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Home My WebLink About20081996.tiff RESOLUTION RE: APPROVE ELEVEN CHILD PROTECTION AGREEMENTS FOR SERVICES 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 eleven 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 following providers, commencing June 1, 2008, and ending May 31, 2009, with further terms and conditions being as stated in said agreements, and 1. Reflections for Youth, Inc. (Day Treatment) 2. Reflections for Youth, Inc. (Option B - Home Based) 3. Reflections for Youth, Inc. (Sex Abuse Treatment) 4. Reflections for Youth, Inc. (Lifeskills) 5. Jubilee Retreat Center(Foster Parent Training) 6. Jubilee Retreat Center (Foster Parent Consultation) 7. Jubilee Retreat Center(Lifeskills - Bonding Program) 8. Lutheran Family Services (Option B - Home Based) 9. Helene Wurth, BSW (Home Studies/Relinquishment Counseling) 10. Ackerman and Associates, PC (Mental Health) 11. Dynamic Family Design (Platte Valley Youth Services - Investigations) (**Term of June 16, 2008, to June 9, 2009**) 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 eleven 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 above listed providers be,and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 2008-1996 (}(I th" `/ HR0079 RE: ELEVEN PURCHASE OF SERVICE AGREEMENTS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D., 2008, nunc pro tunc June 1, 2008. BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO ATTEST: ,),a� ` (�� . ;;,ate William H. Jerke, Chair Weld County Clerk to th• '0•rc �,� a'' EXCUSED / w / Robert Masdenro-Tern Deputy Clerk • the Boar• William F. Garcia O2 VED T M: EXCUSED David E. Long ounty Attorney ougla ademache Date of signature: s4/21 2008-1996 HR0079 Memorandum (Tem( Date: July 21, 2008 1 To: William H. Jerke, Chair, Board of County Co mis ioners e. From: Judy A. Griego, Director, Hum ervi 1Separt en COLORADO RE: Child Protection Agreements for e Weld County Department of Human Services Enclosed for Board approval are Child Protection Agreements between the Department of Human Services and Contractors listed below. These Agreements were reviewed at a Board Work Session on May 27, 2008, with the exception of the Agreement for Dynamic .1' Family Design, it was reviewed on June 16, 2008. Below is a summary of the major provisions of the attached Agreements: ,n Contractor & Type of Service & Rate & Maximum No. Term Funding Source Contract Amount 1 Reflections for Youth, Inc. Day Treatment Services $109.06 Per Day $ 80.00 Court Time June 1, 2008 —May 31, 2009 CORE Max. $60,000.00 2 Reflections for Youth, Inc. Home Based Services $101.39 Per Hour $ 80.00 Court Time June 1, 2008 —May 31, 2009 CORE Max. $20,000.00 3 Reflections for Youth, Inc. Sex Offender Supervision $ 60.00 Per Class June 1, 2008 —May 31, 2009 CORE Max. $10,000.00 4 Reflections for Youth, Inc. Mentoring and Visitatiop $ 60.99 Per Hour (L.tr I ^a.t- (Are S', s'!�'' $ 80.00 Court Time June 1, 2008 —May 31, 2009 CORE Max. $10,000.00 5 Jubilee Retreat Center Foster Family Training $3,995.00 Per Class $ 58.00 Per Person June 1, 2008 —May 31, 2009 Child Welfare Adm. Max. $50,000.00 6 Jubilee Retreat Center Consultation $ 95.00 Per Hour June 1, 2008 —May 31, 2009 Child Welfare Adm. Max. $50,000.00 2008-1996 7 Jubilee Retreat Center Parental Coaching $ 95.00 Per Hour $125.00 Court Time June 1, 2008 —May 31, 2009 Child Welfare Adm. Max. $75.000.00 8 Lutheran Family Services Home Based Services $105.00 Per Hour $ 75.00 Per Hour June 1, 2008 —May 31, 2009 CORE Max. $35.000.00 9 Helen Wurth, BSW Home Study & $100.00 Per Hour Relinquishment Counseling $950.00 Home Study June 1, 2008 —May 31, 2009 Child Welfare Adm. Max. $10,000.00 10 Ackerman & Associates, P.C. Counseling & Therapy $110.00 Per Hour $110.00 Court Time June 1,2008 —May 31, 2009 CORE Max. $10,000.00 11 Dynamic Family Design Platte Valley Youth $ 30.00 Per Hour Services—Investigations June 16, 2008 —June 9, 2009 Child Welfare Adm. Max. $50,000.00 If you have any questions please call me at extension 6510. Filed O:BM 07 XX 2008 S-B 01.doc l c-7//C;-��- PY-08-09-CORE-0112 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH,INC. This Agreement,made and entered into the I day of / 2008,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: 1. Term This Agreement shall become effective on June I,2008,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 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 10th 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. PY-08-09-CORE-01 12 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-08-09-CORE-0 1 12 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,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 policy. 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-08-09-CORE-0112 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. 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-08-09-CORE-0112 I4. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For the Department: Gloria Romansik Social Services Administrator Name Title For CONTRACTOR: Jeffrey J.Johnson,MA,LPC Executive Director Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Grieco,Director Jeffrey J.Johnson,MA,LPC P.O.Box A P.O.Box 1860 Greeley,CO 80632 Berthoud,CO 80513 (970)352-1551 (970)344-1380,x202 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 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 10 herein. 5 PY-08-09-CORE-01 12 IN WITNESS WHEREOF,the partie •- - have duly executed the Agreement as of the day,month,and year first above written. ^J� ATTEST: WELDiSARDOFCOUNTY CLERK • T MAR© •.,/¶OMMISSIONERS WELD OUNTY,COLORADO By: h/// ti tried 4 C�'� By: �.-v� 2ti✓ puty Clerk ' - William H.Jerke,Chair JUL 2 1 2008 APP VEDAS TO F(/ CONTRACTOR: BY Co homey le J ns n,MA,LPC-Executive Director WELD COUNTY DEPARTMENT OF HUMAN ERVICES W'l 7 By: v U^`" Jud .Grtego, jrector 6 aaw-/996 PY-08-09-CORE-01 12 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 will provide day treatment services at 1000 S.Lincoln Avenue,#190-200,Loveland,CO 80537. 3. CONTRACTOR is licensed by the Colorado Department of Human Services State Child Care Licensing. 4. 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 expected to participate in the above progression of services and will be provided detailed information at the time of discharge. 5. CONTRACTOR will provide individual,group and family therapy to all referred youth unless otherwise directed by the Department. 6. CONTRACTOR will provide interpretive services and transportation on a case-by-case basis as needed. 7. 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. 8. 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. 9. 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. 10. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-08-09-CORE-0112 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$60,000.00. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,if Core Services funds,whether in whole or in part,is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds,or any part thereof,become unavailable as determined by the Department,the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $109.06/Day(All inclusive) $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 10`"`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 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-08-09-CORE-0112 EXHIBIT C ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR- contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in this Agreement.CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed,color,sex,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide accurate,current,separate,and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records,documents,communications,and other materials created pursuant or related to this contract shall be maintained by CONTRACTOR, in a central location and shall be made available to Social Services upon its request,for a period of seven(7)years from the date of final payment under this Contract,or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until the resolution of the audit finding. 9 PY-08-09-CORE-01 12 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification; and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal, state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 10 PY-08-09-CORE-01 12 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to,duplication and dissemination of,all such information. CONTRACTOR shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(I)lawfully obtained from third parties, (2)that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-17.5- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101,et seq., the Department may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24- 76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it(a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. I1 PY-08-09-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. Colorado's next review will be held in March 2009. 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-08-09-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 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 tc3/l&f if PY-08-09-CORE-0149 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH, INC. This Agreement,made and entered into thel day of�txNF. 2008,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 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 1,2008,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 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 10'"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 & — /996 PY-08-09-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 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-08-09-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 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,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 policy. 