CONTRACTOR.
11
PY-09-10-CORE-0194
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 tinder 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-0194
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-0l 94
• 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
Hello