HomeMy WebLinkAbout20200867.tiffRESOLUTION
RE: APPROVE AGREEMENT AMENDMENT TO PURCHASE OUT -OF -HOME
PLACEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - ARIEL CLINICAL
SERVICES
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 Amendment to Purchase
Out -of -Home Placement 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 Ariel Clinical Services, commencing upon full execution of signatures, and ending
June 30, 2020, with further terms and conditions being as stated in said agreement amendment,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement
amendment, 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 Amendment to Purchase Out -of -Home Placement
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 Ariel
Clinical Services, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dediA) `k:tok
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
Deputy C erk to the Board
APPRO ED AS
County Qnorney
Date of signature: 0311°1 /
Kevin D. Ross
Steve reno, Pro -Tern
. James
EXCUSED
arbara Kirkm
cc:1-tSD
o't /06 /2j
2020-0867
HR0092
Conk-eun -f ID # 337O
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: February 12, 2020
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Agreement Amendment to Ariel Clinical Services (Out -of -Home
Placement Services)
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Approval of the Department's Agreement Amendment with Ariel Clinical Services. The
Department entered into an agreement with Ariel Clinical Services for Out -of -Home Placement Services,
identified as Tyler ID 2019-3652, August 12, 2019, for the term of July 1, 2019 -June 30, 2020. The contract is
being amended to update the contracted facility exhibits and add the following Group Home/Group Center Care
facilities.
All Hands In, Facility ID 1686513, $114.13/Day
House of Healing, Facility ID 1709708, $114.13/Day
- Ascend Group Home, Facility ID 1705635, $114.13/Day
I do not recommend a Work Session. 1 recommend approval of this Agreement Amendment and authorize the
Chair to sign.
Mike Freeman, Chair
Scott James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
"pi
Approve Schedule
Recommendation Work Session
Other/Comments:
Pass -Around Memorandum; February 12, 2020 — CMS 3370
Page 1
2020-0867
O3�J 1
aentraci- z) If 3370
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: January 14, 2020
TO: Board of County Commissioners -- Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: URGENT REQUEST FOR APPROVAL —
Agreement Amendment to Ariel Clinical Services
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 Urgent Request for Approval of an
Agreement Amendment with Ariel Clinical Services. The Department entered into an
agreement with Ariel Clinical Services for Out -of -Home Placement Services, identified as Tyler
ID 2019-3652 , on August 12, 2019, for the term of July 1, 2019 -June 30, 2020. The contract is
being amended at this time to add a facility. The facility is identified as The Sistahood Project
(Facility ID 1621908) at the daily rate of $114.13.
The Department has identified the need for this facility for a specific youth, who needs
placement today, January 14, 2020.
I do not recommend a Work Session. I recommend approval of this Agreement Amendment.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Schedule
Recommendation Work Session
Other/Comments:
Pass -Around Memorandum; January 14, 2020 — CMS 3370
Page 1
Tobi Cullins
From:
Sent:
To:
Cc:
Subject:
Approve.
Mike Freeman
Tuesday, January 14, 2020 5:04 PM
Tobi Cullins
Barbara Kirkmeyer; Steve Moreno; Sean Conway; Scott James; HS Contract
Management; Judy Griego; Jamie Ulrich; Karla Ford; Cheryl Hoffman; Heather Walker;
Doug Hainley; Barb Connolly; Bruce Barker, Esther Gesick; Lennie Bottorff
Re: DHS URGENT REQUEST FOR APPROVAL (Pass -Around Memorandum) - Amendment
to Placement Contract (Placement Needed Today, 01/14/20)
Sent from my iPhone
On Jan 14, 2020, at 5:02 PM, Tobi Cullins <cullinta@weldgov.com> wrote:
Good afternoon,
Please see attached urgent Pass -Around Memorandum requiring your immediate review and
approval. The Department has an identified youth who requires placement at The Sistahood Project, an
Ariel Clinical Services facility. This facility is not currently available under our existing contract.
Please review the attached Memorandum and respond to this email with your approval to move
forward with the amendment.
Your prompt attention and immediate response is appreciated.
Thank you.
Regards,
Tobi A. Cullins
Contract Management and Compliance Coordinator
Administration Support Unit (ASU)
Contract Management Team: 970-400-6556
Direct: 970-400-6392
Fax: 970-353-5215
cullinta@weldpov.com
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.
