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Home My WebLink About20173926.tiff�avituct lb #a ya AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO THERAPY HORSES BY HUMAN INTERPERSONAL SERVICES, INC. This Agreement Amendment, made and entered into d day of -U3ceA, , 2018 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 Colorado Therapy Horses by Human Interpersonal Services, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Equine Therapy (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-3926 approved on November 20, 2017. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement, 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 May 31, 2018. • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Agreement: 1. WHEREAS, the Colorado Department of Human Services has provided Core Services or other funds to the Department for Equine Therapy. 2. Paragraph 1, Term This agreement shall become effective on October 1, 2017, upon proper execution of this Agreement and shall expire May 31, 2019, unless sooner terminated as provided herein. 3. Payment The Department and the Contractor agree that all benefits from private insurance and/or other funding sources such as Medicaid (if Contractor is a Medicaid eligible provider) or Victim's Compensation must be exhausted before Core Services or other Department funds can be accessed for services. Exceptions to this Paragraph may include, if approved by the Department, the following: i. The service being provided by the contractor is not a Medicaid eligible service; ii. The service is not deemed medically necessary; iii. The Court with jurisdiction over the case has ordered that a non -Medicaid provider or service be used; iv. A Medicaid provider is not available to provide the needed service; (2�t4eJ 20/7 -39.2(0 v. Medicaid is exhausted for the needed service; or vi. Medicaid denied service. vii. The client is not eligible for Medicaid. 4. Exhibit C, Scope of Services, amended as attached. 5. Exhibit D, Payment Schedule, amended as attached. • 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: C//otrA441 '� BOARD OF COUNTY COMMISSIONERS We lounty Clerk to th Board WELD COUNTY, COLORADO B Deputy Cler to the Boar teve Moreno, Chair L022018 CONTRACTOR: Colorado Therapy Horses by Human Interpersonal Services, Inc. 14272 Weld County Road 72 Greeley, Colorado 80631 (970) 71472 By: Richard C. McMahan, President/CEO Date: 05/25/2018 0017-39 Co EXHIBIT C SCOPE OF SERVICES 1. Contractor will provider equine therapy to at -risk individuals and families, ages 12 and older, as referred by the Department. 2. Equine Therapy under this agreement will be non -riding interaction with horses under the supervision of a licensed therapist with the State of Colorado, and approved by the Department, and under the supervision of Richard C. McMahan. 3. Services allowable under this agreement include: a. Intake: Referred clients will participate in a one-time intake process prior to beginning services. With the exception of special circumstances, the intake process should take (1) hour. Under this agreement, the maximum intake allowable is two (2) hours. b. Individual Therapy. Referred individual clients 12 years of age and older requiring more individual attention or to focus on more in-depth issues. Services are tailored to meet the individual client's specific needs. c. Family Therapy: Referred families, with members ages 12 and older. Family Therapy utilizes a systems approach to improving relationship and communication within the family. Services are tailored to meet the family's specific needs. 4. All services will occur onsite at Colorado Therapy Horses, located at 14272 County Road 72, Greeley, Colorado 80631. 5. Contractor utilizes volunteers with court involvement who are seeking community service hours in the course of its daily activities. Contractor will ensure that all volunteers are non-violent, have no history of sexual offense of any kind, and have no current involvement with the Child Welfare system. Volunteers may not engage with clients referred by the Department at any time. Every effort should be made to ensure volunteers are not onsite when Department clients are receiving services. 3. Contractor will offer an initial appointment within seven (7) days of receiving the referral and will make at least three (3) attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral (excluding weekends and holidays). Contractor will document efforts to engage client in referred services. If after three (3) attempts the client does not respond the Contractor will notify the caseworker and the Child Welfare Contract and Services Coordinator immediately. 4. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 5. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department (FIDOS), unless otherwise directed by the Department. 1 7. Contractor agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 8. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 9. Contractor agrees to attend meetings when available and as requested by the Department, and such meetings are included in the identified service rate. Such meetings may include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Contractor understands that participation may occur by phone when necessary. 1 EXHIBIT D PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specified in Paragraph 2, below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department after May 31, 2019. Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the Department, the Department may immediately terminate the Agreement or amend it accordingly. 2. Fees for Services $100.00/Hour/Referral (Intake. Maximum of two (2) hours.) $115.00/Hour (Individual Equine Therapy. Inclusive of Case Management.) $150.00/Episode (Episode = 1.5 hours. Family Equine Therapy. Inclusive of Case Management.) Contractor may not attempt to collect co -pays and/or fees for services for which a Department client is responsible, but which a particular client refuses or fails to pay. Contractor will collect any applicable sliding scale co -pays and credit the Department for any payment received on the monthly billing. 3. Submittal of Vouchers Contractor shall prepare and submit monthly an itemized voucher, and signed monthly report if applicable, certifying that services authorized were provided on the date(s) indicated and the charges made were pursuant to the terms and conditions of Paragraph 3 and Exhibit A. Contractor shall submit all monthly billings and applicable reports to the Department by the 7th day of the month following the month the cost was incurred. Failure to submit by the aforementioned deadline may result in forfeiture of payment. a. For ongoing services, proof of services rendered shall be a Client Verification Form signed by the client and a monthly report submitted in accordance with Paragraph 3(d) of this Agreement. b. For one-time services, proof of services rendered shall be receipt of the completed product. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 1 ACOO R® ‘Rau./" -CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Secure American Insurance PO Box 350999 Westminster CO 80035 CONTALT NAME: Jennifer Manriqucz PHONE (AICNNo, Exq: (970) 690-1070 I (NC, No): (888) 874-0969 Aiferm 1elandfisher.com ADDDRDRESS: JennL INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Nautilus Insurance Co INSURED Human Interpersonal Services Inc 1803 88th Ave Greeley CO 80634 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK LTR TYPE OF INSURANCE AUULJUUW INSD WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXY (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NN809616 08/29/2017 08/29/2018 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL s ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE - -HIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY - SCHEDULED AUTOS NON -OWNED AUTOS ONLY LOMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PHOPERIY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A E&O Liability NN809616 08/29/2017 08/29/2018 Each Occurrence General Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION County of Weld 1 150 O Street Greeley, CO 8063 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jert..tf r MaA..4444z ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION RE: APPROVE AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - COLORADO THERAPY HORSES BY HUMAN INTERPERSONAL SERVICES, INC., AKA HIS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Child Protection 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 Colorado Therapy Horses by Human Interpersonal Services, Inc., aka HIS, Inc., commencing October 1, 2017, and ending May 31, 2018, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Child Protection 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 Colorado Therapy Horses by Human Interpersonal Services, Inc., aka HIS, Inc., be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of November, A.D., 2017, nunc pro tunc October 1, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: date' ,4,k, Weld County Clerk to the Board BY:C....a C 6 . puty Clerk to the Board APPR9VED AS TO_ County Attorney Date of signature: t o1 / t t/ l 7 cc. (-ISO atte IS u re A. Cozad, Chair e:L/' ( Steve Moreno, Pro- em can P. Conway arbara Kirkmeyer 2017-3926 HR0088 /Dv°/Sg.1- PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: October 6, 2017 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Weld County Department of Human Services' Child Protection Agreement for Services with Colorado Therapy Horses by Human Interpersonal Services, Inc. Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Departments' Child Protection Agreement for Services with Colorado Therapy Horses by Human Interpersonal Services, Inc. Colorado Horse Therapy provides non -riding equine therapy in Greeley. Services under this agreement will be available to Child Welfare clients, age 12 years of age and older. The major provisions of the Agreement are as follows: No. Term Service/Funding Rate 1 October 1, 2017- May 31, 2018 Equine Therapy Core $100.00/Hour (Intake. Maximum of two (2) hours.) $115.00/Hour (Individual Therapy) $150.00/Episode (Family Therapy. Episode = 1.5 hours.) I do not recommend a Work Session. I recommend approval of the Agreement. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern Approve Recommendation Work Session Schedule Other/Comments: 2017-3926 Pass -Around Memorandum; October 6, 2017 — ID 1482 Page 1 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO THERAPY HORSES BY HUMAN INTERPSONAL SERVICES, INC (aka HIS, INC.). 111 This Agreement, made and entered into tlr'Jday of /, 2017, 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 Colorado Therapy Horses by Human Interpersonal Services, Inc.. (aka HIS, Inc.), hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Reuquest for Proposal, Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and incorporated herein by this reference. WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Equine Therapy (non -riding). NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on October 1, 2017, upon proper execution of this Agreement and shall expire May 31, 2018, unless sooner terminated as provided herein. The agreement is for a period of three years. However, the agreement must be renewed by both parties, in writing, on an annual basis. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit B, Contractor's Proposal and Exhibit C, Scope of Services. 3. Referrals, Billing and Tracking a. Contractor understands and will comply with all aspects of the referral authorization, billing and tracking requirements as set forth by the Department. Failure to comply with all aspects may result in a forfeiture of payment. b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e- mail address prior to the start of this Agreement. Contractor acknowledges that services are not authorized until the Contractor has received an authorized referral form from the Department. Contractor further acknowledges that services provided prior to the authorized start date or outside the scope of services on the referral form will not be eligible for reimbursement. Contractor acknowledges that any and all modifications to an existing referral must be approved through the Department's Resource Manager, Child Welfare Contract and Services Coordinator, or through a Team Decision Making (TDM) meeting or Family Team Meeting (FTM). No other Department staff or other party to the case may authorize services or modifications to services. 1 0,1017-5?,1-4. c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month, following the month of service, utilizing billing forms required by the Department. d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month following the month of service for each client receiving ongoing services. One-time services will be verified through receipt of the completed product (ex. psychological evaluation, substance abuse evaluation). Verification of Monitored Sobriety Services will be the test result. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under the Agreement. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately to the caseworker AND on the required monthly report. Monthly reports will be submitted through the Department's online reporting system, unless otherwise directed or agreed to by the Department. 4. Payment a. The Department and the Contractor agree that all benefits from private insurance and/or other funding sources such as Medicaid (if Contractor is a Medicaid eligible provider) or Victim's Compensation must be exhausted before Core Services or other Department funds can be accessed for services. b. Payment shall be made in accordance with Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule, attached hereto and incorporated herein by reference, so long as services are rendered satisfactorily and in accordance with the Agreement. c. Payment pursuant to this Agreement, whether in whole or in part, is subject to, and contingent upon, the continuing availability of said funds for the purposes hereof. d. The Department may withhold reimbursement if Contractor has failed to comply with any part of the Agreement, including the Financial Management requirements, program objectives, contractual terms, or reporting requirements. In the event of forfeiture of reimbursement, Contractor may appeal such circumstance in writing to the Director of Human Services. The decision of the Director of Human Services shall be final. 5. Financial Management At all times from the effective date of the Agreement until completion of the Agreement, Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule: a. If services are funded through Core Services, Contractor agrees to accept reimbursement through ACH direct deposit one time per month. 2 b. If Contractor is not currently set up with the State of Colorado to accept direct deposit, Contractor agrees to complete and submit an ACH Form for Colorado Providers, which will be provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of Colorado per the directions on the form. Failure to complete and submit this form in a timely and accurate manner may result in a delay of payment. c. Contractor agrees to accept payment through county warrant when funding source does not allow for direct deposit. 7. Compliance with Applicable Laws a. At all times during the performance of this Agreement, Contractor will strictly adhere to all applicable Federal and State laws, order, and applicable standards, regulations, interpretations and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws and regulations, including, but not limited to the following: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.; and - all provisions of the Civil Rights Act of 1986 so that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved Agreement. - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and - the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et. seq. and its implementation regulations, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and the Age Discrimination in Employment Act of 1967; and the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. 3 - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Core Services. d. Contractor assures and certifies that it and its principals: - Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a Federal or State department or agency; and - have not, within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under 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; and - 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 this certification; and - have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. e. Public Contracts for Services C.R.S. §8-17.5-101. 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 a new employee to perform work under the contract, affirm that Contract Professional 4 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. f. 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. 8. Compliance with Child and Family Services Review The Child and Family Services Review (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. Contractor agrees to continually strive for positive outcomes in the areas of Safety, Permanency and Well Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under the Child and Family Services Review (CFSR), and will address the aforementioned three areas when completing monthly reports as required by Paragraph 3(d) of this Agreement. 9. Insurance Requirements Contractor and Department agree that Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, it subcontractor, or their employees, volunteers, or agents while performing duties described in this Agreement. Contractor shall indemnify, defend and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provide the liability insurances (including professional liability insurances where necessary) and worker's compensation insurances for all its employees, volunteers, and agents engaged in the performance of this Agreement which are required under Weld County's Request for Proposal, and required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the acceptable evidence that such coverage is in effect within seven (7) days of the date of this Agreement. At a minimum, Contractor shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage. Weld County, State of Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible the insurance provider. 5 a. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non- payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. b. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: i.Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. If Contractor is an Independent Contractor, as defined by the Colorado Worker's Compensation Act, this requirement shall not apply. Contractor must submit to the Department a Declaration of Independent Contractor Status Form prior to the start of this agreement. ii.Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: - $1,000,000 each occurrence; - $2,000,000 general aggregate; - $50,000 any one fire; and - $500,000 errors and omissions. iii.Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv.Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: - If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; Unlimited defense costs in excess of policy limits; - Contractual liability covering the indemnification provisions of this Agreement; - A severability of interests provision; - Waiver of exclusion for lawsuits by one insured against another; - A provision that coverage is primary; and - A provision that coverage is non-contributory with other coverage or self-insurance provided by County. v.For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. c. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. d. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this information to its insurance agent or broker, and shall have its agent or broker provide proof of Contractor/Contract Professional's required insurance. County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. e. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured as follows f. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. B. Subcontractors: All subcontractors, subcontractors, independent contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. 10. Certification Contractor certifies that, at the time of entering into this Agreement, it has currently in effect all necessary licenses, approvals, insurance, etc., required to properly provide the services and/or supplies covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any Agreement. 