HomeMy WebLinkAbout20081951.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - BARRY LINDSTROM, PH.D, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Child Protection Agreement for Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and Barry
Lindstrom, Ph.D., LLC, commencing June 1, 2008, and ending May 31, 2009, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Child Protection Agreement for Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Human Services, and Barry Lindstrom, Ph.D., LLC, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of July, A.D., 2008, nunc pro tunc June 1, 2008.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 44414/ /hls. y,j WELD COUNTY, COLORADO
\ ' Willi H. Jerke, Chair
Weld County Clerk tot 4 B. '\ -) ,
BY: / ,� f /,Arty Rob errttDD/ )
i Masden, Pro-Tem
Deputy Cler to the Board + (////I/ c
William F. Garcia
AP7,-
AS TQ FORM EXCUSED
David E. Long
-ount ��Attorney s
7 Douglas R demach
Date of signature: 0,, e
2008-1951
65_7, 5. ,o-
HR0079
Memorandum
Date: July 14, 2008
To: William H. Jerke, Chair, Board of Cou ty C mmissioners
111 p e.
From: Judy A. Griego, Director, fi-44% ices artm t
COLORADO
RE: Child Protection Agreement Between the Weld County
Department of Human Services and Barry R. Lindstrom,
Ph.D., LLC
Enclosed for Board's approval is a Child Protection Agreement between the Weld County
Department of Human Services and Barry R. Lindstrom, Ph.D., LLC. This Agreement was
reviewed at the Board's Work Session of May 27, 2008.
Below are the major provisions of the Agreement:
1. The term of the Agreement is from June 1, 2008 through May 31, 2009.
2. The Contractor will provide mental health services in the form of assessments, evaluations,
and treatment.
3. Fees for services are specified in Exhibit B and range from $30.00 for group therapy
up to $325.00 per hour for assessments and evaluations. These services will be paid
for out of CORE Program funding. The total expenditures will not exceed $150,000.00
under the Agreement.
If you have any questions please call me at extension 6510.
Filed O B 07 XX 2008 D 17.doc
2008-1951
rel/rir ow;
P Y-08-09-CORE-0141
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND BARRY R L1NDSTROM,Ph.D.,LLC
This Agreement,made and entered into the J/~day of...1411 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 Barry R Lindstrom,Ph.D.,LLC,hereinafter
referred to as"Contractor".
WITNESSETH
'WHEREAS,required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the
Department for Mental Health Services;and
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on June 1,2008,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 criteri a
establi shed 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.
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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. Pa nn_ent Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. CONTRACTOR shall provide proper monthly invoices and itemization of services performed for
costs incurred in the performance of the agreement.
b. The Department may withhold any payment if CONTRACTOR has failed to comply with the
Financial Management Requirements,program objectives, contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such
circumstance to the Director of Human Services. The decision of the Director of Human Services
shall be final.
6. Assurances
CONTRACTOR shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto
and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,CONTRACTOR shall strictly adhere to all applicable
federal and state laws,orders,and all applicable standards,regulations,interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,
papers,documents,tapes and any other materials that have been or may hereafter be established which
relate to the Contract. CONTRACTOR acknowledges that the following laws are included:
- Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 et.,sue and its implementing
regulation,45 C.F.R.Part 80 sea.:and
- Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and
its implementing regulations.45 C.F.R.Pat 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 Eiriploymait 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 hand cap,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.
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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 perfonnance 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,perrrnanency 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.
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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 slhe 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.
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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:
Barry.R Lindstrom.Ph.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.Grieco.Director Barry R Lindstrom_Ph.D.1 C.L G
P.O.Box A 3211 20th Street.Suite D
Greeley,CO 80632 Greeley,CO 80634
(970)352-1551 f970)356-3100
16. Litigation
CONTRACTOR shall promptly notify the Department in the event that CONTRACTOR learns of any
actual litigation in which it is aparty 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.
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PY-08-09-CORE-014 I
EXHIBIT A
SCOPE OF SERVICES
1. CONTRACTOR will provide Mental Health Services to individuals,couples ancYor families referred by
the Department. Services include the following:
a. Mental Health Assessments/Psychological Evaluations—Assessments/Evaluations include an
individual clinical interview to obtain relevant psychosoci al history and mental status evaluation
with each referred family member,conjoint clinical interviews with all family members(when
applicable),conjoint clinical interview with child and current caregiver(s)if child is in out of
home placement at the time of referral,and psychological screening and testing.
For adults,screening and testing may include the Beck Depression Inventory,Beck Anxiety
Inventory,Penn Inventory for Post-Traumatic Stress Disorder(PTSD). Stressful Life Events
Questionnaire,Rotter Incomplete Sentences,Mood Disorder Questionnaire,Adult Self-Report
Scale(for ADHD), and other screening instruments as needed;Minnesota Multiphasic Personality
Inventory-2(MMPI-2),Million Clinical Multiaxial Inventory-III(MCMI III),Wechsler
Abbreviated Scale of Intelligence(WASI),Bender Gestalt Visual Motor Test(BGVMT);
Thematic Apperception Test (TAT);Projective Drawings;and Rorschach Test.
For children and adolescents,screening and testing may include the Behavioral Assessment
System for Children(BASC) standardized behavioral assessment for each child,completed by the
child(as age appropriate),parents,foster parents,and teachers;Stressful Life Events
Questionnaire;other non-standardized behavioral assessment and developmental history forms
completed by parents,foster parents,and teachers as clinically indicated;Minnesota Multiphasic
Personality Inventor/for Adolescents(MMPI-A);Millon Adolescent or Pre Adolescent Clinical
Inventory(MACI,M-PACI);Thematic Apperception Test(TAT)or Children's Apperception Test
(CAT);Projective Drawings;and Rorschach Test.