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-08-09-CORE-0149 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. 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-08-09-CORE-0149 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 Social Services Administrator Name Title For CONTRACTOR: Jeffrey J.Johnson,MA,LPC Executive Director Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Jeffrey J.Johnson,MA,LPC P.O.Box A P.O.Box 1860 Greeley,CO 80632 Berthoud,CO 80513 (970)352-1551 (970)344-1380,x202 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 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 10 herein. 5 PY-08-09-CORE-0149 IN WITNESS WHEREOF,the p h my executed the Agreement as of the day,month,and year first above written. ,+. ; { ,i l j;;1" ATTEST: WELDC q�T r� c / �' B RDOFCOUNTY CLERK T Y O,IRI}.t d MISSIONERS WELD '1 t �,.. -:,., LINTY,COLORADO By: By: ��i 1—!j✓ Deputy Clerk William H.Jerke,Chair JUL 21 2008 VEDAS TO CONTRACTOR: BY ttomey Je ey . n,MA,LP .- x cutive Director WELD COUNTY DEPARTMENT OF HUMA SERVICES By: Ju riego Director 6 act,,--/226 PY-08-09-CORE-0149 EXHIBIT A SCOPE OF SERVICES I. 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 transitioning 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 experience 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-08-09-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$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 $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 10th`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 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-08-09-CORE-0149 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-08-09-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. II. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 10 PY-08-09-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(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-08-09-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. Colorado's next review will be held in March 2009. 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-08-09-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 <-3'r, PY-08-09-CORE-0161 /O CHILD PROTECTION AGREEMENT FOR SERVICES "9r/y BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH,INC. This Agreement,made and entered into the \ day of pi( 2008,by and between the Board of Weld County Commissioners,sitting as the Board of uman 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 I,2008,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 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 10th 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 as —i95 6, PY-08-09-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.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-08-09-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 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,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 policy. 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-08-09-CORE-0161 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. 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-08-09-CORE-0 161 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 Social Services Administrator Name Title For CONTRACTOR: Jeffrey J.Johnson,MA,LPC Executive Director Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Jeffrey J.Johnson,MA,LPC P.O.Box A P.O.Box 1860 Greeley,CO 80632 Berthoud,CO 80513 (970)352-1551 (970)344-1380,x202 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 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 10 herein. 5 PY-08-09-CORE-0161 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD CO ' t'� BO1A D OF COUNTY CLERK T %HE :raiskD y ' LCO MISSIONERS WELD 1 �k> ,tc� TY,COLORADO'By: ty Clerk •._,may' William H.Jerke,Chair UL 21 2000 APPR AST CONTRACTOR: BY unty Atto Jeffrey J s ,MA, PC-Execu we Director WELD COUNTY DEPARTMENT OF HUMANjSERVICES By: � Ju SIIA.Griego, hector •J 6 de6P-/22 PY-08-09-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-08-09-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$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 $60.00/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 l0`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 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-08-09-CORE-0161 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-08-09-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. II. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. I0 PY-08-09-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(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-08-09-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. Colorado's next review will be held in March 2009. 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-08-09-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 PY-08-09-CORE-0127 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REFLECTIONS FOR YOUTH,INC. '4r- This Agreement, made and entered into the day of tz,i 2008,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 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: I. Term This Agreement shall become effective on June I,2008,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 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 10th 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-08-09-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-08-09-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,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 policy. 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-08-09-CORE-0127 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals, insurance,etc. required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. I I. 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-08-09-CORE-0127 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 Social Services Administrator Name Title For CONTRACTOR: Jeffrey J.Johnson,MA,LPC Executive Director Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Grieco,Director Jeffrey J.Johnson,MA,LPC P.O.Box A P.O.Box 1860 Greeley,CO 80632 Berthoud,CO 80513 (970)352-1551 (970)344-1380,x202 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 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 finding 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 10 herein. 5 PY-08-09-CORE-0127 IN WITNESS WHEREOF,the parti> ?to,i$ . ,, ,y., executed the Agreement as of the day,month,and year first above written. -.21/. ATTEST: WELD CO T x " 9 OI'DOFCOUNTY CLERK TO AP;,? t MISSIONERS WELD C7 °.^ _ k.g'e TY,COLORADO By: /��ti/ I i �.�ji�u,;.�' By: -v�liGv� Deputy Clerk William H.Jerke,Chair JUL 2 1 2008 APP' I V'I AS M: CONTRACTOR: BY Co elf!. J non, A,LPC-Execute rector WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: l tJ C ud .Griego,Di ector 6 &OAI-/29 , PY-08-09-CORE-0127 EXHIBIT A SCOPE OF SERVICES 1. 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-08-09-CORE-0127 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 $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 l0e'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 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-08-09-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-08-09-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. 1 I. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 10 PY-08-09-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-08-09-CORE-0127 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. Colorado's next review will be held in March 2009. 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-08-09-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 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 ' hi PY-08-09-CPStg95 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER 7 This Agreement,made and entered into the / day of "I C 2008,by and between the Board of Weld County Commissioners,sitting as the Board of wnan Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Jubilee Retreat Center,hereinafter referred to as "Contractor". 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 DX.pm ant for Foster Parent Training;and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 1,2008,upon proper execution of this Agreement and shall expire May 31,2009,unless sooner terminated as provided herein. 2. Sivas 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,"PILnt Schedule,"of which are attached hereto and incorporated herein by reference. "PJyfIILnt 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 10th 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-08-09-CPS-0095 4. Financial Management At alines 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 atmual 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 casts incurred in the performance of the agreanent. 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 rt.marar e_ 7. Caraliaree with Applicable Laws At all titles 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 Ad of 1964,42 U.S.C.Sections 2000d—1 a seat and its implementing regulation,45 C.F.R.Part 80 et serf;and Section 504 of the Rehabilitation Act of 1973,29 U.S.C Section 794,and its implementing regulations,45 CFR 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 Amat&tems 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 breauce 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-0S-09-CPS-0095 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affmiative 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,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 policy. 