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HomeMy WebLinkAbout20251796.tiffResolution Approve Intergovernmental Agreement for Drug and Alcohol Testing Services and Authorize Chair to Sign — Larimer County Community Justice Alternatives (LCCJA) 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 an Intergovernmental Agreement for Drug and Alcohol Testing 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 Larimer County Community Justice Alternatives (LCCJA), commencing upon full execution of signatures, and ending April 30, 2026, 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 Intergovernmental Agreement for Drug and Alcohol Testing 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 Larimer County Community Justice Alternatives (LCCJA), 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 25th day of June, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc 1-t so Q7/to 195 2025-1796 H R0097 Co r+rot cl- =o '4I'Co 13 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Intergovernmental Agreement with Larimer County Community Justice Alternatives DEPARTMENT: Human Services DATE: June 17, 2025 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting to enter into an Intergovernmental Agreement (IGA) with Larimer County Community Justice Alternatives (LCCJA), for Drug and Alcohol Testing Services. These services will provide ongoing support to the Child Welfare Division clients. What options exist for the Board? Approval of the Intergovernmental Agreement with LCCJA. Deny approval of Intergovernmental Agreement with LCCJA. Consequences: An Intergovernmental Agreement will not be executed with LCCJA. bnpacts: Provider will not provide needed services to the Department of Human Services' clients. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Funded through Child Welfare Block Grant. • Term: Upon execution through April 30, 2026. Fees for Services: 1. Oral Fluid 7 (2718)(Sentry Test) (suggested) 2. Oral Fluid 7 (2403) (Cordant Test) (suggested) 3. Oral Fluid 6 Drug (33) (currently utilized) 4. 8 Drug Panel (2277) (currently utilized) 5. 12 Drug Panel (1395) (currently utilized) (auto confirmations for ETG only included) 6. Hair Test 13 (suggested) 7. Hair Test 5 Panel (suggested) 8. Hair Test H8P 9. Quick -Test -10 Panel (suggested) 10. GCMS (suggested) (confirmation testing) Pass -Around Memorandum; June 17, 2025 - CMS ID TBD oco�,a 5 $ 30.00 $ 30.00 $ 25.00 $ 21.00 $ 25.00 $165.00 $ 65.00 $ 95.00 - $--15:00 $ 20.00 2025-1796 [-IR009 Recommendation: • Approval of this Intergovernmental Agreement and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross " Ott .e i- 270 a° tW, Pass -Around Memorandum; June 17, 2025 - CMS ID TBD Karla Ford From: Sent: To: Subject: I support t, COUNTY, CO Scott James Wednesday, June 18, 2025 6:37 AM Karla Ford Re: Please Reply - PA FOR ROUTING: Larimer County Community Justice Alternatives IGA (CMS TBD) Scott K. James Weld County Commissioner Office: 970-400-4200/Cell : 970-381-7496 P.O. Box 758, 1150 O St., Greeley, CO 80632 Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford @weld.gov> Date: Tuesday, June 17, 2025 at 1:09 PM To: Scott James <sjames@weld.gov> Subject: Pease Reply - PA FOR ROUTING: Larimer County Community Justice Alternatives 1GA (CMS TBD) Please advise if you support recommendation and to have department place on the agenda. COUNTY, CO Karla Ford Office Manager & Executive Assistant Board of Weld County Commissioners 1 I. Intergovernmental Agreement between Weld County Department of Human Services (WCDHS) & Larimer County Community Justice Alternatives (LCCJA) Parries. The parties to this Intergovernmental Agreement (Agreement) are the Weld County Department of Human Services (WCDHS), whose address is: 315 N. 11`' Ave, Greeley CO 806311, and Larimer County Community Justice Alternatives (LCCJA), whose address is: 2255 Midpoint Drive, Fort Collins, CO, 80525. II. Purpose of Agreement. The purpose of this Agreement is for LCCJA to provide Drug and Alcohol Testing Services to WCDHS. III. Term of Agreement. This Agreement is effective as of the date of the last signature (Effective Date). The Term of this Agreement is from the Effective Date through April 30, 2026. All services shall be completed during this term. This Agreement may be extended by a written amendment signed by both parties. IV. Payment. 1. WCDHS agrees to pay the LCCJA a fee per unit of service provided, as set forth in Exhibit A. WCDHS agrees to purchase on an as needed basis and the LCCJA agrees to provide services, as described in Exhibit A. This Agreement does not guarantee any work nor does this Agreement create an exclusive agreement for services. 2. LCCJA shall invoice WCDHS. The invoice shall be submitted in sufficient detail to ensure payments may be made in conformance with this Agreement. Upon a complete and accurate invoice being submitted by LCCJA, WCDHS will remit payment to LCCJA within 30 days. 3. No payment shall be made for work performed before the Effective Date of this Agreement. Should LCCJA fail to perform in a manner consistent with the terms and conditions set forth in this Agreement, payment under this Agreement may be withheld until such time as LCCJA performs its duties and responsibilities to the satisfaction of the WCDHS. 