<image002.png>
1
Vision:
The people of Weld County are connected to the resources needed to thrive in the community and feel
safe and empowered.
Mission:
Engaging and partnering with the community to improve the safety, health and well-
being of individuals and families through the delivery of responsive and collaborative
services.
<011420 CW Ariel Amends (CMS 3370).docx>
2
Tobi Cullins
From:
Sent:
To:
Cc:
Subject:
Approve,
Steve Moreno
Weld County Commissioner At Large
1150 0 Street
PO Box 758
Greeley CO 80632
Phone: 970-336-7204 Ext. 4207
Fax: 970-336-7233
Email: smorenocco.weid.co.us
Website: www.co.weld.co.us
Steve Moreno
Tuesday, January 14, 2020 5:24 PM
Tobi Cullins; Barbara Kirkmeyer, Sean Conway; Scott James; Mike Freeman
HS Contract Management; Judy Griego; Jamie Ulrich; Karla Ford; Cheryl Hoffman;
Heather Walker; Doug Hainley; Barb Connolly; Bruce Barker; Esther Gesick; HS Contract
Management; Jamie Ulrich; Judy Griego; Lennie Bottorff
RE: DHS URGENT REQUEST FOR APPROVAL (Pass -Around Memorandum) - Amendment
to Placement Contract (Placement Needed Today, 01/14/20)
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: Tobi Cullins <cullinta@weldgov.com>
Sent: Tuesday, January 14, 2020 5:03 PM
To: Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Sean Conway
<sconway@weldgov.com>; Scott James <sjames@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>
Cc: HS Contract Management<HS-ContractManagement@co.weld.co.us>; Judy Griego <griegoja@weldgov.com>; Jamie
Ulrich <ulrichjj@weldgov.com>; Karla Ford <kford@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>;
Heather Walker <walkerhd@weldgov.com>; Doug Hainley <Hainlejd@weldgov.com>; Barb Connolly
<bconnolly@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>; HS
Contract Management<HS-ContractManagement@co.weld.co.us>; Jamie Ulrich <ulrichjj@weldgov.com>; Judy Griego
<griegoja@weldgov.com>; Lennie Bottorff <bottorll@weldgov.com>
Subject: DHS URGENT REQUEST FOR APPROVAL (Pass -Around Memorandum) - Amendment to Placement Contract
(Placement Needed Today, 01/14/20)
Importance: High
Good afternoon,
1
Please see attached urgent Pass -Around Memorandum requiring your immediate review and approval. The Department
has an identified youth who requires placement at The Sistahood Project, an Ariel Clinical Services facility. This facility is
not currently available under our existing contract.
Please review the attached Memorandum and respond to this email with your approval to move forward with the
amendment.
Your prompt attention and immediate response is appreciated.
Thank you.
Regards,
Tobi A. Cullins
Contract Management and Compliance Coordinator
Administration Support Unit (ASU)
Contract Management Team: 970-400-6556
Direct: 970.400-6392
Fax: 970-353-5215
cullinta@weldgov.com
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.
Vision:
The people of Weld County are connected to the resources needed to thrive in the community
and feel safe and empowered.
Mission:
Engaging and partnering with the community to improve the safety, health and well-being of
individuals and families through the delivery of responsive and collaborative services.
2
Tobi Cullins
From:
Sent:
To:
Cc:
Subject:
Fine with me.
** Sent from my iPhone **
Scott James
Tuesday, January 14, 2020 7:02 PM
Tobi Cullins
Barbara Kirkmeyer; Steve Moreno; Sean Conway; Mike Freeman; HS Contract
Management; Judy Griego; Jamie Ulrich; Karla Ford; Cheryl Hoffman; Heather Walker;
Doug Hainley; Barb Connolly; Bruce Barker; Esther Gesick; Lennie Bottorff
Re: DHS URGENT REQUEST FOR APPROVAL (Pass -Around Memorandum) - Amendment
to Placement Contract (Placement Needed Today, 01/14/20)
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
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
On Jan 14, 2020, at 5:02 PM, Tobi Cullins <cullinta@weldgov.com> wrote:
Good afternoon,
Please see attached urgent Pass -Around Memorandum requiring your immediate review and
approval. The Department has an identified youth who requires placement at The Sistahood Project, an
Ariel Clinical Services facility. This facility is not currently available under our existing contract.
Please review the attached Memorandum and respond to this email with your approval to move
forward with the amendment.
Your prompt attention and immediate response is appreciated.