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-5500,000 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 5500,000. 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-08-09-CPS-0095 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. 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. CutiGurtio hs 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 mil the necessary services or oorectiacts in pit funwn.e 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; c. Incorrect payment to CONTRACTOR due to omission,error,fiad,and/or defalcation shall be recovered from CONTRACTOR by deduction from subsequent payments under this Agreement or other agn.arratl&between the Department and CONTRACTOR,or by the Department as a debt due to the Department or otherwise as provided by law. 4 PY-08.09-CPS-0095 14. Representatives For the pnpase 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 Romansl7c Social Sat Administrator Name Title For CONTRACTOR: Lori Kochvar,MS.LPC Owner Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be send: To: The Department To: CONTRACTOR Judy A.Grieco,Director Lori Koc hevar MS,LPC P.O.Box A 1024 8'"Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)352-8873 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being saved 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 AsR,JR.ot 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 Agri.. nt 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-08-09-CPS-0095 IN WITNESS WHEREOF,the parties haeto have duly executed the Agreement as of the day,month,and year first above walla). ATTEST: �i, / - ! , �� WELD a ry : ARDOFCOUNTY CLERK I : a L% J ' I •a! I I SSIONERS WELD �•1 `� ,COLORADO sy y .4 • A\--;77- Deny Clerk �- ` I William FI-Jake,Chair JUL 2 1 2008 R ED AS TO CONTRACTOR_ r v_. BY Y— e /^ Lori Kn MS LPCNW/'lOwoer'LO"� l WELD COUNTY DEPARTMENT OF HUMAN ERVICES By: u� 1 AC 6 �o6s)-i99� PY-08-09-CPS-0095 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 information on the following: a. Effects of fostering on the foster family. b.Foster care resources and references. c.Balancing needs(team approach to foster care). d.Roles and responsibilities of foster parents. e.Reasons for and determination of placement of children. f. Appropriate boundaries. g.Documentation. h. Structured house procedures. i. Working with biological family members. j.Overview of abuse. k. Effective parenting. 1. Legal issues. m. Ethnicity and cultural issues. n.Key concepts of child growth and development. o. Attachment and bonding issues. p. Attachment parenting. q. Consequence-based parenting. 3. Foster Parent Education Groups will be conducted on a monthly basis and will be educational in nature. CONTRACTOR will 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-08-09-CPS-0095 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$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 Child Welfare Administration funds,whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds,or any part thereof,become unavailable as determined by the Department,the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $3,995.00/Episode(Core Foster Parent Training—Regardless of Number of Participants) $58.00/Person/Group(Foster Parent Education 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 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 loth`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 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-08-09-CPS-0095 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 At ice,ll�rht 2. Weld County,the Board of Commissioners of Weld CountyCounty,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 Agi....aaat 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 fluids 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,doc mentts,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-0g-09-CPS-0095 I0. 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 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 office 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,gram,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 Cordial 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 Ay....mc,.nt,been convicted of or had a civil judgment rendered against than 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 embosalemert,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this catification 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 IXpaatrnemt,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 rausr of its contract with CONTRACTOR. 10 PY-08-09-CPS-0095 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 pr.gnaiuy 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_RS.)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.RS.)8-17.5- I01,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(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS.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 C.R.S. 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.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 fors of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. II PY-08-09-CPS-0095 EXHIBIT D CHILD ad 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. Colorado's next review will be held in March 2009. For each outcome, data and performance indicators measne each state's performance according to national standards and monitors progress over time. Following the review,a Perfarnwmce 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 pu lyw in this area,the Department is requiring providers to comply with a standard rs kastnint 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 proviJ,a 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 sank 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 reconunendations regarding services and/or safety measures that the provider believes should be implemented to insure safety of the chrld(ren). • Providers must specifically document efforts to engage families in services and to control fir safety. Permanency Outcomes CFSR Outcome Measures P� nuurun y I Children have permanency and stability in their living situations. Permanency 2 The continuity of family relationships and connections is preserved for children. Considerations fir 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-0&09-CPS-0095 • 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,siblmg/sibliog,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 recoi niending changes to services and/or placements. Child add Family We l-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 assessmaas of the parents'capacity to appropriately care fir 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-0S-09-CORE-0117 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER This Agmxrnet,made and entered into the /4day of�� ,lc 2008,by and between the Board of Weld County Commissions,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Jubilee Retreat Ceuta,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 larding to the IX ' ant 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 I,2008,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 ref-ew... 3. Payment a. Payment shall be made on the basis of Exhibit B,"Payuwnt 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 finding 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 10c"day of the month fallowing 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 4' 8— /922 PY-08-09-CORE-0117 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide pupa monthly invoices and itemization of services performed for costs incurred in the performance of the agreanent. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual tams,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 afna. 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 oldie Civil Rights Act of 1964,42 U.S.C.Sections 2000d—1 et seq.and its implanehting regulation,45 CFR Part 80 a. ;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 inhplanahlation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and the Age Disaainatian 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 bream-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-08-09-CORE-0117 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial racial 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 fir Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcwres 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,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 policy. 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(It&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than SI million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 • PY-0g-09-CORE-0117 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. 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 ph.funwa.e 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,aror,baud,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-08-09-CORE-0I 17 14. Representatives For the purpose of this Ag.tat,the individuals identified below am 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 tk Social Saviors Adtninisirator Name Tide For CONTRACTOR: Lori Kodera MS,LPC Owner Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Depatmat To: CONTRACTOR Judy A.Griego,Director Lori Koctevar,MS,LPC P.O.Box A 1024 8'"Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)352-8873 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement CONTRACTOR,within five(5)calendar days after being saved 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 Agreaneot 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 d services to clients if finding is no longer available. 