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HomeMy WebLinkAbout20072660.tiff RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH 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 Social Services, and North Range Behavioral Health, commencing June 1, 2007, and ending May 31, 2008, 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, ex-officio Board of Social Services, 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 Social Services, and North Range Behavioral Health 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 22nd day of August, A.D., 2007, nunc pro tunc June 1, 2007. -;77- BOARD OF COUNTY COMMISSIONERS E OUNTY, � COLORADO ATTEST: ?� 4319 vid E. Long, Chair Weld County Clerk to the B.; a► ^ , //,,n , � William H. J rke Pr -Tem BY: A�' I (4 ft ': n.,I � �r_ De ty Cler o the Board C/ / Willia . Garcia �A AP AS , Robert . Masden unty Attorney , ( ` vv�ar. Douglas Rademac er Date of signature: 6(07 2007-2660 SS0034 4 (Vet DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, CO. 80632 Website: www.co.weld.co.us ip Administration and Public Assistance(970)352-1551 Child Support(970)352-6933 O COLORADO MEMORANDUM TO: David E. Long, Chair Date: August 20, 2006 Board of County Commissioners ry FR: Judy A. Griego, Director, Social Services 1 Ci. RE: Child Protection Agreement for Services bbstween the Weld County Ty Department of Social Services and North Range Behavioral Health Enclosed for Board approval is a Child Protection Agreement for Services between the Weld County Department of Social Services(Department) and North Range Behavioral Health(North Range). This Agreement was reviewed at the Board's Work Session held on June 6, 2007. The major provisions of the contract are as follows: 1. The term of the contract is June 1, 2007 through May 31, 2008. 2. The source of funding is Core Services funding. 3. North Range will provide physiological evaluations for parents involved in the child welfare system. 4. The Department will reimburse North Range a maximum of$97,544 per year at rates outlined in the Agreement. If you have any questions, please telephone me at extension 6510. 2007-2660 Contract No.PY 07-08-CORE-88 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement,made and entered into the day of ,r 2007,by and between the Board of Weld County Commissioners,on behalf of the Weld County Department of Social Services,hereinafter referred to as"Social Services",and North Range Behavioral Health,hereinafter referred to as"Provider". WITNESSETH WHEREAS,required approval,clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Social Services has provided specific Core Services resources to Social Services for mental health services through the Community Mental Health Center; and WHEREAS,Provider is the Community Mental Health Center for Weld County and is willing and able to provide mental health services; and WHEREAS, Social Services requires the services of a Community Mental Health Center to assist the County to deliver psychological evaluation and assessment services for child welfare families,children,and adolescents; and. WHEREAS, Social Services desires to enter into an agreement with Provider to benefit the positive development of treatment plans,placement options,and timely reunification of families through quality and cost effective mental health evaluations. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn This Agreement shall become effective on June 1,2007,upon proper execution of this Agreement and shall expire May 31,2008. 2. Scope of Services Services shall be provided by Provider to any person(s)eligible for child welfare 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,"a copy of which is attached and incorporated by reference."Payment Schedule"shall establish the maximum reimbursement,which will be paid from Colorado Family Preservation Act funds during the duration of this Agreement. b. Provider shall submit an itemized monthly bill to Social Services for all costs incurred and services provided pursuant to Exhibit A,"Scope of Services"of this Agreement in accordance with criteria established by Social Services. The Provider shall submit all itemized monthly billings to Social Services no later than the twenty-fifth(25)day of the month following the month the cost was incurred. Page 1 of 14 070D2- a'6eO Contract No. PY 07-08-CORE-88 Failure to submit monthly billings in accordance with the terms of this agreement shall result in Provider forfeiture of all rights to be reimbursed for such expenses. In the event of a forfeiture of reimbursement,Provider may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. c. Payments of costs incurred pursuant to this Agreement are expressly contingent upon the availability of Colorado Family Preservation Act funds to Social Services. d. Social Services shall not be billed for,and reimbursement shall not be made for,time involved in activities outside of those defined in Exhibit A,"Scope of Services." 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 the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under the Colorado Family Preservation Act must conform to the Single Audit Act of 1984 and OMB Circular A-128. 