4. Except as otherwise provided in this Agreement, LCCJA shall pay all costs and expenses, including travel, incurred by LCCJA or on its behalf in connection with LCCJA's performance and compliance with all LCCJA's obligations under this Agreement. V. Responsibilities of LCCJA. a. LCCJA agrees to provide the services described in Exhibit A. b. Not to assign any provision or deliverable of this Agreement to a subcontractor. c. Submit the prescribed Invoice for payment, as outlined in section IV(2). VI. Responsibilities of WCDHS. WCDHS agrees to: a. Pay LCCJA in accordance with section IV above and Exhibit A. Page 1 of 11 VII. Special Provisions 1. Confidentiality and Publicity. LCCJA acknowledges information obtained and exchanged related to clients in the performance of this Agreement is confidential. If a computerized data system is accessed, LCCJA shall not copy or use any such computerized data system except as specified in this Agreement and shall not allow anyone not authorized under this Agreement to access any such computerized data system. b. Any publicity given to the program or services provided herein, including, but not limited to: notices, information, pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for LCCJA and related to the services and work to be performed under this Agreement, shall identify WCDHS as the sponsoring WCDHS and shall not be released without prior written approval of WCDHS. 2. Waiver. The waiver of any breach of any term or condition in this Agreement shall not be deemed a waiver of any prior or subsequent breach. Failure to object to a breach shall not constitute a waiver. VIII. General Provisions. 1. Amendments. Any changes, modifications, revisions, or amendments to this Agreement, which are mutually agreed upon by and between the parties to this Agreement, shall be incorporated in written amendments, signed, and executed by all parties to this Agreement. This includes, but is not limited to, any increase or decrease in the amount of LCCJA's compensation, scope of services, reimbursable costs, extensions of term, or any other relevant changes. 2. Audit and Access to Records. During all phases of the work and services to be provided hereunder LCCJA agrees to permit duly authorized agents and employees of the WCDHS to enter LCCJA's offices for the purpose of inspections, reviews, and audits during normal working hours. In addition to other remedies, if LCCJA is unable to provide supporting documentation of service(s) billed for, LCCJA shall be required to reimburse the WCDHS for dates of service(s) not rendered or documented. The WCDHS and its representatives shall have access to any books, documents, papers, electronic data, and records of LCCJA which are pertinent to this Agreement. 3. Availability of Funds. Pursuant to C.R.S. section 30-25-103 financial obligations of both Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. If funds are not appropriated, budgeted, or made available, this Agreement shall immediately terminate without further obligation. 4. Entirety of Agreement. This Agreement, consisting of eleven (11) pages, including Exhibit A and Exhibit B, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. In the event of a conflict or inconsistency between the language of this Agreement and the language of any attachment or document incorporated by reference, the language of this Agreement shall control. Page 2of11 5. Force Majeure. Neither parry shall be liable for failure to perform under this Agreement if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event and takes all reasonable steps to minimize delays. 6. Indemnification. Each party to this Agreement shall assume the risk of any liability arising from its own conduct. Neither parry agrees to insure, defend, or indemnify the other. 7. Notices. All notices arising out of, or from the provisions of this Agreement shall be in writing and given to the parties at the address provided under this Agreement, either by regular mail or delivery in person. 8. Ownership and Return of Documents and Information. WCDHS is the official custodian and owns all documents, data compilations, reports, photographs, and other work provided to or produced by LCCJA in the performance of this Agreement. Upon termination of services, for any reason, LCCJA agrees to return all such original and derivative information and documents to the WCDHS in a useable format. In the case of electronic transmission, such transmission shall be secured. 9. Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and the parties may renegotiate the terms affected by the severance. 