18. Entire AJw.aait This Agit...Mat,togaher 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-08-09-CORE-0I l7 IN WITNESS WHEREOF,the parties duly ekeated the Agmeeme tt as of the day,month,and year first above written. ;r^ ATTEST: WELD OF COUNTY CLERK 1))1D k SSIONERS%VE D (f ,COLORADO By: By: /Ltd G Deputy flak William IL Jake,Chair JUL 2 1 2008 APPROVED AS TO CONTRACTOR: BYiarkedrii adevar L WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: \ \) a er J Grieg°, irector 1 1 6 aa0P- /996 PY-08-09-CORE-0l 17 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will provide consultation for drildren and youth residing in Weld County fbsta homes as referred by the Department The goal of the program is to enhance and improve the quality of care being provided to Weld County's children and youth. 2. CONTRACTOR will work collaboratively with children,foster parents,caseworkers,foster care coordinators and other service providers to identify and address issues,in a solution-focused manner that could potentially disrupt placements. 3. CONTRACTOR will follow up with referred foster family within 48 hours of receiving referral and will document efforts to engage foster family in referred services. 4. CONTRACTOR will make m inums-.aiaiiuu 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 0.parbneut 9. CONTRACTOR will participate in team reviews of ongoing services as needed. 7 PY-08-09-CORE-0l 17 EXHIBIT B PAYMENT SCHEDULE I. Funding and Method of Payment The Department agrees to reimburse rse CONTRACTOR in consideration for the work and services performed from Core Services finding,not to exceed$50,000.00. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement, nt, are not eligible Department expenditures and shall not be reimbursed by the Department Payment pursuant to this Contract,if Core Services fiords,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 funds,many part thereof become unavailable as detemhined by the Department,the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $95.00/Hour(Foster Parent Consultation) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a All billings are to be submitted by the le 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 fix Contractual Services,Request for Reimbursement,Client Verification Form and monthly report 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-08-09-CORE-0I 17 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 acts or omissions of CONTRACTOR- contracted CONTRACTOR or its employees,volunteers,or agents while performing deities 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 posses,not shall any portion of this Agreement be deemed to have created a duty of rare 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,nts,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 nerrsssry 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-08.09-CORE-0117 10. CONTRACTOR aswres 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 contact activities,supported with funds under this Contract to ensure compliance with the terms of this Agreement Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate finding sources_ The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 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 finds. 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 Ag.,.,..ms.nt,been convicted of or had a civil judgment rendered against than 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 satenents,or receiving stolen property; c. Are not pitnelEly indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with CONTRACTOR. 10 PY-08-09CORE-0117 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract Except for purposes directly camected 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 uw.agnoort 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 bmsiness. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.)8-175- 101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work wide 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.RS. 8-175-102(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 CRS. 24-765-103(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 PY-08-09-CORE-0l25 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND JUBILEE RETREAT CENTER This Agreement,made and enteral into the / day of_ES 2008,by and between the Board of Weld County Co®iissiooas,sitting as the Board of Humeri Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the“Department,"and Jubilee Retreat Carter,hereinafter referred to as "Cortracttor". WFINESSETH 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 t ifrskils(Bonding Program);and NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Tam This Agreement shall become effective on June 1,2008,upon proper execution of this Agreement and shall expire May 31,2009,unless sooner terminated as provided herein. 2. Scrape 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. "Payneat Schedule"shall establish the maximum reimbursement,which will be paid from Core Services finding during the duration of this Agreement nt b. CONTRACTOR shall submit an itemized monthly bill to the Department fix 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 iteninal monthly billings to the Deparmrent by the 1016 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 Agrat nt &La)— /%%(n PY-0L09-CORE-0125 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Panama Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and lionization of services performed for costs incurred in the performance ofthe 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 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 fah in the attached Exhibit C,which is attached hereto and incorporated herein by 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable fuk.al 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 CFR Part 80 et._;and - Section 504 ofthe Rehabilitation Act of 1973,29 USE.Section 794,and - its implementing regulations,45 C.F.R.Part 84;and die Age Discrimination An of 1975,42 U.S.C.Sections 6101 d seq.and its implementation regulations,45 C. 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,RI—99-603; 42 C F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination beaus.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 rosary,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-08-09-CORE-0 I 25 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 fir Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services IL,,a.s(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 perfor mace according to national standards and monitor progress ova time. Following the review,a Program Imttoveme t Plan(PIP)will be implemented far 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,at its own expense,and maintain fir the duration of the work,the following insurance coverage;Weld County,Colorado,by and through the Board of County Commissioners of Weld Canny,its employees and agents,shall be named as additional named insured on the insurance policy. 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 S1 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-0&-09-CORE-0125 c. Automobile liability(Minimum). I. Minimum of$500,000 combined single limit auto insurance. 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. 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 tangs 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 Amapa* All modifications to this agrcema1 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 payman to CONTRACTOR until the necessary services or conuli ns in performance are satisfacto-Ty 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,emir,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-08-09 CORE_0125 14. Representatives For the purpose of this A,n.,.11.nt,the individuals identified below ate hereby designated representatives of the respective parties. Either party may from lime to time designate in writing a new or substitute representative(s): For the Department Gloria Rotnansik Social Sat Administrator Name Title For CONTRACTOR: Lori Kodnvar,MS.LPC Owner Name The 15. Notice All notices requited to be given by the panics hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent To: The Department To: CONTRACTOR Judy A.Griego.Director Lori Koduvar,MS.LPC P.O.Box A 1024 8`Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970)352-8873 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a st®tmons,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 aeditors,and filings in bankruptcy,reorganization and/or foreclosure. 17. Termination This Agrearat 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. 18. Entire Atacama This Agreane t,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-08-09-CORE-01 u IN WITNESS WHEREOF,the parties hereto have duly mended the Agreement as of the day,math,and year first above written. V/FLD •r � �! :*ARDOFCOUN1Y CLERK r i P �_ •r, ISSIONERS WELD at ,COLORADO By= Tkpt3r lak � ' . .... _ - '.✓ William H.Jake,Chair JUL 2 '1 2006 API" ED AS it)F! : : CONTRACTOR: BY sc �'. Knd r,MS,LPC-Owner WELD COUNTY DEPARTMENT OF HUMAN SERVICES J A_GrieRa I I 6 �&-/92 PY-08-09-CORE-01 25 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide ongoing assessment,coaching,support and information,through supervised visitation time,to families referred by the Department for the purpose of assisting biological parents in building a stranger emotional relationship with their children. 