11. Training Contractor may be required to attend training that the request of the Department specific to services provided under this Agreement. The Department will not compensate the Contractor for said training in the form of registration fees, time spent traveling to and from training, attending the training or any other associated costs unless otherwise agreed to by the Department. 12. Subpoenas Contractor will, on behalf of its employees and/or officers, accept any subpoena for testimony from the Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For this purpose, Contractor will designate an e-mail address prior to the start of this Agreement. If the Contractor receives a subpoena via e-mail but will only accept personal service, the Contractor will contact the Weld County Attorney's Office immediately at 970-352-1551, x6503, and advise that the subpoena must be personally served. 13. Monitoring and Evaluation Contractor and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners, the Department and the Contractor. Contractor shall permit the Department, and any other duly authorized agent or governmental agency, to monitor all activities conducted by the Contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with the work conducted under this Agreement. 14. Modification of Agreement All modifications to this Agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: - Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed. - Deny payment or recover reimbursement for those services or deliverables, which have not been performed and which due to circumstances caused by the Contractor cannot be 8 performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department. - Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between the Department and Contractor, or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s). For Department: For Contractor: Heather Walker, Administrator Richard C. McMahan, President/CEO 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent. For Department: Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 18. Litigation For Contractor: Richard C. McMahan, President/CEO 14272 Weld County Road 72 Greeley, CO 80631 (970) 716-3471 Contractor shall promptly notify the Department in the event that Contractor learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any Federal or State court or administrative agency, shall deliver copies of such document(s) to the Director of Human Services. The term "litigation" includes an assignment for the benefit of creditors, and filings of bankruptcy, reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the individuals identified in paragraph 18. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year, as this Agreement is subject to the availability of funding. Therefore, the Department may terminate this Agreement at any time if the source of funding for the services made available to the Contractor is no longer available to the Department, or for any other reason. Contractor reserves the right to suspend services to clients if funding is no longer available. 20. No Third -Party Beneficiary Enforcement 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 9 undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 21. Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act of §§24-10-101 et. seq., as applicable now or hereafter amended. 22. Partial Invalidity of Agreement If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 23. Improprieties/Conflict of Interest No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. The Appearance of Conflict of Interest applies to the relationship of a Contractor with the Department when the Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor know that the two relationships are in opposition. During the term of the Agreement, Contractor shall not enter into any third -party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, Contractor shall submit to the Department, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause, of its Agreement with the Contractor. Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, loan, grant, or cooperative agreement. 24. Storage, Availability and Retention of Records Contractor agrees that authorized local, Federal, and State auditors and representatives shall, during business hours, have access to inspect and copy records, and shall be allowed to monitor and review through on -site visits, all activities related to this Agreement, supported with funds under this Agreement, to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 10 All such records, documents, communications, and other materials created pursuant or related to this Agreement shall be maintained by the Contractor in a central location and shall be made available to the Department upon its request, for a period of seven (7) years from the date of final payment under this Agreement, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the Federal and/or State government has begun but is not completed at the end of the seven (7) year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 25. Confidentiality of Records Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Agreement except for purposes directly connected with the administration of Child Protection. No information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with the Contractor's written policy governing access to, duplication and dissemination of, all such information, in any form, including social networks. Contractor shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Contractor shall have its employees, agents, and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 26. Proprietary Information Proprietary information for the purposes of this Agreement is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the Department's site by the Contractor in the course of providing services under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and 11 unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 28. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as state in Paragraph 14 herein. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. The Contractor and the Department may not assign any of its rights or obligations hereunder without the prior consent of both parties. 29. Agreement Nonexclusive This Agreement does not guarantee any work nor does it create an exclusive agreement for services. 30. Warranty The Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement including Exhibits A, B, C, and D. 31. Acceptance of Services Not a Waiver Upon completion of the work, the Contractor shall submit to Department originals of all tests and results, reports, etc., generated during completion of this work. Acceptance by Department of reports and incidental material(s) furnished under this Agreement shall not in any way relieve the Contractor of responsibility for the quality and accuracy of the services. In no event shall any action by the Department hereunder constitute or be construed to be a waiver by the Department of any breach of covenant or default which may then exist on the part of the Contractor, and the Department's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to the Department with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the Department of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the Department's rights under this Agreement or under the law generally. 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24-50-507 The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. The Contractor has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree with the performance of the Contractor's services and the Contractor, shall not employ any person having such known interests. During the term of this Agreement, the Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of the Contractor nor any member of the Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to the Contractor. 12 33. Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado. 34. Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 35. Subcontractors Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. 36. Attorneys Fees/Legal Costs In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 37. Ownership All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 38. Interruptions Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 39. Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 13 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: ddrAitik) Cv BOARD OF COUNTY COMMISSIONERS Weld ' •inty Clerk to the Boa d WELD COUNTY, COLORADO By: Deputy 14 Julie Cozad, Chair CONTRACTOR: rse by Human Interpersonal Colorado Therapy Services, Inc. 14272 Wel Gr (970) 7 Date: NO + 2017 oad 72 1 Richard C. McMahan, resident/CEO (7 020/7-09.va EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL REQUEST FOR BIDS AND PROPOSALS WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80634 DATE: April 3, 2017 BID NUMBER: B1700080 DESCRIPTION: Annual Request for Various Services DEPARTMENT: Human Services MANDATORY PRE -BID CONFERENCE DATE: N/A BID OPENING DATE: APRIL 24, 2017 PAGES 1-9 OF THIS DOCUMENT CONTAINS GENERAL INFORMATION. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-9 MAY BE APPLICABLE. THE SCOPE OF WORK AND SPECIFICATIONS UNIQUE TO THIS REQUEST FOR BID FOLLOW PAGE 9. I. NOTICE TO BIDDERS A. The Families, Youth and Children's Commission, on behalf of the Weld County Department of Human Services, by and through the Board of Weld County Commissioners, wishes to purchase the following: VARIOUS ENGLISH AND BILINGUAL (ENGLISH/SPANISH) SERVICES (SERVICE AREAS INCLUDED IN THIS PROPOSAL INCLUDE, BUT ARE NOT LIMITED TO THE BELOW LIST. OTHER SERVICES WILL BE CONSIDERED AND BIDDERS ARE ENCOURAGED TO SUBMIT FOR UNIQUE AND CREATIVE SERVICES.) Program Area Definition Aftercare Services Services other of the permanent child. provided placement to prepare a child and to prevent for reunification future out- with of -home his/her placement family or Anger Management/Domestic Violence Diagnostic family functioning services and/or and plan, therapeutic relationships, to assess services and/or and to improve prevent to assist in familycommunication, further the development domesticviolence. of the Program Area Definition Crisis Stabilization Intervention Services and Services families, *crisis, *A (recent) individual family "crisis" 24 in to that youth resolve hours is nature, and/or further provide and a family, the day, children, which an defined crisis seven immediate, breaks and through in (7) as results days a down situation in- a in normal the the person/in- week. or normal inability coping circumstance, functioning behaviors, home of the response individual usually of orwithout an to acute and/or Day Treatment Comprehensive, and therapy to children highly structured and theirfamilies. services that provide education to children Foster ParentConsultation Services County quality children of provided care and being to foster youth provided. in and their group homes home to families enhance caring and improve for Weld the Foster ParentTraining Core training for new Weld County foster parents. Functional Family Therapy Intensive relational acting out, family dysfunction and -based substance treatment known abuse to be among that determinants addresses youth 10-18 the of conduct pervasive yearsold. disorder, patterns of violent Home -Based Intervention Services services services family. *Crisis counseling. Intervention provided which and *crisis can primarily include intervention is defined therapeutic in the as directed 24/7 home services, phone of to the client meet access concrete the that needs and in include services, -home of the a variety collateral child and of Kinship (Therapeutic) Services Kinship specific to to maintained of -home a a child child services to placement placed placed a child in the in in in the placed lowest a a is areas kinship kinship necessary. in level a of kinship home, home. (1) of care consultation and Children home, (3) and least (2) critical placed and corrective restrictive care kinship in kinship consultation consultation setting parent care support are when specific specific out - Life Skills Visitation home resources, that (both teach parenting in -home household techniques and in -office) management, and and family services effective conflict provided accessto management. primarily community in the Mediation/Intensive Therapy Family familycommunication, Therapeutic intervention functioning typically with and all relationships. family members to improve Program Area Definition Mental Health Services Diagnostic family functioning services and/or and plan, relationships. therapeutic to assess services and/or improve to assist in family the development communication, of Multi-systemicTherapy Intensive positive relations) adolescents changes family- that who and in contribute are the community at various risk to for the -based social serious out -of systems -home treatment placement. (home, behaviors program school, designed community, of children 'I ren to make n and peer Relinquishment Counseling Relinquishment children. counseling for parents considering relinquishment of their Substance Services Abuse Treatment Diagnostic Family functioning alcohol. Service and/or and Plan relationships, therapeutic (FSP), to services assess and and/or to prevent to assist improve further in the development family abuse communication, of drugs of or the Other Creative youth prevention and and families or unique traditional services interacting case. designed with the to Child meet Welfare the needs system of children, through a B. Bids for the stated services will be received by the Weld County Department of Human Services, Resource Unit, Attn: Tobi Vegter, through: MONDAY, APRIL 24, 2017, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCK). Acceptable bid delivery methods are as follows: Email. Emailed bids are preferred. Bids should be emailed to: vegterta@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Mail. Mailed bids should be sent in a sealed envelope with the bid title and bid number on it. Bids must include the following statement on the email: "Ihereby waive my right to a sealed bid". Mailed bids should be addressed to: Weld County Department of Human Services, Attn: Tobi Vegter, Division of Child Welfare, Financial Unit, P.O. Box A, Greeley, CO 80632. Please call or email Tobi Vegter at 970-400-6392 or vegterta@weldgov.com if you have any questions. Hand Delivery. Hand -delivered bids should be submitted in a sealed envelopewith the bid title and bid number on it. Bids must include the following statement on the email: "I hereby waive my right to a sealed bid". Hand - delivered bids can be dropped off at: Weld County Department of Human Services, Attn: Tobi Vegter, Financial Unit, 822 7th Street, Suite 150, Greeley, CO 80631. Please call or email Tobi Vegter at 970-400-6392 or vegterta@weldgov.com if you have any questions. II. INVITATION TO BID A. The Families, Youth and Children's Commission, on behalf of the Weld County Department of Human Services, by and through the board of Weld County Commissioners requests bids for the purchase of Various Services (as described above). B. Bids shall include any and all charges for service(s) applied for by the bidder, and shall, in every way, be the total net price which the bidder will expect the Board of County Commissioners of Weld County to pay if awarded the bid. C. Emailed Bids Are Preferred. Emailed (fully typed) bids are preferred. However, if the bidder is unable to submit an emailed bid, the bidder must comply with the requirements set forth in Paragraph I, B. An emailed bid must contain the following statement: "I hereby waive my right to a sealed bid." D. Unless the Bid is emailed, one original and one copy of the Bid must be submitted. One complete bid document, which will be the only official copy of the bid, shall be filed at the Weld County Department of Human Services, Resource Unit. After certification of the bid, the other copy will be routed for applicable review. An e-mail confirmation will be sent when we receive your bid/proposal. III.INSTRUCTIONS TO BIDDERS A. Bids shall be typewritten. Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the partners of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in this matter. Bids submitted by limited liability companies must furnish the full names of all members and managers and must be signed by a manager or by an authorized representative, followed by the signature and title of the person signing. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent, ' or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. B. Bids may be withdrawn upon written request to the Weld County Department of Human Services received from bidders prior to the submission deadline. Negligence on the part of bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidder's risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Department of Human Services, Service Utilization Unit, on or prior to the time indicated in Section I., entitled "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, the Board of County Commissioners of Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that the Board of County Commissioners of Weld County will give preference to suppliers from the State of Colorado, in accordance with Section 30-11-110, CRS, when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County. I. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. J. Substitutions or modifications to any of the terms, conditions, or specifications of this bid package which are made by Weld County, Colorado, after the bids have been distributed to prospective bidders, and prior to the date and time of bid opening, will be made in writing and signed by the Families, Youth and Children's Commission. No employee of Weld County, Colorado, is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of Families, Youth and Children's Commission. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. K. The successful bidder shall indemnify and hold harmless Weld County, Colorado, against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. L. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any . illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age orolder is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of a Contract. M.AIl goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Families, Youth and Children Commission, the Weld County Department of Human Services, or the Board of Weld County Commissioners, for the premature opening of a bid not properly addressed and identified. 5 O. In submitting the bid, the bidder agrees that the acceptance of any and all bids by the Board of County Commissioners of Weld County within a reasonable time or period does not constitute a contract. The Board of County Commissioners of Weld County, Colorado, reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid, or part of a bid, that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. P. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. Q. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of the Weld County Department of Human Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. IV.GENERAL SPECIFICATIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Governmental Immunity: No term or condition of the contract shall be construed or interpreted asa waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq., as applicable now or hereafter amended. C. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. D. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. E. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by 6 reference which conflicts with said laws, rules and/or regulations shall be null and void. F. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. V. Insurance Requirements i. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant tothis request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. ii. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: (a). Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. If Contractor is an Independent Contractor, as defined by the Colorado Worker's Compensation Act, this requirement shall not apply. Contractor must submit to the Department a Declaration of Independent Contractor Status Form prior to the start of this agreement. (b). Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 7 • $1,000,000 each occurrence; • $2,000,000 general aggregate; • $50,000 any one fire; and • $500,000 errors and omissions. (c). Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. (d). Additional Provisions: • Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: • If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; • Unlimited defense costs in excess of policy limits; • Contractual liability covering the indemnification provisions of this Agreement; • A severability of interests provision; • Waiver of exclusion for lawsuits by one insured against another; • A provision that coverage is primary; and • A provision that coverage is non-contributory with other coverage or self- insurance provided by County. (e). For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. iii. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Bid. iv. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this information to its insurance agent or broker, and shall have its agent or broker provide proof of Contractor/Contract Professional's required insurance to the County. County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. v. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. vi. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. vii. Subcontractors: All subcontractors, subcontractors, independent contractors, sub- vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. 8 Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. VI.Warranty. The successful bidder shall warrant that: A. The services to be supplied pursuant to this bid are fit and sufficient for the purpose intended; B. The services sold to Weld County, Colorado pursuant to this bid conform to the minimum Weld County specifications as established herein. VI. CONFIDENTIAL INFORMATION Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. 9 SCOPE OF SERVICES PURPOSE: The Weld County Department of Human Services (WCDHS) is seeking qualified English- speaking and bilingual (English/Spanish) providers in various service areas under various funding sources. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Kinship Services (Therapeutic), Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intervention including 24/7 Crisis Intervention, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. SERVICE AREAS ARE NOTED BEGINNING ON PAGE 1 OFTHIS REQUEST FOR BID, BUT ARE NOT LIMITED TO THOSE LISTED. OTHER SERVICES WILL BE CONSIDERED AND BIDDERS ARE ENCOURAGED TO SUBMIT FOR UNIQUE AND CREATIVESERVICES. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) Complete a Provider Information Form (PIF). 2) If submitting to provide bilingual services, a bidder must demonstrate language proficiency at Full Professional Proficiency or higher, as defined by the U.S. Department of State, and as noted below. • Full Professional Proficiency: Able to use and read the language fluently and accurately on all levels pertinent to professional needs • Native or Bilingual Proficiency: Equivalent to that of an educated native speaker (both speaking and reading). 3) A bidder must agree to language proficiency testing that may include assessment of reading, writing and comprehension of Spanish, as well as a face-to-face conversation with a known native or proficient Spanish speaker selected by Weld County. 4) A bidder must submit a one page or less cover letter that introduces the bidder, the bidder's location(s) of practice and target area, his or her experience and qualifications, and staff, if applicable. A bidder must include current contact information including physical address, mailing address, phone number, email address and website, if applicable. 5) A bidder must submit sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. The scope of service should include at a minimum the following information for each service proposed: • Detailed description of service components, modalities used, appropriate use of service, etc. • Target population including age range, specific population characteristics, area of service, etc. • Whether or not the service is billable to Medicaid and if bidder is currently able to bill Medicaid. Bidders are strongly encouraged to become Medicaid certified. Medicaid -billable services are preferred. • Clear rate schedule inclusive of all costs bidder wishes to charge for the provision of the service. 6) A bidder should avoid elaborate artwork, graphics, binding, presentation or other artifice that does not directly address the requirements set forth in this Request for Bid. 7) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 8) A bidder must provide a current resume, as well as proof of licensure, for self, staff members and contractors of the bidder. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 9) A bidder should clearly outline the supervisory structure of staff members and/or contractors of the bidder. This should include the ratio of supervisor to staff and/or contractors, frequency and duration of supervision, credentials of supervisor and length of time as a supervisor. 10) A bidder should clearly outline the bidder's internal referral acceptance and assignment protocol, including communication to the referring agency. 11) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 12) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 13) A bidder must agree to track outcome data related to services proposed if awarded a contract and report outcomes upon request. 14) A bidder must agree to enter into an agreement, attached as Exhibit A, with the Weld County Department of Human Services and comply with all requirements of the agreement. Contract Period and Pricing: 1) The initial contract period is to be determined and shall continue as allowable by the funding source, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit annually. 2) The initial contract will be funded through Core Services Program or other funding, so long as funding is made available. 3) The selected vendor will bill the Weld County Department of Human Services monthly according to billing requirements set forth by the Weld County Department of Human Services. Submittal Requirements for All Proposals: A bidder must submit according to requirements set forth in this Request for Bid - Qualifications. All proposals must contain the following specific information: 1) Provider Information Form (PIF). 2) Identification of language(s) and proficiency level, if applying to provide bilingual (English/Spanish) services. 3) One page or less cover letter that introduces the bidder, the bidder's location(s) of practice, his or her experience and qualifications, and staff, if applicable. 4) A bidder must submit sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets"minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. The scope of service should include at a minimum the following information for each service proposed: • Detailed description of service components, modalities used, appropriate use of service, etc. • Target population including age range, specific population characteristics, area of service, etc. • Whether or not the service is billable to Medicaid and if bidder is currently able to bill Medicaid. Bidders are strongly encouraged to become Medicaid certified. Medicaid -billable services are preferred. • Clear rate schedule inclusive of all costs bidder wishes to charge for the provision of the service. 5) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice that does not directly address the requirements set forth in this Request for Bid. 6) Current resume, proof of licensure and copies of applicable training certificates for all staff members who will manage and/or administer services under this proposal. 7) Supervisory structure of staff members and/or contractors of the bidder. This should include the ratio of supervisor to staff and/or contractors, frequency and duration of supervision, credentials of supervisor and length of time as a supervisor. 8) Internal referral acceptance and assignment protocol, including communication to the referring agency. 9) All proposals must demonstrate the bidder has the ability to deliver the services as proposed, and comply with the specific requirements set forth by the Weld County Department of Human Services. 10) All proposals must include a clear and concise rate schedule that accurately correlates to the proposed services and is inclusive of all possible charges related to the proposed service(s). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 11) Each bidder must submit a Standard Certificate of Insurance, or letter of intent from an insurance company authorized to do business in the State of Colorado stating its willingness to insure the bidder pursuant to the terms of this Request for Bid. Evaluation of Proposals: All proposals that meet the basic proposal, service and qualification requirements will be reviewed by the Families, Youth and Children (FYC) Commission. Criteria for review, include but are not limited to the following: • Qualifications, appropriate licensure, and experience. • Cost structure. • Relationships and collaboration. • Organizational experience and past performance. The FYC Commission will make recommendations to the Board of Weld County Commissioners by and through the Weld County Department of Human Services. The Weld County Department of Human Services will make its award of contract to the successful bidders upon final approval of the Board of Weld County Commissioners. EXHIBIT A SAMPLE AGREEMENT CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND This Agreement, made and entered into the _ day of , 2015, 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 «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Reuquest for Proposal, Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and incorporated herein by this reference. WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided funding to the Department for NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on , upon proper execution of this Agreement and shall expire , unless sooner terminated as provided herein. The agreement is for a period of three years. However, the agreement must be renewed by both parties, in writing, on an annual basis. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit B, Contractor's Proposal and Exhibit C, Scope of Services. 