10. Sovereign Immunity and Limitations. Pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, the WCDHS and LCCJA expressly reserve sovereign immunity by entering into this Agreement and specifically retain all immunity and defenses available to them. Designations of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Agreement shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity. 11. Termination of Agreement. This Agreement may be terminated, without cause, by either parry upon thirty (30) days written notice. This Agreement may be terminated immediately for cause if either parry fails to perform in accordance with the terms of this Agreement. 12. Third Parry Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third -party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties, and obligations contained in this Agreement shall operate only between the parties to this Agreement and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. 13. Time is of the Essence. Time is of the essence in all provisions of this Agreement. Page 3 of 11 14. Titles Not Controlling. Tides of paragraphs are for reference only and shall not be used to construe the language in this Agreement. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 4 of 11 IX. Sienatu:res. The parties to this Agreement, either personally or through their duly authorized representatives, have executed this Agreement on the dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this Agreement The Effective Date of this Agreement is the date of the signature last affixed to this page. Laritner County Community Justice Alternatives (LCCJA) i .r Community JuliiiceAks D ector BOARD OF COUNTY COMMISSIOENRS, WELD COUNTY, COLORADO 6;1?-4/4‘&3114APerryk, Chair ATTEST: Clerk to the Board BY: APAtittit) uty Clerk to the Board l� / Date JUN 2 � 2025 Date THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK. APPROVED AS 10 FORM: 2025 Christine It dmmt Larimer County Assistant County Attorney I Page 5 of 11 • 2oz5-11°Ile Exhibit A Scope of Work (SOW) Weld County Department of Human Services (WCDHS) Services to be provided by Larimer County Community Justice Alternatives (LCCJA) I. Protect Backaround and Description The purpose of this Agreement Is to set forth the terms and conditions by which LCCJA shah provide Drug and Alcohol Abuse Testing Services for WCDHS. II. Definitions Automatic Confirmation Test — The results of a confirmation test provide an absolute and definite result that indicates the specific drug or compound present in the urine or oral fluid sample. Sentry — A web portal in which tests are requested to be completed by WCDHS staff. Test results are also reported in this web portal. III. Pronram btfonnation All requests for servers by WCDHS will be requested through the Sentry website or made on a referral and approval form provided by the designated Children, Youth and Families staff member or Program Quality Assurance Coordinator (PQAC) for each authorized client. IV. Scope of Work A. Costs and Services. i. LCCJA shall not provide the service described herein at cost greater than that charged to other persons in the same community. ii. LCCJA shall not charge clients any fees related to services provided under this Agreement. LCCJA shall apply the rate to each unit of service, meaning each test administered. B. Payment i. By the dose of business on the tenth (10.) day of each month, LCCJA shall submit the WCDHS Invoice for the services provided in the previous month, in accordance with each service area defined under the Section V. Deliverables table of this SOW to WCDHS. a. Invoices shall be submitted by LCCJA via email to HS- ChldCareBiliing@weid.gov. _ ii. Fees. Total fees are all indusive and no incidentals or other expenses will be reimbursed by WCDHS. a. Reporting Completion. LCCJA shall not bill for time spent completing resuft report deliverables. iii. If monthly result reports are not provided within the time specified, Contractor understands and agrees WCDHS may choose to withhold payment for services. Page G of 11 iv. Any testing services provided outside of the specific authorization dates on the referral and approval form will not be paid by WCDHS. V. Deliverables LCCJA shall do, perform, and carry out; in a satisfactory and proper manner, as determined by WCDHS; the following service areas: Deliverable Timeline Payment/Rate A. Services — see Exhibit B, Testing Definitions. Contractor shall 1. Monitored Drug Testing submit service units monthly i. WCDHS Caseworker Staff may approve one into WCDHS by (1) time Lab UA, Combined UA/ETG, ETG, close of BA, or Quick Test. WCDHS Caseworker Staff business on the can also approve any of the above with an tenth (10th) day additional BA. ii. All other tests, or ongoing tests, must be approved by WCDHS PQAC. iii. Children, youth, and family Managers may approve one (1) time, after hours testing request. of each month Deliverable Timeline Payment/Rate B. Result Reports — All reports shall be emailed to HS- ChildCareBilling@weld.gov by LCCJA to WCDHS Assigned Caseworker staff within the timelines described. Ongoing throughout the Contract Term, unless otherwise stated. Once Contractor has received results from lab. 1. Result Reports i. Report shall include: a. Client name b. Related drug testing results Deliverable Timeline Payment/Rate C. Schedule of Services — see Exhibit B, Testing Definitions. Automatic confirmation on all positive tests. Ongoing throughout the Contract Term 1. Oral Fluid 7 (2718)(Sentry Test) (suggested) $30.00 2. Oral Fluid 7 (2403) (Cordant Test) (suggested) $30.00 3. Oral Fluid 6 Drug (33) (currently utilized) $25.00 4. 