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Home My WebLink About20203040.tiffC©n ac+ IDotzc0 I' AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS (SAFETOUCH: BODY SAFETY PROGRAM) This Agreement Amendment, made and entered into Z' day of 1" I I 2022 by and between the Board of Weld County Commissioners, on behalf of the Weld County De rtment of Human Services, hereinafter referred to as the "Department", and LutheranFamily Services Rocky Mountains, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Safetouch: Body Safety Program, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020- 3040, approved on October 7, 2020. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement was set to end on September 30, 2021. • The Original Agreement was amended on: • August 30, 2021 to extend the term date through September 30, 2022. • The Amendment is identified by the Weld County Clerk to the Board of County Commissioners as document number 2020-3040. • These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement: 1. Term This agreement is being renewed for the period of October 1, 2022 through September 30, 2023. • All other terms and conditions of the Original Agreement remain unchanged. ZOw-3040 og12y /22 / Ni? OOg2 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTES ��""'" "'" ' " J<� IAO;K• BOA OF COUNTY COMMISSIONERS We3Deputy Clerk to the B and WE CO TY, COLORADO By: er o the Board Scott K. James, Chair -� AUG 2 4 2022 utheran Family Services Rocky Mountains TiF ' ti 363 South Harlan Street, Suite #200 Denver, Colorado 80226 By: James Horan, President and Chief Executive Officer Date: Aug 17, 2022 SIGNATURE REQUESTED: Weld/LFS SafeTouch Amendment 2 (f) Final Audit Report 2022-08-17 Created: 2022-08-15 By: Alison Pegg (apegg@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA71aAFMNVBIt9tAgaIDDBKBUAkcEkUg8g "SIGNATURE REQUESTED: Weld/LFS SafeTouch Amendment 2 (f)" History Document created by Alison Pegg (apegg@co.weld.co.us) 2022-08-15 - 32808 PM GMT- IF address: 204.133.39.9 + Document emailed to James Horan (james.horan@lfsrm.org) for signature 2022-08-15 - 3:28:41 PM GMT Email viewed by James Horan (james.horan@lfsrm.org) 2022-08-17 - 22232 PM GMT- IP address: 97.118.200.134 d5a Document e -signed by James Horan (james.horan@Ifsrm.org) Signature Date: 2022-08-17 - 2:22:52 PM GMT - Time Source: server- IP address: 97.118.200.134 Q Agreement completed. 2022-08-17 - 2:22:52 PM GMT " VOWlffld by Adobe Acrobat Sign New Contract Request Entity Information Entity Name* Entity 1D * ❑ New Entity? LUTHERAN FAMILY SERVICES ROCKY 900045877 MOUNTAINS Contract Name* Contract ID Parent Contract ID LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS 6240 20203040 (SAFETOUCH AMENDMENT 2) Contract Lead* Requires Board Approval Contract Status APECC YES CTB REVIEW Contract Lead Email Department Project # apegg weldgov.cOW;cobbx xi kWweldgtrv. coat Contract Description* CONSENT. SECOND AMENDMENT FOR THE SAFETOUCH: BODY SAFETY PROGRAM, EXTENDING TERM DATES: OCTOBER T 2022 THROUGH SEPTEMBER 30, 2023. Contract Description 2 NO PA IS NEEDED, JUST EXTENDING TERM DATES. Contract Type* Department Requested 8OCC Agenda Due Date AMENDMENT HUMAN SERVICES Date* 09,=24,:2022 09;28(2022 Amount* Department Email $0.00 CM- will a work session with BOCC be required?"* HumanServicesWeldgctv.co NO Renewable* m NO Does Contract require Purchasing Dept. Robe included? Department Head a i Automatic Renewal CM-HumanServices- DeptHeadTweldgov.caray Grant County Attorney GENERAL COUNTY ICA ATTORNEY EMAIL County Attorney Entail CM- COUNTYATTOR:NEY,W E LDC OV.COM If this is a renewal enter previous ConRract ID if this is part of a enter Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ontase Contract Dates Effective Date Review Date* Renewal Date 08(01/2023 Termination Notice Period Committed Delivery Date Expiration Date* 09/2912023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 08/ 19,'2022 Approval Process Department t Head Finance Approver JAMIE ULRICH CONSENT DH Approved Date Finance Approved Date 08/ 19!2022 08/19/2022 Final Approval 1OCC Approved ROCC Signed Date 1OCC Agenda Date 08/24/2022 Tyler Ref # AG 082422 Legal Counsel CONSENT Legal Counsel Approved Date 08/19/2022 PRIVILEGED AND CONFIDENTIAL C-C�Y1WaC�" 10.4 5215 MEMORANDUM DATE: August 24, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Amendment