As clinically appropriate,evaluations will include consultation with collateral contacts,review of
case records,previous evaluations and treatment records.
b. Individual and Family Treatment Services—Services will be problem-focused and will assist in
the resolution of the issues that led to the Department's involvement with the family,as well as
support the treatment goals of safety,well being and maintenance of the child's placement.
Treatment will include development,cognitive-behavioral and family systems approaches with an
emphasis on a continuum of care and evi dence-based practices.
2. Services will be provided by Barry R.Lindstrom,Ph.D.,and Bonnie S. Lindstrom,M.S. Bonnie
Lindstrom is under the clinical supervision of Antoinette Pasquale,MA.,LPC. All Mental Health
Assessments and evaluations will only be conducted by Barry R. Lindstrom,Ph.D.
3. CONTRACTOR will submit a report detailing the outcome of ongoing services to the Department with
their monthly billing. For evaluation services,the CONTRACTOR will submit a portion of the evaluation,
and submit a full,original copy to the referring caseworker.
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EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
The Department agrees to reimburse CONTRACTOR in consideration for the work and services
performed from Core Services funding,not to exceed$150,000.00.
Expenses incurred by CONTRACTOR,in association with said project prior to the term of this agreement,
are not eligible Department expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Contract,if Core Services funds,whether in whole or in part,is subject to and
contingent upon the continuing availability of said funds for the purposes hereof. In the event that said
funds,or any part thereof,become unavailable as determined by the Department,the Department may
immediately terminate this Contract or amend it accordingly.
2. Fees for Services
$325.00/Hour(Mental Health Assessments,Psychological Evaluations,Interactional Evaluations)
$125.00/Hour(Individual Counseling-Ph.D.)
$65.00/Hour(Individual Counseling-M.S.)
$150.00/Hour(Family,Sibling or Couples Counseling-PhD.)
$75.00/Hour(Family,Sibling or Couples Counseling -MS.)
$30.00/Episode(Group Therapy in IIcz per participant/session. Victim's Compensation will be
utilized first when applicable.) If U�V
$150.00/Hour(Court Facilitation/Staffing-Ph.D.)
$75.00/Hour(Court Facilitation/Staffing-M.S.)
$175.00/Hour(Court Preparation/Testimony/Travel-2 Hour Minimum -PhD.)
$100.00/Hour(Court Preparation/Testimony/Travel-2 Hour Minimum-M.S.)
Department referrals will not be sent to collections by Contractor for default of co-pay/fees. Services will
be performed regardless of client's refusal or inability to pay co pay.
Contractor will collect any applicable sliding scale co-pays and credit the Department for any payments
received on the monthly billing statements.
3. Submittal of Vouchers
CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services
authorized were provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A
a. All billings are to be submitted by the 106'day of the month following the
month of service. If the billing is not submitted within twenty-five(25)
calends 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.
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EXHIBIT C
ASSURANCES
1. CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as
the result of the execution of this Agreement.
2. Weld County,the Board of County Commissioners of Weld County,its officers and employees,shall not
be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR-
contracted CONTRACTOR or its employees,volunteers,or agents while performing duties as described in
this Agreement. CONTRACTOR shall indemnify,defend,and hold harmless Weld County,the Board of
County Commissioners of Weld County,its employees,volunteers,and agents. CONTRACTOR shall
provide adequate liability and worker's compensation insurance for all its employees,volunteers,and
agents engaged in the performance of the Agreement upon request,CONTRACTOR shall provide the
Department with the acceptable evidence that such coverage is in effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,not shall any portion of this Agreement be deemed to have created a
duty of care with respect to any persons not a party of this Agreement.
4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld,State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section,subsection,paragraph,sentence,clause,or phrase of this Contract is for any reason held or
decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Contract and each and every section,
subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more
sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or
invalid.
6. No officer,member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof.
7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall,on the grounds of race,creed,color,sex, or national origin,be excluded from participation in,
be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract.
8. CONTRACTOR assures that sufficient,auditable,and otherwise adequate records that will provide
accurate,current,separate,and complete disclosure of the status of the funds received under the Contract
are maintained for three(3)years or the completion and resolution of an audit. Such records shall be
sufficient to allow authorized local,Federal,and State auditors, and representatives to audit and monitor
CONTRACTOR.
9. All such records,documents,communications,and other materials created pursuant or related to this
contract shall be maintained by CONTRACTOR,in a central location and shall be made available to
Social Services upon its request,for a period of seven(7)years from the date of final payment under this
Contract,or for such further period as may be necessary to resolve any matters which may be pending,or
until an audit has been completed with the following qualifications: If an audit by or on behalf of the
federal and/or state government has begun but is not completed at the end of the seven(7)year period,or if
audit findings have not been resolved after a seven(7)period,the materials shall be retained until the
resolution of the audit finding.
10. CONTRACTOR assures that authorized local,federal,and state auditors and representatives shall,during
business hours,have access to inspect any copy records,and shall be allowed to monitor and review
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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. CONI'RACTOR 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.
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
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administration of Child Protection,no information about or obtained from any applicantlrecipient 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 aresult 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.
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EXHIBIT D
CHILD and FAMILY SERVICES REVIEWS(CFSR)
The Child and Family Services Reviews(CFSR)examines childwelfare 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.
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• 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,provi ders 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.
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