2. CONTRACTOR will focus on teaching biological parents how to create an emotionally safe and secure awironneit for their children and maintain their children in their home. The Bonding Program has three primary goals: I)Improve health and safety-related behaviors,2)improve the well being of the family, and 3)enhance the parents'ability to provide permanency and stability for themselves and their children. 3. CONTRACTOR will assess parental abilities and capacity on an ongoing basis to appropriately care for their children in their home and report this information on a monthly basis to the Department. 4. CONTRACTOR will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of bonding services and/or the need for additional services. 5. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include,but are not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. CONTRACTOR will submit 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-08-09-CORE-0125 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration fir the work and services performed from Core Services finding,not to exceed$75,000.00. Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement,are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Contract,if Core Services finds,whether in whole or in part,is subject to and contingent upon the continuing availability of said fiords for the purposes hereof. In the event that said funds,or any part thereof become unavailable as determined by the Department,the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $95.00/Hour(Bonding Services) $125.00/Hour(Court Facilitation,Staffing or Testimony) Department referrals will not 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 l x`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 tutu be submitted with the attached required forms,Authorization for Contractual Services,Request for Reimbursement,Client Verification Form and monthly report 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-08-09-CORE-0125 EXHIBIT C ASSURANCES 1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits is as Weld County employees,as the result of the me dion of this Agreement 2. Weld County,the Board of County Commissioners of Weld Canty,its offaxn and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR- contracted CONTRACTOR or its a..upluyexa,volunteers,or agents while perfuming duties as described in this Agreement CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of County Commllisssimass 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 Agr...met 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 finds 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 ir.capcaive 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 Ag..aitat 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 father 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-OS-09-CORE-0125 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with finds ruder 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 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 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,gram,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 emuaneated in paragraph 11(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or none 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-08-09-CORE-0125 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except fir purposes directly connected with the administration of Child Protection,no information about or obtained from any applicandrecipient 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. A opt:Maly information for the purposes of this contract is information relating to a party's research, development,trade seas,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 prop ieta.y 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 fir similar information in the course of its awn business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.RS.)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- 01,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. 8-175-102(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_8-175-101,et seq.,the Department may terminate this Contract for breath and Contractor shall be liable fir actual and consequential damages to the Department Except where exempted by federal law and except as provided in CRS 24-765-103(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 lawfdly 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 forts 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 It PY-08-09-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. Colorado's next review will be held in March 2009. For each outcome, data and performance indicators measure each state's perfommance according to national standards and monitors progress over time. Following the review,a Performance hnpnvanent 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 amply 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 asanced 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 foremast,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 permanent'and stability in their living situations. Pc.m maar.y 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-0g-09-CORE-0125 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers'opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended f rnily/dtild,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 sad Family Wef-B lag 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 oftihe 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 • 0.• p PY-08-09-CORE-0148 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES This Agreement,made and entered into the I day of-MLA n1C 2008,by and between the Board of Weld County Commissioners,sitting as the Board of Human Services,on behalf of the Weld County Department of Human Services,hereinafter referred to as the"Department,"and Lutheran Family Services,hereinafter referred to as"Contractor". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided 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,2008,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 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 10th 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. aal2-/99e PY-08-09-CORE-0148 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,CONTRACTOR shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A- 133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. The Department may withhold any payment if CONTRACTOR has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable federal and state laws,orders, and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicanUrecipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. CONTRACTOR acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d—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 WI 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-08-09-CORE-0148 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR shall procure,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 policy. a. Standard Workman's Compensation and Employer's Liability. 1. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$I million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-08-09-CORE-0148 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. 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. 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-08-09-CORE-0148 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 Social Services Administrator Name Title For CONTRACTOR: James Barclay President/Chief Executive Officer Name Title 15. Notice Al]notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director James Barclay,President/CEO P.O.Box A 3800 Automation Way,Ste.200 Greeley,CO 80632 Fort Collins,CO 80525 (970)352-1551 f970)226-1788 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The tern"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 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 10 herein. 5 PY-08-09-CORE-0148 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: D WELD CO �e Y 4.. `r.BO OF COUNTY CLERK TO t .- COIy1 SSIONERS WELD r Cuff'TY,COLORADO � By 61LGs iA�.s , • By' Deputy Clerk .!�� William H.Jerke,Chair JUL 2 1 20 s s AP VED AS,K• CONTRACTO:. BY 4V�� Co Ja a , ' esi.ent/CtefExec eOfficer WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: A,, �, i1LA?v Judy A.Grego,Director • i 6 02001—/996 PY-08-09-CORE-0148 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide time-limited home-based services to families referred by the Department, through their Home-Based Intensive Services Program. 2. The purpose of this program is to serve families who are either at risk of having children placed out-of- home or whose children have recently been transitioned home. 3. Services are provided utilizing flexible,individualized service modalities based upon the family's strengths and needs with a goal of creating a safe,stable and nurturing family environment;preventing,reducing or eliminating behaviors that may place a child or family at risk;and preventing unnecessary out-of-home placements. 4. CONTRACTOR will work with referred families,in a solution-focused manner,to identify dysfunctional parent/child interactions;cross-generational trauma and family-of-origin problems; triggers resulting in familial instability;family patterns,cycles and hierarchies; and will assist family members in regulating emotions and improving family communication patterns. 