5. Payment of Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. Provider shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. Social 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 reimbursement,Provider may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Provider shall abide by all assurances as set forth in the attached Exhibit C,"Assurances"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 this 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 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 regulation,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et seq. and its implementation regulation,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 - Immigration Reform and Control Act of 1986,P.L. 99-603; Page 2 of 14 Contract No.PY 07-08-CORE-88 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. Included if 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 Social 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 this contract. 9. Monitoring and Evaluation Provider and Social 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 the North Range Behavioral Health Board. Provider shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by the Provider pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program date,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 Social 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 Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; Page 3 of 14 Contract No. PY 07-08-CORE-88 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 Social Services and Provider,or by Social Services as a debt due to Social 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, Social Services Administrator Name Title For North Range Behavioral Health: Wayne Maxwell, Executive Director,North Range Behavioral Health Name Title 13. 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: Social Services To: North Range Behavioral Health Judy A. Griego,Director Wayne Maxwell,Executive Director P.O.Box A 1306 11th Avenue Greeley,CO 80631 Greeley,CO 80631 14. Litigation Provider shall promptly notify Social Services in the event that Provider learns of any actual litigation in which it is a party defendant in a case,which 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 or administrative agency,shall deliver copies of such document(s)to the Social 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. 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 of 14 Contract No. PY 07-08-CORE-88 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: ace D COUNTY BOARD OF COUNTY t ` 47 x MISSIONERS CLERK TO THE BOARD y , ti'�� u C• 1 TY, OLO O B ;;~v! David E.Long,Chair By: a ut erk an /22/2007 P Y APPI;rE7VED ..o � / unt�rney WELD COUNTY DEPARTMENT NORTH RANGE BEHAVIORAL HEALTH OF SOCIAL SERVICES By: / By: (/' , /L R._ --11-244C-Attued Judy . Grieg ,Director Wayne Maxwell,Executive By: Board Chairperson Page 5 of 14 &cc7- O76 H Contract No.PY 07-08-CORE-88 EXHIBIT A SCOPE OF SERVICES 1. Target/Eligible Population Social Services will refer child welfare family members who are non-Medicaid eligible abused and neglected children who are at risk of out-of-home placement or who are clients of Social Services and are in need of Provider services.The family members of these children and adolescents will also be eligible for services. 2. Types of Services to be Provided Services to be provided under the terms of this contract by Provider will be provided,at a minimum, by an academically qualified,post doctorate candidate for licensure under the constant direct supervision of a licensed clinical psychologist,and shall include the following: All services will be referred via email by the Core Services Caseworker. The referral authorization level will be clearly stated on the referral. Any supporting documentation available via email will be sent with the referral. Otherwise,the assigned Clinician can contact the Child Protection Caseworker for additional documentation. The initial referral will be for either: a Mental Health Evaluation;a Partial Psychological Evaluation;or a Full Psychological Evaluation. If the caseworker wishes to refer for a Mental Health Evaluation,and authorize a full evaluation if necessary,a notation approving this will be provided in the"narrative" section. Otherwise,prior to Provider continuing with a full evaluation,a one-page summary of the reasons why this recommendation is being made must be emailed to the Core Services Caseworker,and authorization to continue from the Core Services caseworker received in return. The Core Services caseworker will consult with the Child Protection caseworker and/or their supervisor regarding authorization. Referrals contain start and end dates for payment authorization. Only services provided within those authorization dates will be paid by the Department. Any services provided outside those dates will be denied for payment. Regular Core Service billing procedures must be followed,for payment to be processed. Billing for the prior month's services is due at the Department at the latest the 25th day of the current month. The original report must be attached to the billing for payment to be processed. Client Verifications,without original client signatures,must also be attached to the billing and report. See attached billing documents below. 3. Service and Pilot Objectives Provider evaluations will prove beneficial to clients of Social Services by Provider's identification and documentation of appropriate treatment recommendations through its evaluation and Social Services' incorporation of such treatment recommendations in Social Services treatment plans,as adopted by the Court. 4. Service Time Frames a. Evaluations,through a written report,will be completed within forty-five(45)days from the point of a face to face pre-referral staffing of the evaluation between Provider and Social Services, provided that the client can be reached for appointments and the client attends appointments as scheduled. Page 6 of 14 Contract No.PY 07-08-CORE-88 b. Deadlines will be extended by Social Services on behalf of Provider when clients cannot be found or reached. c. If a client partially complies with appointments,Provider will write the evaluation based on information obtained up to that date and prorated based on hours performed by Provider. If no appointments have been made,the evaluation referral may be dropped by Provider due to the client's failure to follow through and Provider will not bill Social Services. 