Agreement with Lutheran Family Services Rocky Mountains Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Amendment Agreement with Lutheran Family Services Rocky Mountains. On October 7, 2020, the Department entered into an Agreement for Professional Services, known as Tyler ID 2020-3040, with Lutheran Family Services Rocky Mountains for the Safetouch: Body Safety Program. The Department would like to renew this Agreement for an additional year. The new term of the Agreement is October 1, 2021 through September 30, 2022. No other changes to the Agreement have been made. I do not recommend a Work Session. I recommend approval of this Agreement Amendment and authorize the Chair to sign. Approve Schedule RecommendationWork Session Other/Comments: Perry L. Buck Mike Freeman .ixyit Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Pass -Around Memorandum; August 24, 2021 — ID 5215 Page 1 ��(Y(1, cc.:pn�►se F-ISfJ o�C9o�0-30-(0 O Fs 1 31 f al a, o£s/30/ai tir ooq Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Mike Freeman Tuesday, August 24, 2021 12:13 PM Steve Moreno Karla Ford Re: Please Reply - PA FOR ROUTING: FR LFS Safetouch (CMS 5215) On Aug 24, 2021, at 1:46 PM, Steve Moreno <SMORENO@weldgov.com> wrote: Approve Sent from my iPhone On Aug 24, 2021, at 10:20 AM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(& weldgov.com :: www.weldgov.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002,jpg> Confidentiality Notice: 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: Alison Pegg <apegg@weldgov.com> Sent: Tuesday, August 24, 2021 10:53 AM To: Karla Ford <kford@weldgov.com> Cc: Barb Connolly <bconnolly@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com>; Esther Gesick <egesick@weldgov.com>; HS - Contract Management <HS-ContractManagement@co.weld.co.us>; Lennie Bottorff <bottorl l @weldgov.co m> Subject: PA FOR ROUTING: FR LFS Safetouch (CMS 5215) Good morning Karla, 1 HAGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS (SAFETOUCH: BODY SAFETY PROGRAM) This Agreement Amendment, made and entered into 3Q day of $+ 2021 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Hum Services, hereinafter referred to as the "Department", and Lutheran Family Services Rocky Mountains, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Safetouch: Body Safety Program, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020-3040, approved on October 7, 2020. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on September 30, 2021. • These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement: 1. Term This agreement is being renewed for the period of October 1, 2021 through September 30, 2022. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST:BOARD OF COUNTY COMMISSIONERS Weld C unty Clerk to the Board WELD OUNTY, COLORADO B Deputy Clerk to the Bi Steve Moreno, Chair AUG 3 0 2021 1161 Lutheran Family Services Rocky Mountains 363 South Harlan Street, Suite #200 Denver, Colorado 80226 By: James Horan, President and Chief Executive Officer Date: Aug 22, 2021 oZOcZD3 o?- New Contract Request Entity Information Entity Name', Entity ID LUTHERAN FAMILY SERVICES OF @00010375 COLORADO Contract Name LUTHERAN FAMILY SERVICES OF COLORADO (AGREEMENT AMENDMENT - SAFETOUCH) Contract Status CTB REVIEW ❑ New Entity? Contract ID 5215 Contract Lead APEGG Contract Lead Email apegg@weIdgov.com;cobbx xIk@weldgov.com Parent Contract II) 20203040 Requires Board Approval YES Contract Description - AGREEMENT AMENDMENT FOR SAFETOUCH_ BODY SAFETY PROGRAM. TERM: 10/1/21-9/ 30/22. Contract Desthption 2 PA IS BEING ROUTED THROUGH NORMAL PROCESS, ETA TO CT6: 8126/2021 Contract Type Department AMENDMENT HUMAN SERVICES Amount Department Email $0.00 CM- HumanServices eldgov.co Renewable m NO Department Head it Automatic Renewal CM -Human Services- DeptHeadg eltogov.co Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL county Attorney Email GM- COUNTYA ORNEY ELDG CV.GOM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested 11OCC Agenda Due Date Fate* 0925/2021 09r292021 Will a work session with 11OCC be required?