Thank you.
Regards,
Tobi A. Cullins
Contract Management and Compliance Coordinator
Administration Support Unit (ASU)
Contract Management Team: 970-400-6556
1
Direct: 970-400-6392
Fax: 970-353-5215
cullintaPweldgov.com
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.
<image002.png>
Vision:
The people of Weld County are connected to the resources needed to thrive in the community and feel
safe and empowered.
Mission:
Engaging and partnering with the community to improve the safety, health and well-
being of individuals and families through the delivery of responsive and collaborative
services.
<011420 CW Ariel Amend1(CMS 3370).docx>
2
Tobi Cullins
From:
Sent:
To:
Cc:
Subject:
Barbara Kirkmeyer
Wednesday, January 15, 2020 3:33 AM
Tobi Cullins
Steve Moreno; Sean Conway; Scott James; Mike Freeman; HS Contract Management;
Judy Griego; Jamie Ulrich; Karla Ford; Cheryl Hoffman; Heather Walker; Doug Hainley;
Barb Connolly; Bruce Barker; Esther Gesick; Lennie Bottorff
Re: DHS URGENT REQUEST FOR APPROVAL (Pass -Around Memorandum) - Amendment
to Placement Contract (Placement Needed Today, 01/14/20)
Approve.
Sorry I did not catch this one earlier. The problem is it did not go thru Karla.
You need to send these all thru Karla or the Commissioner coordinator in Karla's absence.
Karla will track us down. Lol
Sent from my iPhone
On Jan 14, 2020, at 5:02 PM, Tobi Cullinsccullinta@weldgov.com> wrote:
Good afternoon,
Please see attached urgent Pass -Around Memorandum requiring your immediate review and
approval. The Department has an identified youth who requires placement at The Sistahood Project, an
Ariel Clinical Services facility. This facility is not currently available under our existing contract.
Please review the attached Memorandum and respond to this email with your approval to move
forward with the amendment.
Your prompt attention and immediate response is appreciated.
Thank you.
Regards,
Tobi A. Cullins
Contract Management and Compliance Coordinator
Administration Support Unit (ASU)
Contract Management Team: 970-400-6556
Direct: 970-400-6392
Fax: 970-353-5215
cullinta@weldgov.com
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
1
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.
<i m age002 . p ng>
Vision:
The people of Weld County are connected to the resources needed to thrive in the community and feel
safe and empowered.
Mission:
Engaging and partnering with the community to improve the safety, health and well-
being of individuals and families through the delivery of responsive and collaborative
services.
<011420 CW Ariel Amends (CMS 3370).docx>
2
AGREEMENT AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND ARIEL CLINICAL SERVICES
This Agreement Amendment made and entered into 1/'fi'l day of 2020 by and
between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human
Services, hereinafter referred to as the "Department", and Ariel Clinical Services, hereinafter referred to as the
"Contractor".
WHEREAS the parties entered into an Agreement to Purchase Out -of -Home Placement Services, (the
"Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document
No. 2019-3652, approved on August 12, 2019.
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 June 30, 2020.
• This Amendment, together with the Original Agreement, constitutes the entire understanding
between the parties. The following additional changes are hereby made to the current Agreement:
1. Exhibit B is hereby amended as attached.
2. Exhibit C is hereby amended as attached.
3. Exhibit D is hereby amended as attached.
4. Exhibit E is hereby amended as attached.
5. Addition of Exhibit F to the SS23A — Additional Provisions for the Agreement to Purchase Out -of -
Home Placement Services SS23A for the Purchase of Group Home/Group Center Care Services for
Facility ID 1686513 (All Hands In), for the daily rate of $114.13.
6. Addition of Exhibit G to the SS23A — Additional Provisions for the Agreement to Purchase Out -of -
Home Placement Services SS23A for the Purchase of Group Home/Group Center Care Services for
Facility ID 1709708 (House of Healing), for the daily rate of $114.13.
7. Addition of Exhibit H to the SS23A — Additional Provisions for the Agreement to Purchase Out -of -
Home Placement Services SS23A for the Purchase of Group Home/Group Center Care Services for
Facility ID 1705635 (Ascend Group Home), for the daily rate of $114.13.
8. Addition of Exhibit Ito the SS23A — Additional Provisions for the Agreement to Purchase Out -of -
Home Placement Services SS23A for the Purchase of Group Home/Group Center Care Services for
Facility ID 1621908 (The Sistahood Project), for the daily rate of $114.13.