5. Measurable Outcomes Provider and Social Services wish to evaluate the quality and cost effectiveness of evaluations by conducting two surveys of Provider evaluation staff and Social Services caseworkers during the term of the Agreement and as identified by Provider and Social Services. The content of the survey will be agreed upon by both parties. 6. Workload Standards Provider will complete five(5)to ten(10)evaluations per month,depending on the level of evaluations referred by Social Services. 7. Staff Qualifications The Provider staff performing the evaluations will be a licensed or licensed eligible psychologist with appropriate training and expertise with formal evaluation techniques. Page 7 of 14 Contract No.PY 07-08-CORE-88 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment The total funding available under this agreement is Ninety Seven Thousand Five Hundred Forty-Four dollars($97,544.00),as follows: Social Services agrees to reimburse to Provider in consideration for the work and services performed for a total not to exceed Ninety Seven Thousand Five Hundred Forty-Four dollars($97,544.00). Expenses incurred by Provider,in association with said project prior to the term of this agreement,are not eligible Social Services expenditures and shall not be reimbursed by Social Services. Payment pursuant to this Contract,whether in whole or in part,is subject to and contingent upon the continuing availability of Core Services Funds for the purposes hereof. In the event that said funds or any part thereof,become unavailable as determined by Social Services,Social Services may immediately terminate this Contract or amend it accordingly. 2. Fees for Services Three-Tier Flat Rate Psychological Evaluation Options Level 1: Mental Health Evaluation Cost: $200.00 Est.Time: 3-6 hours Example: 1. Review of DSS case records,and if applicable NRBH records. 2. Clinical interview and diagnostic evaluation. 3. Possible administration of brief screening inventories (e.g., Beck Inventories, State-Trait Inventories,Personality Assessment Screener). 4. Feedback given to the client. 5. Written report addressing relevant psychosocial history, diagnostic formulation, and treatment recommendations. The Mental Health Evaluation can be useful for ruling in/out basic mental health issues, advising on provisional diagnoses,and making recommendations for treatment when appropriate. Level 2: Partial Psychological Evaluation Cost: $800.00 Est.Time: 8-14 hours Example: 1. Review of DSS case records,and if applicable NRBH records. 2. Clinical interview and diagnostic evaluation. 3. Administration of a partial test battery (e.g., administration of just a couple of formal tests,or administration of just cognitive or just personality testing). 4. Consultation with collateral sources. 5. Feedback given to the client. 6. Write-up addressing psychosocial history, test results, diagnostic formulation, and treatment recommendations. Page 8 of 14 Contract No.PY 07-08-CORE-88 This evaluation can be useful for ruling in/out mental health and/or personality issues,advising on diagnoses,and making treatment recommendations. Level 3: Full Psychological Evaluation Cost: $1200.00 Est.Time: 16-20 hours Example: 1. Review of all available records, including DSS records, prior evaluation and mental health treatment records, NRBH records if applicable, police reports, medical records, and records from other agencies involved in the case. 2. Extensive clinical evaluation(multiple sessions). 3. Administration of a formal battery of tests (multiple tests) to assess personality, emotional,and cognitive functioning,and/or parenting issues. 4. Consultation with collateral sources. 5. Feedback given to the client. 6. Write-up addressing psychosocial history, personality issues, emotional functioning and regulation abilities, intellectual functioning and/or parenting/family issues, and diagnostic formulation,as well as treatment recommendations and prognosis. This evaluation can be useful in identifying more significant mental health issues and diagnoses, as well as addressing personality issues, intellectual functioning, the ability to manage emotions, parenting issues and potential safety of the children in the home, placement issues, and treatment recommendations. Over the term of this Agreement Provider will include 40 hours of court testimony including preparation of and actual testimony without additional charge. Court testimony in excess of 40 hours will be billed separately at a rate of$110.00 per hour. a. Provider agrees to: 1) Attach copies of the completed evaluation at the time of billing to the Core and Service Contract Coordinator at Weld County Department of Social Services,P. O.Box A,315 B N. 11th Avenue,Greeley,Colorado,80632. 2) A complete and timely billing form is identified by and must include the following elements. a) The billing must be an original billing signed by the provider and/or designee. b) Evaluations must include the client's full name,Weld County household number,beginning and ending date of the referral,client verification forms with original client signatures,hours performed,and total billed for the evaluation. c) Requests for payment must be an original and submitted to the Weld County Department of Social Services by the end of the 25th calendar day following the end of the service.The provider must submit requests for payment on forms,as approved by the Social Services. d) The number of hours for preparation of and actual court testimony provided by Provider. 