3. Referrals, Billing and Tracking a. Contractor understands and will comply with all aspects of the referral authorization, billing and tracking requirements as set forth by the Department. Failure to comply with all aspects may result in a forfeiture of payment. b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e- mail address prior to the start of this Agreement. Contractor acknowledges that services are not authorized until the Contractor has received an authorized referral form from the Department. Contractor further acknowledges that services provided prior to the authorized start date or outside the scope of services on the referral form will not be eligible for reimbursement. Contractor acknowledges that any and all modifications to an existing referral must be approved through the Department's Resource Manager, Child Welfare Contract and Services Coordinator, or through a Team Decision Making (TDM) meeting or Family Team Meeting (FTM). No other Department staff or other party to the case may authorize services or modifications to services. c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month, following the month of service, utilizing billing forms required by the Department. 1 d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month following the month of service for each client receiving ongoing services. One-time services will be verified through receipt of the completed product (ex. psychological evaluation, substance abuse evaluation). Verification of Monitored Sobriety Services will be the test result. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under the Agreement. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately to the caseworker AND on the required monthly report. Monthly reports will be submitted through the Department's online reporting system, unless otherwise directed or agreed to by the Department. 4. Payment a. The Department and the Contractor agree that all benefits from private insurance and/or other funding sources such as Medicaid (if Contractor is a Medicaid eligible provider) or Victim's Compensation must be exhausted before Core Services or other Department funds can be accessed for services. b. Payment shall be made in accordance with Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule, attached hereto and incorporated herein by reference, so long as services are rendered satisfactorily and in accordance with the Agreement. c. Payment pursuant to this Agreement, whether in whole or in part, is subject to, and contingent upon, the continuing availability of said funds for the purposes hereof. d. The Department may withhold reimbursement if Contractor has failed to comply with any part of the Agreement, including the Financial Management requirements, program objectives, contractual terms, or reporting requirements. In the event of forfeiture of reimbursement, Contractor may appeal such circumstance in writing to the Director of Human Services. The decision of the Director of Human Services shall be final. 5. Financial Management At all times from the effective date of the Agreement until completion of the Agreement, Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services , and Exhibit 0, Payment Schedule: a. If services are funded through Core Services, Contractor agrees to accept reimbursement through ACH direct deposit one time per month. b. If Contractor is not currently set up with the State of Colorado to accept direct deposit, Contractor agrees to complete and submit an ACH Form for Colorado Providers, which will be provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of 2 Colorado per the directions on the form. Failure to complete and submit this form in a timely and accurate manner may result in a delay of payment. c. Contractor agrees to accept payment through county warrant when funding source does not allow for direct deposit. 7. Compliance with Applicable Laws a. At all times during the performance of this Agreement, Contractor will strictly adhere to all applicable Federal and State laws, order, and applicable standards, regulations, interpretations and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws and regulations, including, but not limited to the following: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.; and - all provisions of the Civil Rights Act of 1986 so that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved Agreement. - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and - the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et. seq. and its implementation regulations, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967; and - the Equal Pay Act of 1963; and the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. 3 b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Core Services. d. Contractor assures and certifies that it and its principals: - Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a Federal or State department or agency; and - have not, within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under 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; and - 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 this certification; and - have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. e. Public Contracts for Services C.R.S. §8-17.5-101. 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 a new employee to perform work under the 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, 4 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. f. 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. 8. Compliance with Child and Family Services Review The Child and Family Services Review (CFSR) examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance services to families. Contractor agrees to continually strive for positive outcomes in the areas of Safety, Permanency and Well Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under the Child and Family Services Review (CFSR), and will address the aforementioned three areas when completing monthly reports as required by Paragraph 3(d) of this Agreement. 9. Insurance Requirements Contractor and Department agree that Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, it subcontractor, or their employees, volunteers, or agents while performing duties described in this Agreement. Contractor shall indemnify, defend and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provide the liability insurances (including professional liability insurances where necessary) and worker's compensation insurances for all its employees, volunteers, and agents engaged in the performance of this Agreement which are required under Weld County's Request for Proposal, and required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the acceptable evidence that such coverage is in effect within seven (7) days of the date of this Agreement. At a minimum, Contractor shall procure, either personally or through its employer as applicable to the Contractor's business, at its own expense, and maintain for the duration of the work, the following insurance coverage. Weld County, State of Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, shall be named as additional named insured on the insurance, where permissible the insurance provider. a. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of 5 the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non- payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. b. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. If Contractor is an Independent Contractor, as defined by the Colorado Worker's Compensation Act, this requirement shall not apply. Contractor must submit to the Department a Declaration of Independent Contractor Status Form prior to the start of this agreement. ii. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: - $1,000,000 each occurrence; - $2,000,000 general aggregate; - $50,000 any one fire; and - $500,000 errors and omissions. iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; Unlimited defense costs in excess of policy limits; Contractual liability covering the indemnification provisions of this Agreement; A severability of interests provision; Waiver of exclusion for lawsuits by one insured against another; A provision that coverage is primary; and A provision that coverage is non-contributory with other coverage or self-insurance provided by County. v. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. c. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. d. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this information to its insurance agent or broker, and shall have its agent or broker provide proof of Contractor/Contract Professional's required insurance. County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. e. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured as follows f. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. B. Subcontractors: All subcontractors, subcontractors, independent contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. 10. Certification Contractor certifies that, at the time of entering into this Agreement, it has currently in effect all necessary licenses, approvals, insurance, etc., required to properly provide the services and/or supplies covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any Agreement. 11. Training 7 Contractor may be required to attend training that the request of the Department specific to services provided under this Agreement. The Department will not compensate the Contractor for said training in the form of registration fees, time spent traveling to and from training, attending the training or any other associated costs unless otherwise agreed to by the Department. 12. Subpoenas Contractor will, on behalf of its employees and/or officers, accept any subpoena for testimony from the Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For this purpose, Contractor will designate an e-mail address prior to the start of this Agreement. If the Contractor receives a subpoena via e-mail but will only accept personal service, the Contractor will contact the Weld County Attorney's Office immediately at 970-352-1551, x6503, and advise that the subpoena must be personally served. 13. Monitoring and Evaluation Contractor and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners, the Department and the Contractor. Contractor shall permit the Department, and any other duly authorized agent or governmental agency, to monitor all activities conducted by the Contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with the work conducted under this Agreement. 