• 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:
Weld C
By:
Clerk to the Bo
Deputy Clerk „t e oard
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
MAR 1 12020
CONTRACTOR:
Ariel Clinical Services
4660 Wadsworth Blvd.
Wheat Ridge, CO 80033
By:
Date:
A.
michelle powner (Feb 5, 2020)
Michelle Powner, Program Manager
Foster Care and Adult Services
Feb 5, 2020
Xoa.o - 0,f(7
EXHIBIT B to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1643047 (Ariel Sprite House) at the contractor's base
anchor rate of $114.13 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the
significant needs of a specific child. These services will be for children who have been deemed
eligible for social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include, but
are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational
supplies and allowance), direct child care, transportation, administrative overhead, support
overhead, service delivery staff, which may include but are not limited to: Parent training for
teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified
by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and
cooperate with any vendors hired by the Weld County Department of Human Services to shorten
the duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every
year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the SS23A
16 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SSZ3A
17 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
18 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the SS23A
19 Revised 6/2019
EXHIBIT C to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1630179 (Kismet House) at the contractor's base anchor
rate of $114.13 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the
significant needs of a specific child. These services will be for children who have been deemed
eligible for social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include,
but are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing,
educational supplies and allowance), direct child care, transportation, administrative overhead,
support overhead, service delivery staff, which may include but are not limited to: Parent
training for teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified
by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and
cooperate with any vendors hired by the Weld County Department of Human Services to shorten
the duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every
year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the 5523A
20 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SS23A
21 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
22 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the 5523A
23 Revised 6/2019
EXHIBIT D to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1565168 (The Daisy Center) at the contractor's base
anchor rate of $117.44 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the
significant needs of a specific child. These services will be for children who have been deemed
eligible for social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include, but
are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational
supplies and allowance), direct child care, transportation, administrative overhead, support
overhead, service delivery staff, which may include but are not limited to: Parent training for
teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified
by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and
cooperate with any vendors hired by the Weld County Department of Human Services to shorten
the duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every
year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the SS23A
24 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the S523A
25 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
26 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the SS23A
27 Revised 6/2019
EXHIBIT E to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions ofthis Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board ofCounty Commissioners ofWeld County, on behalfofthe Weld County Department of
Human Services," hereinafter referred to as, "County," and Arid Clinical Services hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1680477 (Rise Home for Boys) at the contractor's base
anchor rate of $114.13 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the
significant needs of a specific child. These services will be for children who have been deemed
eligible for social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include,
but are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing,
educational supplies and allowance), direct child care, transportation, administrative overhead,
support overhead, service delivery staff, which may include but are not limited to: Parent
training for teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified
by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and
cooperate with any vendors hired by the Weld County Department of Human Services to shorten
the duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every
year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the 5523A
28 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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-
IO2(5)(c). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SS23A
29 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
30 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the 5523A
31 Revised 6/2019
EXHIBIT F to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1686513 (All Hands In Group Center) at the
contractor's base anchor rate of $114.13 per day, as outlined in the Colorado Department of
Human Services Informational Memorandum IM -C W-2018-0040, unless for the 2019-2020
fiscal year the Contractor and County have agreed to a previously negotiated higher rate based
on the significant needs of a specific child. These services will be for children who have been
deemed eligible for social services under the statutes, rules and regulations of the State of
Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include, but
are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational
supplies and allowance), direct child care, transportation, administrative overhead, support
overhead, service delivery staff, which may include but are not limited to: Parent training for
teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified
by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and cooperate
with any vendors hired by the Weld County Department of Human Services to shorten the
duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every
year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the SS23A 32 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SS23A
33 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
34 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the SS23A
35 Revised 6/2019
EXHIBIT G to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1709708 (House of Healing) at the contractor's base
anchor rate of $114.13 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the significant
needs of a specific child. These services will be for children who have been deemed eligible for
social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include, but
are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational
supplies and allowance), direct child care, transportation, administrative overhead, support
overhead, service delivery staff, which may include but are not limited to: Parent training for
teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified by
County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and cooperate
with any vendors hired by the Weld County Department of Human Services to shorten the
duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every
year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the SS23A
32 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SS23A
33 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
34 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the S523A
35 Revised 6/2019
EXHIBIT H to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are
listed in this agreement for Facility ID 1705635 (Ascend Group Home) at the contractor's base
anchor rate of $114.13 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the significant
needs of a specific child. These services will be for children who have been deemed eligible for
social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include, but
are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational
supplies and allowance), direct child care, transportation, administrative overhead, support
overhead, service delivery staff, which may include but are not limited to: Parent training for
teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified by
County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and cooperate
with any vendors hired by the Weld County Department of Human Services to shorten the
duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every year.