5. Families appropriate for this program demonstrate generational family patterns embedded in the family structure that negatively impact any parenting skills the parents may or may not have learned. These patterns impede the ability of the parents to provide a safe and stable environment for their children. 6. CONTRACTOR 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-08-09-CORE-0148 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from Core Services funding,not to exceed$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 Core Services funds,whether in whole or in part,is subject to and contingent upon the continuing availability of said funds for the purposes hereof In the event that said funds,or any part thereof,become unavailable as determined by the Department,the Department may immediately terminate this Contract or amend it accordingly. 2. Fees for Services $105.00/Hour(Face-to-Face Contact) $75.00/Hour(Court Travel Time/Testimony,Court Facilitation,Family Group Conference Meetings) Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments received on the monthly billing statements. 3. Submittal of Vouchers CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. a. All billings are to be submitted by the 10`th'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 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-08-09-CORE-0148 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-08-09-CORE0148 IC. 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 contact under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification; and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause,of its contract with CONTRACTOR. 10 PY-08-09-COR&0148 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to,duplication and dissemination of,all such information. CONTRACTOR shall advise its employees, agents,and subcontractor,if any,that they are subject to these confidentiality requirements. CONTRACTOR shall provide its employees,agents,and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. CONTRACTOR shall have its employees,agents,and subcontractors,if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department,if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third parties, (2)that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors,and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(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-08-09-CORE-0148 EXHIBIT D CHILD and FAMILY SERVICES REVIEWS(CFSR) The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas;Safety, Permanency and Well Being of families. Colorado's next review will be held in March 2009. 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-08-09-CORE-0148 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents'capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concems. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 V cy •> PY-08-09-CORE-0132 J�! CHILD PROTECTION AGREEMENT FOR SERVICES ) BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES -r. AND ACKERMAN &ASSOCIATES,P.C. This Agreement,made and entered into the I day of- 2008,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 1,2008,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 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 10th 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 aeecP-/996 PY-08-09-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—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-08-09-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,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 policy. a. Standard Workman's Compensation and Employer's Liability. I. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL& PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$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-08-09-CORE-0132 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals, insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. I I. 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 he 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-08-09-CORE-0132 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 Social Services Administrator Name Title For CONTRACTOR: Joyce Shohet Ackerman,Ed.D. Owner Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Joyce Shohet Ackerman,Ed.D. P.O.Box A 1725 25th Avenue Greeley,CO 80632 Greeley,CO 80634 (970)352-1551 (970)353-3373 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors, and filings in bankruptcy,reorganization and/or foreclosure. 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 10 herein. 5 PY-08-09-CORE-0132 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: �. f / f .l < << i -' •ARDOFCOUNTY CLERK QARD1o.r _I)MMISSIONERS WELD V4 I �ISUNTY,COLORADO ,%'r t D uty Clerk \ , William H.Jerke,Chair JUL 2 1 2008 /7-APP VED ORM: CONTRACTOR: �--- � a BY un Attorney Joyc Sho et Ackerman,Ed.D.-Owner WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: u y A.Grie o,Directo 6 cy766p- /59i PY-08-09-CORE-0132 EXHIBIT A SCOPE OF SERVICES I. 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-08-09-CORE-0132 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 $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 IV'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 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-08-09-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-08-09-CORE0132 10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives,and assigns. CONTRACTOR or the Department may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract, loan,grant,or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is Core Services funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with 10 PY-08-09-CORE-0I 32 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. I1 PY-08-09-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. Colorado's next review will be held in March 2009. 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-08-09-CORE-0132 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents' capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 PY-08-09-HS-0044 �� -;,A 'w9 /�p CHILD PROTECTION AGREEMENT FOR SERVICES "k . -.. BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES G AND HELENE WURTH,BSW 0. This Agreement,made and entered into the/_ day of Jt{„ye 2008,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: i. Term This Agreement shall become effective on June 1,2008,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 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 I 0`"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. PY-08-09-1 =- 4. Financial Manaeement At an times rrom me effective date of this Contract until completion of this Contract,CONTRACTOR comply with the administrative requirements,cost principles and other requirements set tortn in me Ytnanciat Management Manual adopted by the State of Colorado. The required annual audit of all funds expenaea unaer 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-08-09-HS-0044 Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Compliance with Child and Family Services Review The Child and Family Services Reviews(CFSR)examines child welfare service outcomes in three areas; Safety,Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance services to families. CONTRACTORS providing services to the Department families and children must continually strive for positive outcomes in the areas of safety,permanency and well being. Contractors providing services in program areas identified by the Department are required to comply with a standard assessment and reporting system set forth in Exhibit D which will address the aforementioned three areas. 9. Insurance CONTRACTOR shall procure,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 policy. a. Standard Workman's Compensation and Employer's Liability. I. As required by state statute including occupational disease,covering all employees at work site. b. General Liability(PL&PD)(Minimum). 1. Combined single limit-$500,000 written on an occurrence basis. 2. Any aggregate limit will not be less than$1 million. 3. Provider must purchase additional insurance if claims reduce the annual aggregate below $500,000. 4. State of Colorado to be named as additional insured on each comprehensive general liability policy. 5. Certificate of insurance to be provided to Weld County and must be attached to the contract. 6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to Weld County. 3 PY-08-09-HS-0044 c. Automobile Liability(Minimum). 1. Minimum of$500,000 combined single limit auto insurance. d. Additional coverage may be required in specific program areas. For any insurances that are required by this contract,a completed Standard Certificate of Insurance Form shall be provided to the Department by the Contractor prior to the start of any contract. 10. Certifications CONTRACTOR certifies that,at the time of entering into this Contract,it has currently in effect all necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any contract. I I. 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-08-09-HS-0044 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 Social Services Administrator Name Title For CONTRACTOR: Helene Wurth,BSW Private Practice Name Title 15. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: The Department To: CONTRACTOR Judy A.Griego,Director Helene Wurth,BSW P.O.Box A 4306 Beaver Creek Drive Greeley,CO 80632 Fort Collins,CO 80526 (970)352-1551 (970)226-2692 16. Litigation CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.CONTRACTOR,within five(5)calendar days after being served with a summons,complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Human Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 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. IS. 