14. Modification of Agreement All modifications to this Agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: - Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed. - Deny payment or recover reimbursement for those services or deliverables, which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department. - Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between the Department and Contractor, or by the Department as a debt due to the Department or otherwise as provided by law. 8 16. Representatives For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s). For Department: For Contractor: Heather Walker, Administrator CONTRACTOR, TITLE 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent. For Department: Judy A. Griego, Director P.O. Box A Greeley, CO 80632 (970) 352-1551 18. Litigation For Contractor: Contractor shall promptly notify the Department in the event that Contractor learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any Federal or State court or administrative agency, shall deliver copies of such document(s) to the Director of Human Services. The term "litigation" includes an assignment for the benefit of creditors, and filings of bankruptcy, reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the individuals identified in paragraph 18. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year, as this Agreement is subject to the availability of funding. Therefore, the Department may terminate this Agreement at any time if the source of funding for the services made available to the Contractor is no longer available to the Department, or for any other reason. Contractor reserves the right to suspend services to clients if funding is no longer available. 20. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 21. Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of 9 any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act of §§24-10-101 et. seq., as applicable now or hereafter amended. 22. Partial Invalidity of Agreement If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 23. Improprieties/Conflict of Interest No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. The Appearance of Conflict of Interest applies to the relationship of a Contractor with the Department when the Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor know that the two relationships are in opposition. During the term of the Agreement, Contractor shall not enter into any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, Contractor shall submit to the Department, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination, for cause, of its Agreement with the Contractor. Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, loan, grant, or cooperative agreement. 24. Storage, Availability and Retention of Records Contractor agrees that authorized local, Federal, and State auditors and representatives shall, during business hours, have access to inspect and copy records, and shall be allowed to monitor and review through on -site visits, all activities related to this Agreement, supported with funds under this Agreement, to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. All such records, documents, communications, and other materials created pursuant or related to this Agreement shall be maintained by the Contractor in a central location and shall be made available to the Department upon its request, for a period of seven (7) years from the date of final payment under this Agreement, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the Federal and/or State government has begun but is not completed at the end of the seven (7) year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 10 25. Confidentiality of Records Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Agreement except for purposes directly connected with the administration of Child Protection. No information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with the Contractor's written policy governing access to, duplication and dissemination of, all such information, in any form, including social networks. Contractor shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Contractor shall have its employees, agents, and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 26. Proprietary Information Proprietary information for the purposes of this Agreement is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the Department's site by the Contractor in the course of providing services under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit provide proof thereof when requested to do so by County. 28. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as state in 11 Paragraph 14 herein. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. The Contractor and the Department may not assign any of its rights or obligations hereunder without the prior consent of both parties. 29. Agreement Nonexclusive This Agreement does not guarantee any work nor does it create an exclusive agreement for services. 30. Warranty The Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement including Exhibits A, B, C, and D. 31. Acceptance of Services Not a Waiver Upon completion of the work, the Contractor shall submit to Department originals of all tests and results, reports, etc., generated during completion of this work. Acceptance by Department of reports and incidental material(s) furnished under this Agreement shall not in any way relieve the Contractor of responsibility for the quality and accuracy of the services. In no event shall any action by the Department hereunder constitute or be construed to be a waiver by the Department of any breach of covenant or default which may then exist on the part of the Contractor, and the Department's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to the Department with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the Department of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the Department's rights under this Agreement or under the law generally. 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24-50-507 The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. The Contractor has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree with the performance of the Contractor's services and the Contractor, shall not employ any person having such known interests. During the term of this Agreement, the Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of the Contractor nor any member of the Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to the Contractor. 33. Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado. 12 34. Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 35. Subcontractors Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. 36. Attorneys Fees/Legal Costs In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 37. Ownership All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 38. Interruptions Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 39. Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 13 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board , Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM: Director of General Services County Attorney CONTRACTOR Contractor, Title 14 EXHIBIT B CONTRACTOR'S PROPOSAL Colorado Therapy Horses by HUMAN INTERPERSONAL SERVICES , Inc. Proposal for Equine Therapy To Weld County Department of Human Services In the spirit of our mission to provide a unique service for at -risk youth, adults, veterans, and families that integrate "Natural Humanship" principals while innovatively allowing the human spirit to be renewed by the horse. Program Human Interpersonal Services Story, Purpose, and Plan Colorado Therapy Horses by Human Interpersonal Services is a non -riding horse therapy program, located in Greeley Colorado, which offers services found nowhere else. These programs roots trace back to 1999, as a confused and angry teenager Sarah meets Richard McMahan at Managed Adolescent Care in Fort Collins. Sex, drugs, rock -n -roll, and out of control behaviors were on the daily agenda as she aggressively tried to find her personal power. Richard began to see Sarah regularly and slowly gained her trust. There in the sterile office environment, she revealed that growing up she loved horses and starting riding in 4H, Gymkhana, and Little Britches Rodeo and could do Pole Bending and Barrel Racing. Something had gone terribly wrong, but where? Sarah's downward spiral and loss of her personal power started when she was sexually assaulted at home. Richard needed a way to empower and help her regain what she had lost. Richard and his wife Judy owned a couple of horses, so off to the pasture went, Richard and Sarah. Little would anyone realize that at that moment Colorado Therapy Horses was born! Human Interpersonal Services is a nonprofit 501 c3 corporation formed in 2012 by Richard McMahan, MA, a CAC III Substance Abuse Counselor, Vocational Evaluator/Counselor and Equine Assisted Psychotherapist. Human Interpersonal Services was created to serve in the Equine Assisted Psychotherapy service that is an emerging form of therapeutic intervention, in which horses are used as tools for clients to gain self -understanding and emotional growth. Equine assisted psychotherapy is a type of animal -assisted therapy, a field of mental health that recognizes the bond between animals and humans, and the potential for emotional healing that can occur when a relationship is formed between the two species. During the process of working with the horse, the therapist and client engage in talk therapy, processing feelings, behaviors, and patterns. The goal is to build skills such as personal responsibility, assertiveness, non-verbal communication, self-confidence, and self-control. In 2014-15, Human Interpersonal Services goal was to enhance the program by providing some comfort for participants. This involved providing a tent for shelter from the elements and a portable toilet donated for Natural Humanship training. In 2014, 925 people visited and benefited from Human Interpersonal Services programs; dramatically increasing in 2015 with 3,250 people visiting the ranch. The upward trend continued with more than 6,889 participants in 2016. Children (<13) and