* NO kTTlL Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasin=g Approver CONSENT Approval Process Department Head JAMIE ULRICH DH Approved Date 08:24/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09.01/2021 Originator APEGG Review Date 08,01x2022 Committed Delivery Date Renewal Date Expiration Date 09 10, 2022 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date 08.2412021 Finance Approver CONSENT Finance Approved Date 08:24,2021 Tyler Ref # AG9012021 Legal Counsel CONSENT Legal Counsel Approved Date 08 24x`2021 RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR SAFETOUCH BODY SAFETY PROGRAM AND AUTHORIZE CHAIR TO SIGN - LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS 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 Agreement for Professional Services for the Safetouch Body Safety Program 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 Lutheran Family Services Rocky Mountains, commencing October 1, 2020, and ending September 30, 2021, 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 Agreement for Professional Services for the Safetouch Body Safety Program 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 Lutheran Family Services Rocky Mountains, 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 7th day of October, A.D., 2020, nunc pro tunc October 1, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �Iei EXCUSED Mike Freeman, Chair Weld County Clerk to the Board Stev oreno Pro-Tem BY: Deputy Clerk to the Board t K. James AP rbara Kir 1) County Attorney Kevin D. Ross Date of signature: 13 cc : H S D 2020-3040 1O !►6420 HR0092 X12 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: September 29, 2020 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Agreement for Professional Services with Lutheran Family Services Rocky Mountains, SafeTouch Program: Body Safety Program Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Departments' Agreement for Professional Services with Lutheran Family Services Rocky Mountains for the SafeTouch: Body Safety Program. The Department is requesting approval of the Lutheran Family Services Rocky Mountains (LFSRM), SafeTouch: Body Safety Program. This program is a child sexual abuse prevention curriculum for Kindergarten to 5`'' grade which concentrates on how children can protect themselves from any type of abusive or unwanted touch. The major provisions of the Agreement are as follows: Term Service/Funding Rate October 1, 2020 - _ __ Safe Touch Program ) $25.00/Per Class (SafeTouch - September 30, 2021 per classroom presentation) Child Welfare Administration $8,400.00 (Maximum Reimbursement) Reimbursement payments are made quarterly. I do not recommend a Work Session. I recommend approval of the Agreement and authorize the Chair to sign. Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin Ross Aoprove Recommendation *1 ---U-.... Schedule Other/Comments: Work Session Pass -Around Memorandum; September 29, 2020 - CMS 4132 Page 1 2020-3040 10 /07 ©092 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS (SAFETOUCH: BODY SAFETY PROGRAM) THIS AGREEMENT is made and entered into this / " day of, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Lutheran Family Services Rocky Mountains, whose address is 363 South Harlan Street, Suite #200, Denver, CO 80226, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A, Scope of Services, Exhibit B, Rate Schedule, and Exhibit C, Representatives, which forms an integral part of this Agreement. Exhibit A, B, and C are specifically incorporated herein by this reference. 2. Service or Work. Department of Human Services will provide the materials, equipment and/or products necessary for the outlined scope of services and the Contractor agrees to diligently provide all services and labor, as described in Exhibit A. 3. Term. The term of this Agreement shall be from October 1, 2020, through September 30, 2021, or Contractor's completion of the responsibilities described in Exhibit A. This Agreement may be extended annually upon written agreement of both parties. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. County agrees to pay an amount no greater than $25.00 per completed presentation which is the amount set forth in Exhibit B. Reimbursement under this agreement may not exceed $8,400.00 for the term of this Agreement, as set forth in Paragraph 3. County agrees to pay Contractor through an invoice process during the course of this Agreement in accordance with the Rate Schedule as described in Exhibit B. Contractor agrees to submit invoices which detail the work completed by Contractor. The County will review each invoice and if it agrees Contractor has completed the invoiced items to the County's satisfaction, it will remit payment to Contractor. Contractor agrees to work within the confines of the Scope of Services outlined in Exhibit A. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. 14. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 15. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld county of the most recent employment for a PERA contributing employer. 29. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State 4 of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 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 the 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 the 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 the contract. 30. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A, B, and C, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: _ BOARD OF COUNTY COMMISSIONERS Weld un Clerk to the Bo rd WELD COUNTY, COLORADO By: Deputy Cler the oard eve Moreno, Chair Pro —Tern 2020 Lutheran Family Service Rocky Mountains 363 South Harlan Street, Suite #200 Denver, CO 80226 By: James Horan, President and Chief Executive Officer Date: Sep 23, 2020 '2 - a-0 %-o EXHIBIT A SCOPE OF SERVICES A. GENERAL DESCRIPTION OF PRIMARY OBJECTIVE Utilizing "SafeTouch: Child Sexual Abuse Prevention Curriculum for Kindergarten to 5th Grade" curriculum, Contractor will conduct classroom presentations that concentrate on how children can protect themselves from any type of abusive or unwanted touch. The program will devote time to the problems associated with abusive situations among family members, acquaintances, strangers and peers, empowering children and adolescents to seek help if threatened or victimized. B. SERVICE DETAILS Modalities, Curriculum or Tools: o Contractor utilizes "SafeTouch: Child Sexual Abuse Prevention Curriculum for Kindergarten to 5th Grade" to provide this program, hereinafter referred to as "SafeTouch". This curriculum was developed by Chris Sarlo-Bergman, clinician and child forensic interviewer at the Life Stories Child Advocacy Center, and other area professionals exclusively for the children and adolescents of Weld County. It is evidence -informed and addresses many of the research -based protective factors regarding child sex abuse such as a child setting personal boundaries and having/identifying at least one secure adult in their lives (Vermont Agency of Human Services, 2019 website). The curriculum includes activities, songs, stories, and discussion focused on empowering children. SafeTouch is presented to each classroom as a single session. During COVID-19, while school districts have placed restrictions on in -class presentations, SafeTouch will be presented via live Zoom web presentation. This allows the presentations to occur within a comfortable environment in which the children feel at ease asking questions or sharing information. The teachers' section covers identifying symptoms of abuse, setting up a school program, teaching tips, and resources. o The SafeTouch program meets national standards for best practice in child sexual abuse prevention programs, as well as state and local guidelines for school -based instruction. Capacity for Services: o The program has one (1) coordinator and one (1) educator dedicated to scheduling and teaching the program material. The number of schools served is limited to the number of weeks students are in school. The program will follow the school calendar and is limited to approximately 30 weeks in a school year. Most schools take several days to complete presentations for all grade levels. Contractor has the capacity to provide SafeTouch to approximately 9,000 students in approximately 20 schools. Last year (2019-2020), LFSRM offered Safe Touch to 9,504 unduplicated students. A total of 395 presentations took place in 26 separate schools across Weld County. Goals of Service: o The Safe Touch program concentrates on how children can protect themselves from any type of abusive or unwanted touch. The program devotes time to the problems associated with abusive situations among family members, acquaintances, strangers and peers — empowering children and adolescents to seek help if threatened or victimized. o Contractor will teach children: ■ To differentiate between appropriate