If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the SS23A
32 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SS23A
33 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
34 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the SS23A
35 Revised 6/2019
EXHIBIT I to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Human Services," hereinafter referred to as, "County," and Ariel Clinical Services, hereinafter
referred to as, "Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which are listed
in this agreement for Facility ID 1621908 (The Sistahood Project) at the contractor's base
anchor rate of $114.13 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM -C W-2018-0040, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the significant
needs of a specific child. These services will be for children who have been deemed eligible for
social services under the statutes, rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization, the
maximum bed hold authorization may be up to 14 days. Bed hold requests must have prior
written authorization from the Weld County Department Administrator or Designee before
payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may include, but
are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational
supplies and allowance), direct child care, transportation, administrative overhead, support
overhead, service delivery staff, which may include but are not limited to: Parent training for
teens, independent living training, and mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in Family
Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified by
County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and cooperate
with any vendors hired by the Weld County Department of Human Services to shorten the
duration of placement.
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for
youth designated as a Special Education Student every 3 years and coordinate reviews every year.
If the IEP is due while the child is in placement, the Contractor shall complete or obtain a
completed IEP. A copy will then be forwarded to the County.
Exhibit to the SS23A
32 Revised 6/2019
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and
Child Placement Agencies are generally not eligible to receive clothing allowances as outlined
in the Weld County Department of Human Services Policy and Procedure Manual. However, a
one-time emergency clothing allowance may be approved in limited circumstances, with prior
written authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this Agreement for
purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years
after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
12. 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.
13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract Professional
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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify
the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract
Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring an new employee to perform work under the
Exhibit to the SS23A
33 Revised 6/2019
contract, affirm that Contract Professional 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. Contract Professional 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 of Colorado program. If Contract
Professional 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, Contract
Professional 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
Contract Professional receives federal or state funds under the contract, Contract Professional
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 Contract Professional 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.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or 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 (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the attached
Agreement, the County may exercise the following remedial actions if County finds and
determines that Contractor has substantially failed to satisfy the scope of work found in the
Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the
scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions include, but are not limited to, any one or more of the
following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Contractor cannot be
Exhibit to the SS23A
34 Revised 6/2019
performed or if performed would be of no value to County. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission, error,
fraud, and/or defalcation by deducting from subsequent payments under this Agreement,
or other agreements between County and Contractor, or as a debt to County, or otherwise
as provided by law.
19. 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 or their assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including
those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended, that the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not previously
exist with respect to any person not a party to this Agreement. The parties hereto acknowledge
and agree that no part of this Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies
of such document(s) to the County Director. The term "litigation" includes an assignment for
the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both parties.
23. 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.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance, policy,
or other proof of insurance at its sole discretion.
Exhibit to the SS23A
35 Revised 6/2019
Contract Form
New Contract Request
Entity Information
Entity Name*
ARIEL CLINICAL SERVICES
Entity ID*
@0003.5654
Contract Name*
ARIEL CLINICAL SERVICES (AGREEMENT AMENDMENT)
Contract Status
CTB REVIEW
Contract ID
3370
Contract Lead*
CULLINTA
❑ New Entity?
Parent Contract ID
20193652
Requires Board Approval
YES
Contract Lead Email Department Project #
cullinta@coweld co us
Contract Description*
AMENDMENT TO ADD FACILITIES AND UPDATE EXHIBITS/RATES AS NEEDED.
Contract Description 2
Contract Type*
AGREEMENT
Amount
$0 00
Renewable*
NO
Automatic Renewal
Grant
FGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weldgov.com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
01/22/2020
Due Date
01/18/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
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
Onaase
Contract Dates
Effective Date
Termination Notice Period
Review Date*
05/01/2020
Renewal Date
Committed Delivery Date Expiration Date*
06/30/2020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
03/04/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03,11/2020
Originator
CULLINTA
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
03/05/2020
Tyler Ref #
AG 031120
Legal Counsel
GABE KALOUSEK
Legal Counsel Approved Date
03/05/2020
Submit
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