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-08-09-HS-0044 IN WITNESS WHEREOF,the parties eto have duly executed the Agreement as of the day,month,and year first above written. s" q ATTEST: WEL��S r4� OARDOFCOUNTY CLER O �aOAR;; " It OMMISSIONERS WELD OUNTY,COLORADO By: / Liii l ��►�.t : :.% By: Deputy Clerk,- `� William H.Jerke,Chair JUL 2 1 2008 APPROVED ASIF. 'M: CONTRACTO BY 111 Co tt ey Helene Wurth,BSW WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Judy A.Griego,Director:, 6 0-2OP- /79(e PY-08-09-HS-0044 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR will provide home study and relinquishment counseling services for families referred by the Department. 2. CONTRACTOR 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-08-09-HS-0044 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment The Department agrees to reimburse CONTRACTOR in consideration for the work and services performed from 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 $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 10th`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 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-08-09-H S-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-08-09-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. 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 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 1 1(b)of this certification;and d. Have not,within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a CONTRACTOR with the Department when the CONTRACTOR also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,CONTRACTOR shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its contract with 10 PY-08-09-HS-0044 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. 1l PY-08-09-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. Colorado's next review will be held in March 2009. 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-08-09-HS-0044 • Providers should continually provide recommendations about whether any out-of-home placement continues to be appropriate and should make recommendations regarding when changes in this area should be made,in the providers' opinion. • Providers should continually assess family relationships(parent/child,sibling/sibling,extended family/child,etc.)and should report any concerning relationship issues which may be a barrier to achieving permanency. Providers should document ongoing efforts to resolve those issues and/or make recommendations regarding additional services that may be required to address relationship issues. • Providers must document specific time frames when recommending ongoing services and/or recommending changes to services and/or placements. Child and Family Well-Being Outcomes CFSR Outcome Measures Well Being I Families have enhanced capacity to provide for their children's needs. Well Being 2 Children receive appropriate services to meet their educational needs. Well Being 3 Children receive adequate services to meet their physical and mental health needs. Considerations for the Department's providers: • Providers must engage in ongoing assessments of the parents'capacity to appropriately care for their children and whether or not the service being provided continues to be appropriate. This must be clearly documented in monthly reports. • Providers should specifically detail areas of continued concern within the family and make recommendations regarding whether that provider's service continues to be appropriate. Reports should also document what barriers may be impeding progress. • Providers should document any and all observed concerns regarding any child with whom the provider is working. This should include concerns regarding physical,emotional,educational and behavioral well- being of the child. When appropriate,providers should make recommendations regarding evaluations and/or additional services that may address these concerns. *Standardized reports will be provided and should be utilized by all agencies providing ongoing services to the Department's families unless otherwise noted. 13 Contract No. 07-08-CPS-87 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DYNAMIC FAMILY DESIGN This Agreement, made and entered into the 16th day of June,2008, by and between the Board of Weld County Commissioners,sitting as the Board of Social Services, on behalf of the Weld County Department ofHuman Services,hereinafter referred to as"Human Services,"and Dynamic Family Design,hereinafter refered to as "PROVIDER". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has providedChild Welfare Regular Administration funding to Human Services for supervisory support to child welfare supervisors; and WHEREAS, PROVIDER is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on June 16,2008,upon proper execution of this Agreement and shall expire June 16,2009,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by PROVIDER to any person(s)eligible for 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," copies of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement, which will be paid from Child Welfare Regular Administration funds during the duration of this Agreement. b. PROVIDER shall submit an itemized monthly bill to Human Services for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by Human Services. PROVIDER shall submit all itemized monthly billings toHuman Services no later than the twenty-fifth (25)day of the month following the month the cost was incurred. c. Payments of costs incurred pursuant to this Agreementare expressly contingent upon the availability of Child Welfare Regular Administration funds toHuman Services. Page 1 aoW- /9'976 Contract No. 07-08-CPS-87 d. Human Services 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, PROVIDER shall comply with the administrative requirements, cost principles and other requirements set forth in he Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Child Welfare Regular Administration 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. PROVIDER shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. Human Services may withhold any payment if PROVIDER has failed to comply with the Financial Management Requirements,program objectives, contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,PROVIDER may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 6. Assurances PROVIDER 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, PROVIDER 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. PROVIDER acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 a seq.and its implementing regulation,45 C.F.R. Part 80 a seq.•and Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and - its implementing regulations,45 C.F.R. Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq.and its implementation regulations,45 C.F.R.Part 91;and Title VII of the Civil Rights Act of 1964;and - the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R. Part 2 and all regulations applicable to these laws prohibiting discrimination because of race,color, Page 2 Contract No. 07-08-CPS-87 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 anended,cited above. If necessary, PROVIDER and Human Services 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. Certifications PROVIDER 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 flits contract. 9. Monitoring and Evaluation PROVIDER and Human Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by PROVIDER and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and PROVIDER. PROVIDER shall permit Human Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by PROVIDER pursuant to the terms of this Agreement. M 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. 10. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 11. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find PROVIDER 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 PROVIDER. These remedial actions are as follows: a. Withhold payment to PROVIDER 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 PROVIDER cannot be performed or if performed would be of no value to the Human Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Human Services; Page 3 Contract No. 07-08-CPS-87 c. Incorrect payment to PROVIDER due to omission,error, fraud,and/or defalcation shall be recovered from PROVIDER by deduction from subsequent payments under this Agreement or other agreements between Human Services and PROVIDER,or by Human Services as a debt due to Human Services or otherwise as provided by law. 12. 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 Social Services: Gloria Romansik Human Services Administrator Name Title For PROVIDER: Dynamic Family Design Provider Name Title 13. Notice All notices required to be given by the parties hereunder shall he 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: Human Services To: PROVIDER Judy A.Griego, Director Dynamic Family Design P.O. Box A 36376 Mason View Dr. Greeley,CO 80632 Eaton,Co 80615 14. Litigation PROVIDER shall promptly notify Human Services in the event that PROVIDER learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. PROVIDER,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 cr 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. 15. 