8 Drug Panel (2277) (currently utilized) $21.00 5. 12 Drug Panel (1395) (currently utilized) (auto confirmations for ETG only included) $25.00 6. Hair Test 13 (suggested) $165.00 7. Hair Test 5 Panel (suggested) $65.00 8. Hair Test H8P $95.00 9. Quick Test 10 Panel (suggested) $15.00 10. GCMS (suggested) (confirmation testing) $20.00 Page 7of11 VI. Changes to Scope of Work LCCJA may submit a written request to WCDHS if changes to the SOW are desired. The request shall include the changes being requested and the reason for the changes. WCDHS will review the request and may seek any additional information from LCCJA regarding the changes and provide LCCJA with written notice of acceptance or denial of the request within thirty (30) calendar days. In the event it is determined by WCDHS that a change to the SOW is required, an amendment shall be made to the Agreement in accordance with Section VIII.1. of the Agreement. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK. Page 8 of 11 Exhibit B Testing Definitions All requests for Services by the County will be made on a referral and approval form provided by the designated Children, Youth and Families staff member or Program Quality Assurance Coordinator (PQAC) for each authorized client. Drug and Alcohol Abuse Testing Services assist to improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. The term "panel' refers to a drug or family of drugs included in a drug test; a drug "panel" is simply a collection of drugs, or the family of drugs, that you want to test for on any given drug screen. The following chart outlines the details for each test listed in Exhibit A, Scope of Work. Lab Urinalysis & Lab Oral Fluids Tests Service Name Service Description/Details 7- Panel Oral Fluid Test (Sentry Test 2718 & Cordant Test 2403) Ethanol Meth/Amphetamine Benzodiazepines Cocaine Opiates Cannabinoids/THC Fentanyl 6 -Panel Oral Fluid Test (33) Ethanol Methamphetamine/Amphetamine Benzodiazepines Cocaine Opiates Cannabinoids/THC Urine 8 Drug Panel (2277) Meth/Amphetamine Barbiturates Benzodiazepines Cocaine Opiates THC Ethyl Glucuronide (ETG) Fentanyl Page 9of11 Urine 12 Drug Panel (1395) Meth/Amphetamine Barbiturates Benzodiazepines Cocaine Methadone Opiates Propoxyphene THC Ethyl Glucuronide-ETG Tramadol Buprenorphine Fentanyl Hair Test 13 Drug Panel Methamphetamine Amphetamine Barbiturate Buprenorphine Benzodiazepine Cocaine Opiates Extended Opiates Methadone Tramadol Phencyclidine Fentanyl THC Hair Test 5 Panel Meth/Amphetamine Cocaine Opiates PCP THC Hair Test 8 Drug Panel (H8P) Amphetamine Methamphetamine Cocaine Opiates PCP THC Extended Opiates Fentanyl Page 10 of 11 Quick Test 10 Drug Panel Methamphetamine Amphetamine Benzodiazepines Cocaine Opiates MDMA THC ETG Buprenorphine Fentanyl GCMS confirmations Confirmatory testing for positive results Spice Panel K2 Add-on Designer Stimulants Panel Bath Salts, KHAT Kratom Panel Mitragynine Add-on Breathalyzer Test for estimating blood alcohol content (BAC) Club Drug Panel Ecstasy, Oxycodone, Ketamine Add-on test Soma Muscle Relaxer Carisoprodol (Cordent Test) Lysergic Acid Diethylamide LSD (Cordent Test) Ecstasy MDMA (Cordent Test) Psilocybin Mushrooms (Cordent Test) Xylazine Xylazine (Cordent Test) Page 11 of 11 Contract Form Entity Information Entity Name* Entity ID* LARIMER COUNTY COMMUNITY @00049989 JUSTICE ALTERNATIVES Contract Name* INTERGOVERNMENTAL AGREEMENT - LARIMER COUNTY COMMUNITY JUSTICE ALTERNATIVES (DRUG AND ALCOHOL TESTING SERVICES) Contract Status CTB REVIEW Q New Entity? Contract ID 9613 Contract Lead* COBBXXLK Contract Lead Email cobbxxlk@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* NEW INTERGOVERNMENTAL AGREEMENT FOR DRUG AND ALCOHOL TESTING SERVICES FOR CHILD WELFARE - TERM: DATE OF EXECUTION THROUGH APRIL 30, 2026. Contract Description 2 APPROVED PA ATTACHED Contract Type* AGREEMENT Amount* $10,000.00 Renewable* NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 06/21/2025 06/25/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OrBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 02/27/2026 Committed Delivery Date Renewal Date Expiration Date* 04/30/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH DH Approved Date 06/18/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/25/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 06/19/2025 06/19/2025 Tyler Ref # AG 062525 Originator COBBXXLK Hello