3) Participate in staffings and/or Core Review Team as requested or necessary. Participate in the quarterly feedback process at Weld County Social Services. Page 9 of 14 Contract No.PY 07-08-CORE-88 4) Be available to meet with Social Services staff to explain program,time lines of response to referrals and answer questions to enhance program. 5) Be available for the Families,Youth and Children Commission review and attendance of the FYC meeting,if requested. Page 10 of 14 Contract No.PY 07-08-CORE-88 EXHIBIT C ASSURANCES 1. Provider agrees it is an independent Provider 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 Provider or its employees,volunteers,or agents while performing duties as described in this Agreement. 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 Social 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,nor shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party to 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 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. Provider assures that they will comply with the Title VI of the Civil Rights Act of 1964 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 of 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 Provider. 9. All such records,documents,communications,and other materials shall be the property of Social Services and shall be maintained by Provider,in a central location and custodian, in behalf of Social Services, for a period of three(3)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 qualification: 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 three(3)year period,or if audit findings have not been resolved after a three(3)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 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. Page 11 of 14 Contract No. PY 07-08-CORE-88 11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives,and assigns. Provider or Social 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 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. Provider assures that it will fully comply with the Children's Code regulations promulgated,and all other applicable federal and state laws,rules and regulations. Provider understands that the source of funds to be used under this Contract is: Family Issues Cash 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 transactions 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 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 of default. 15. The Appearance of Conflict of Interest applies to the relationship of a Provider with Social Services when Provider 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 Provider to gain from knowledge of these opposing interests. It is only necessary that the Provider 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 Social Services, 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 Social 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 the administration of the Child 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. Provider shall have written policies governing access to,duplication and dissemination of,all such information. Provider shall advise its employees,agents,and subProviders,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Page 12 of 14 Contract No. PY 07-08-CORE-88 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 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 agrees to provide a written certification to Social Services of its compliance with Section 26-6- 104(7),C.R.S,regarding background checks with current and prospective employees,Providers and subProviders whose employees have direct contact with children. 19. Provider certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-17.5-101, et seq. Provider shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subProvider that fails to certify to Provider that the subProvider shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Provider 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). Provider 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 Provider 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 Provider 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 Provider receives federal or state funds under this Contract,Provider 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 Provider 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 13 of 14 Contract No.PY 07-08-CORE-88 EXHIBIT D BILLING PROCEDURES 1. All billings are to be submitted by the 10`he 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. 2. Billings must be submitted with the attached required forms, Authorization for Contractual Services, Request for Reimbursement and Client Verification Form. The forms must be submitted with original signatures. 3. For monitored sobriety, proof of services rendered shall be a sign-in sheet with client signatures or the test result. Page 14 of 14 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AUTHORIZATION FOR CONTRACTUAL SERVICES Program Year 2007-08 TO BE COMPLETED BY PROVIDER: Date: Provider: Billing Contact: Phone Number: Address: Description of Services: Service Month / Year: Charges: $ I CERTIFY THE SERVICE AUTHORIZED WAS PROVIDED ON THE DATE INDICATED AND THE CHARGES ARE MADE PURSUANT TO A BONA FIDE CONTRACT BETWEEN ME AND THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. 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