and inappropriate touches. ■ To distinguish between `safe' and `unsafe' secrets. ■ What constitutes abuse. ■ What resistance skills are necessary to prevent or report an abusive situation. • To recognize and react to unsafe touches by saying "No" and seeking help. • To name a safe adult that they can tell if they experience abuse. Outcomes of Service: o Contractor will measure success of the SafeTouch program through the use of an age -appropriate pre-test distributed prior to the SafeTouch class, with a post-test distributed immediately following the SafeTouch class. Contractor will randomly select the schools where the pre/post tests are distributed. Depending on school size, Contractor will select a number of schools representative of approximately 20% of students served. The outcomes that LFS strives to accomplish include: ■ 90% of students surveyed will demonstrate the ability to recognize safe versus unsafe touches immediately following the presentation ■ 90% of students surveyed will be able to identify examples of adults they would tell if the experience an unsafe situation immediately after the presentation or two weeks later? ■ 90% of students surveyed will demonstrate subject matter retention weeks after the presentation. The students will still be able to recognize safe and unsafe touches; know to say no and run away; and know that it is okay to tell trusted adults if they feel they have been the victim of an unsafe touch. • Target Population: o SafeTouch will be presented to over 9,000 children, ages five (5) — 12, annually in approximately 20 Weld County elementary schools. • Service Location: o SafeTouch is a community -based program which is presented in -person at elementary schools in Weld County. Contractor has a dedicated staff person who provides all SafeTouch presentations. Contractor will travel to and present the program at the request of any elementary school in Weld County. While COVID- 19 protocols are in place at school districts, SafeTouch presentations will occur via Zoom to classrooms and never to students who may be learning remotely from home, due to the possible need for student disclosure. • Language: o English only and proficient. EXHIBIT B RATE SCHEDULE Funding and Method of Payment The identified funding source is Child Welfare Administration funds. The Department agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specific in Paragraph 2, below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department after September 30, 2021. Expenses incurred by the Contractor prior to the term of this Agreement are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Agreement, 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 the Agreement or amend it accordingly. 2. Fees for Services The Department agrees to reimburse the Contractor for the work and services performed under this Agreement, as follows: • $25.00 per completed presentation. The Department will not reimburse the Contractor for any presentation that is not completed, canceled or otherwise. The maximum allowable reimbursement for the term of this Agreement is $8,400.00. Submittal of Vouchers Contractor shall prepare and submit quarterly an itemized invoice and signed quarterly report certifying that services authorized were provided on the date(s) indicated and the charges made were pursuant to the terms and conditions of Exhibit A, Scope of Services, and Exhibit B, Rate Schedule. The itemized quarterly invoice and report shall be submitted per the following schedule: • First Quarter (October 1 -December 31, 2020) — Due January 15, 2021 • Second Quarter (January 1 -March 31, 2021) — Due April 15, 2021 • Third Quarter (April 1 -June 30, 2021) — Due July 15, 2021 • Fourth Quarter (July 1 -September 30, 2021) — Due October 15, 2021 EXHIBIT C REPRESENTATIVES For this Agreement, the individuals identified below are hereby designated representatives. Either representative may from time to time designate in writing a new or substitute representative: For County: Julie Witkowski, Family Resource Division Head P.O. Box A Greeley, CO 80632 (970) 400-6777 witkowix( weldgov.com For Contractor: Kim Penney, Program Director 800 8th Avenue, Suite 225 Greeley, CO 80631 (970) 232-1156 kim.penney@lfsrm.org 4 ACORI$ CERTIFICATE OF LIABILITY INSURANCE Ill DATE (MM/DD/YYYY) 9/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc. - Colorado Division 1705 17th Street, Suite 100 Denver CO 80202 CONTACT IMA Denver Team PHONE FAX A/c No Ext): 303-534-4567(A/CNo): 303-534-0600 E-MAILDSS: DenAccountTechs@imacor.