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. PROVIDER reserves the right to suspend services to clients if funding is no longer available. 16. 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. Page 4 Contract No. 07-08-CPS-87 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: WELD COUNTY ' f , BOARD OF COUNTY CLERK TO THE BOARD I 0 ; l!!!1MMISSIONERS WELD (F% UNTY,COLORADO /,t c (; Y By: I .'ice / L � :l1�'G. �� By: Deputy Clerk William H.Jerke,Chair JUL 2 1 1JUb AljR4 E AS TO. 7y� PROVIDER 4/ BY �o unty Attorney Keith Wawrzyniak, B.A. WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Ju 3riege o, hector Page 5 (2oC8--/996 Contract No. 07-08-CPS-87 EXHIBIT A SCOPE OF SERVICES A. Target/Eligible Population The population to be served under this contract includes Platte Valley Youth Services(PVYS) investigations. This would include all investigations in which Child Welfare determines that there is suspected abuse or neglect in a referral at PVYS. B. Types of Services to be Provided Services provided will include meeting the assigned response time,documenting all contactsand reports in the Trails system,staffing at the Child Protection Team, staffing with the assigned Child Welfare supervisor and completing the stage I reports timely,per Volume 7 reference 7.202.54 K. "Require the submission of a written report by the investigating county within 60 calendar days£ter the initial receipt of the report of child abuse or neglect". The PROVIDER will be directly supervised by an assigned Child Welfare supervisor. Human Services is responsible for not only completing the investigations but also for the supervision of the staff that complete them. The PROVIDER will be held to the same standard of report writing and investigative skills as a regular employee of the Department of Human Services and thus will be reviewed by the direct Child Welfare supervisor and the Child Protection Manager III every six months and if the PROVIDER is not meeting the requirements of the position this contract will beterminated according to the provisions set forth in the Agreement C. Service Time Frames The PROVIDER's workload is approximately 10-15 referrals a year. The PROVIDER will be required to attend training with regards to institutional investigations if such training is offered and scheduled by the Colorado Department of Human Services or equivalent training institution. Human Services will pay for the cost of such trainings, upon prior approval of Human Services. D. PROVIDER Qualifications The PROVIDER assures Human Services that he/she has the equivalent qualifications of a caseworker III, as defined by Human Services, including a bachelor degree in a human service field and 2 years of experience in the human service field. The PROVDER also assures Human Services that he/she has equivalent caseworker III experience in completing direct casework duties andknows the institutional investigative process. The PROVIDER is required to pass all appropriate background checks for purposes of fulfilling the requirements of an Institutional Investigator. Page 6 Contract No. 07-08-CPS-87 EXHIBIT B PAYMENT SCHEDULE Funding and Method of Payment Human Services agrees to reimburse PROVIDER in consideration for the work and services performed under Child Welfare Regular Administration funding not to exceed $50,000. Expenses incurred by PROVIDER, in association with said project prier to the term of this agreement,are not eligible Human Services expenditures and shall not be reimbursed by Human Services. Payment pursuant to this Contract, if Child Welfare Regular Administration funds,whether in whole or in part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration funds for the purposes hereof. In the event that said funds,or any part thereof,become unavailable as determined by Human Services, Social Services may immediately terminate this Contract or amend it accordingly. 2. Fees for Services Human Service agrees to reimburse the PROVIDER at$30.00 per hour from the initial response of an investigation to the completion. This hourly rate is based upon the requirement that acaseworker III must complete these investigations per state and county policy. A caseworker III must have a bachelor degree in a human service field and 2 years of experience in the human service field. This position requires a caseworker III that also has experience working at the Department of Human Services completing direct casework duties and thus understands the investigation process. The caseworker III must also pass a background check which the PROVIDER will also pass. $2,000.00 will also be available for training needs of the PROVIDER. On average,an investigation takes about 10.20 hours to complete depending on the number of youth that need to be interviewed. 3. Submittal of Vouchers PROVIDER shall prepare and submit monthly the itemizedvoucher 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. Page 7 Contract No. 07-08-CPS-87 EXHIBIT C ASSURANCES PROVIDER 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 PROVIDERcontracted providers or its employees, volunteers, or agents while performing duties as described in this Agreematt. PROVIDER shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees, volunteers, and agents. PROVIDER 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, PROVIDER shall provide Human Services 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 treated 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, subsections, paragraph, sentence, clause,or phrase of this Contract is for anyreason 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. PROVIDER 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. PROVIDER 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 suffcient to allow authorized local,Federal, and State auditors, and representatives to audit and monitor PROVIDER. 9. All such records,documents, communications, and other materials shall be the property of Human Services and shall be maintained by PROVIDER, in a central location and custodian, in behalf of Human Services, for a period of four(4)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 anaudit 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 four(4)year period,or if audit findings have not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Page 8 Contract No. 07-08-CPS-87 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 evaluationof 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. PROVIDER or Human Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of PROVIDER,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 ofa 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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Child Wefare Regular Administration funds. 14. PROVIDER 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 of 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 filse 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 11(b)of this certification; and d. Have not within a three-year period preceding this Contract,had one or more public transactions (federal, state, and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services 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, PROVIDER 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, PROVIDER shall submit to Human Services,a full disclosure statement setting forth the details that create the appearance of aconflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds forHuman Services' termination, for cause, of its contract with PROVIDER. 16. PROVIDER 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 Page 9 Contract No. 07-08-CPS-87 Protection, no information about or obtained from any applicant'recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER shall provide its employees, agents,and subcontractors, if any,with a copy or written exploration of these confidentiality requirements before access to confidential data is permitted. 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER for similar information in the course of its own business. 18. PROVIDER certifies that s/he will abide by Colorado Revised Statute(C.R.S.)26-6-104,requiring criminal background checks for all employees,contractors, and subcontractors. 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., Social Services may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Social Services. 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. Page 10 PY-0g-09-CORE-0117 EXHIBIT D CHILD mad 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. Colorado's next review will be held in March 2009. 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 contact 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 rns 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 he implied to insure safety of the ch0d(ren). • Providers must specifically document efforts to engage families in services and to control for safety_ Permanency Outcomes CFSR Outcome Measures Pemanency 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-08-09-CORE-0117 • Providers should continually provide reckons 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 corMimnRy 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 pemaoenty. Providers should document ongoing r.ffeb to resolve those issues and/or make recommendation 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 Easily 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 rot the service being provided continues to be appropriate. This must be clearly documented in monthly reports • Providers should specifically detail areas of continued 000cenn 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