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Insurance Company 23850 INSURED LUTHSOC1 Lutheran Social Services of CO Lutheran Family Services Rocky Mountain INSURER B: Pinnacol Assurance 41190 INSURER Zurich American Insurance Company 16535 363 South Harlan, Ste 200 INSURERD: Denver CO 80226 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 532694291 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYYI POLICY EXP (MMIDDIYYYYI LIMITS A X COMMERCIALGENERALLIABILITY PHPK2151625 7/1/2020 7/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGETORENTED PREMISES Eaoccur nce $ 1,000,000 MED EXP (Any one person) $ 20,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 GEN'L POLICY PECT ROEKII LOC J PRODUCTS - COMP/OP AGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY PHPK2151637 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR PHUB728858 7/1/2020 7/1/2021 EACH OCCURRENCE $4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTIONS $ B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N N 4040538 WC969160409 3/1/2020 3/1/2020 3/1/2021 3/1/2021 X STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A Crime/Employee Dishonesty PHPK2151625 7/1/2020 7/1/2021 Limit $250,000 Deductible $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Cyber Liability Coverage: Policy #CYB100595200 Effective Dates: 07/01/20-07/01/21 Insurer: Hudson Excess Insurance Company $1,000,000 Network Security & Privacy Limit; $10,000 Deductible Professional Liability Coverage: Policy #PHPK2151625 Effective Dates: 07/01/20-07/01/21 Insurer: Philadelphia Insurance Company $1,000,000 Each Occurrence; $3,000,000 Aggregate Limit; $1,000,000 Sexual and/or Physical Abuse Limit See Attached... Lh1l0l'RUWiILNJPI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1150O ST Greeley CO 80631 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LUTHSOCI LOC #: ACO OR ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED IMA, Inc. - Colorado Division Lutheran Social Services of CO Lutheran Family Services Rocky Mountain 363 South Harlan, Ste 200 POLICY NUMBER Denver CO 80226 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Property Coverage: Policy #PHPK2151625 e Dates: 07/01/20-07/01/21 Insurer: Philadelphia Insurance Company 0 Building Limit; $2,500 Deductible; SPC Form/RC; $962,200 Personal Property Limit; $2,500 Deductible; SPC Form/RC IBoard of County Commissioners of Weld County and its Officers/Employees are included as Additional Insureds on the General Liability Policy if required by written contract or agreement subject to the policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD New Contract Request Entity Information Entity Name* Entity 1D* ❑ New Entity? LUTHERAN FAMILY SERVICES OF 9,00010375 COLORADO Contract Narne * Contract It) Parent Contract ID LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS 41 32 (AGREEMENT FOR PROFESSIONAL SERVICES - SAFETOUCH * RequiresBoard oval Contract Lead iApia Contract Status CULLINTA YES CTB REVIEW Contract Lead Email Department Project # cullinta(-co.weld.co, us: cobb xxIkco,weld.co.us Contract Description NEW AGREEMENT FOR PROFESSIONAL SERVICES FOR THE SAFETOUCH: BODY SAFETY PROGRAM. TERM: OCTOBER 1, 2020 - SEPTEMBER 30, 2021 FUNDING: NON -CORE Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date AGREEMENT HUMAN SERVICES Date* 10r 102020 10'14;'2020 Amount* Department Email $0.00 CM- Will a work session with BOCC be required?* HumanServicesi2weldgov.co NO Renewable * 111 NO Does Contract require Purchasing Dept. to be included? Department Head Email Automatic Renewal CM -Human Services- DeptHead weldgov.com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYIELDG OV.COM If this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 09,+24,/ 2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10,'U72020 Originator COBBXXLK Review Date * 0730x'2021 Committed Delivery Date Renewal Date Expiration Date* 091302021 Contact Phone I Contact Phone 2 Purchasing Approved Date Finance Approver BARB CONNOLLY Finance Approved Date 09129:2020 Tyler Ref # AG 100720 Legal Counsel GABE KALOUSEK Legal Counsel Approved Date 09:`29,£ 2020 Hello