at -risk youth (13-17) represented 3,307 of these participants. The sheer volume demonstrates a great need for these services and the acceptability and willingness of the young client to participate in this program. As Human Interpersonal Services continues to seek alternative and creative funding to support programs and services to meet the growing needs of the community, partnerships continue to develop for 2016-17. The first goal for 2016 was to purchase a permanent home for a new facility that will allow for growth to support new housing for the horses and a new indoor arena for year around therapy programs. December 23, 2016 marked the purchase of 50 acres. This new facility is located just North of Greeley at 14272 WCR 72. The current plan for 2017-18 is to build loafing sheds and fences for the horses, and create a temporary office. The next phase will include building the indoor arena and new offices for therapy services. Plans include increasing mental health service programs through the development of a Discovery Ranch that will allow for larger groups, extended stay housing for military families, and treatment for veterans. Additionally, because Richard McMahan, MA is a past Certified Rehabilitation Counselor and Vocational Evaluator, he can coordinate with rehabilitation professionals at the Weld County level and school districts to design a meaningful opportunity. Furthermore, the 50 -acre ranch will have a series of "cottage industries" that will offer job training, job experience and meaningful employment opportunities for those in Weld County Treatment Courts, Veterans in -need and, the special education students that are in the gap and don't fit traditional places like Envision. Examples we are considering; kitchen help in our dining hall, hydroponics crop growing, welding shop, woodworking shop, mechanics shop, logging & milling business, and manufacturing of items that can be sold over the internet to promote Colorado Therapy Horses and more as the vision takes us. Goals for 2016-17 include strategically increasing partnerships to address program services and, funding. One major partnership is with Covenant Testing Technologies, LLC. In which we are in the final stages of organizing a "Military Oilwell Watcher Team," which will bring a new way for companies to donate to a non-profit. Our plan is to hire mostly Veterans to provide a "guard duty" service for the oil industry while reducing the production cost and allowing the production company to donate the difference to the Colorado Therapy Horses. The main feature is that the oil companies' giving is tied directly into production, which will be a first of the kind in both the oil industry and among non- profits. Human Interpersonal Services has currently agreed on a deal with PDC Energy and Bill Barrett Company to begin "watching" several of their new production wells as of January 1, 2017, and are in the process of acquiring many other oil and gas companies into the program. These goals are important in supporting the therapeutic goals for Human Interpersonal Services as we endeavor to meet the growing mental health needs of the Weld County Community. Bringing Equine Assisted Psychotherapy to Weld County will provide a unique niche as it will allow the client to open up easier and use all sensory input to activate a different mindset. Equine therapy addresses multiple concerns as participants engage with the horse, and is especially advantageous for clients that struggle with "talk" therapy or the sterile office environment. Generally, Equine therapy takes less time than traditional "talk" therapy as the client is more at ease and able to work through issues at a quicker pace. Scope of Services Target population as it relates to Child Welfare: The target population for CMHTA includes at - risk children, adolescents, youth, parents, and families. Physical location: New location is 14272 WCR 72, Greeley CO. 80631 Hours of Service: o Volunteer and walk-in community service (feeding times)- 7:30 am to 10:00 am & 3:30 pm to 5:30 pm. o Individual, couple, family, groups and special groups (schools, ect.) by appointment- 10:00 am — 3:30 pm & 5:30 pm. (negotiable) o Extended summer kid programs as scheduled. *Individual, family, group and assessment time will be scheduled by the assigned therapist. Staff /Volunteer resources: Richard McMahan, MA, NHTIII, CAC III, Equine Assisted Psychotherapist (also trained in Vocational Rehabilitation Counselor (CRC) and Vocational Evaluator (CVE). Patricia Ferguson, LPC Ela Archinger, LCSW Krizima Sill, Operations Specialist Joni Martin, LPC, volunteer therapist Judy Riba-McMahan, BA, Ranch Manager Jenny Leachman, Equine Specialist Program Goals: Ultimately, the goal of Colorado Therapy Horse program is to increase the human's self- satisfaction, self-control, and self-confidence through enhancing personal power. This empowerment decreases the humans need to seek external means for achieving personal power. When the symptoms of PTSD, depression, anxiety, substance abuse, and other ism's are present, they are indicators of less and less personal power, which causes fear in the human to need to "Control" something. There are only two things that humans can ultimately control and that is what we put in our minds, such as our spiritual values and what we "do" and "put in our" bodies. Human Interpersonal services therapy program focuses on personal fears that lead to a need for control, resulting in out of control behaviors. As clients address fears and learn to "normalize" and manage these feelings, they learn to change thinking, which changes behaviors. Anticipated Outcomes: This therapeutic approach finds roots in Cognitive Behavior Therapy (CBT) as a means of connecting feelings, thoughts, and behaviors to implement change. Furthermore, clients learn to recognize and accept two seemingly opposite ideas as truth, while learning to determine the heathier choice (Dialectical Behavior Therapy-DBT). For example, clients learn to recognize that while they can feel fear and it may seem overwhelming, it is also true that this feeling is "normal" and not something they need to base their behaviors on. This approach on substantiated therapy and techniques allows Human Interpersonal Services to expect a high probability of success in this equine therapy program. Measurable Outcomes: I . Enhanced personal power as evidenced by positive behaviors, decisions, and relationships with others. 2. Increased use of healthy coping strategies evidenced by decrease behavior escalations. 3. Increased self-awareness as evidenced by the ability to recognize needs and find healthy solutions. 4. The increase in ability to manage or eliminate mental health concerns such as anxiety, panic attacks, depression, and somatic symptoms as evidenced by a decrease in reported symptoms. 5. Possible decrease in need for psychotropic medications as mental health concerns decrease or recede as evidenced by decrease or elimination of symptoms. Behavioral and Mental Health issues addressed: • Post -Traumatic Stress Disorder • Grief • Attention Deficit (ADHD) • Substance Abuse & Chemical Dependency • Anger Management • Relationship issues • Behavioral problems • Depression & Anxiety • Eating disorders • Abuse & Neglect • Lesbian, Gay, Transgender • Attachment issues • Parenting Human Interpersonal Services Approach: This approach follows a ten session weekly program for groups and applies more flexibility to meet the therapeutic needs of individuals and families. The initial session occurs in the office to complete assessment and determine client needs and establish goals. The following sessions start with a teaching/discussion, move to time with the herd, and end with a reflection time to explore session experience. This model is then adapted to specific client populations driven by their unique clinical needs and challenges and does not need to do or complete all of the sessions to be effective for each participant. It is customized for the individual needs of the client. The Colorado Therapy Horses is a `herd' of horses and humans that 'Heal the Hearts' of hurting humans like Wounded Warriors, Veterans, and their families, PTSD, Victims of various kinds of trauma, broken child and family relationships and others, such as those with alcohol and drug additions. Program Descriptions: o Individual- This service is provided to meet needs for participants needing more individual attention or to focus more on in-depth issues a client may struggle to discuss in groups. This program follows the same basic outline for sessions but is tailored to the individual's specific goals. o Groups- Special groups: This group is designed around a more formal structure and may focus on specific needs common in participants, or based on goal expectations. Examples include groups for participants with PTSD, or those needing to increase positive relationship skills, etc. Groups can be tailored to meet the needs of multiple participants and goal expectations. o School groups- A non-specific group designed to provide the equine experience to various school populations. This group usually incorporates short check -in and safety session, horse experience, and short processing time. This time can be designed and flexible based on school group needs. o Families- Focus is on the systems approach to improving relationships and communication in the family. This is tailored to meet the specific needs of the family. o Summer Kid Programs- This is an accelerated approach to addressing participant needs. Focus is on addressing specific needs while working in a group setting. This approach is designed to meet the requirements of treatment while providing a safe and supportive environment for change. This program is an extension of the regular therapy session process with additional time for equine activities and peer support. Healthy lunches and snacks are provided. (Future Program) o Diversion Programs- This program works with local courts and cities (currently Milliken, Greeley) to provide services for Diversion programs allowing participants to engage in the equine horse experience as a means of creating change. This program follows the group model and meets weekly or bi-weekly based on needs. o Vocational Rehabilitation Program- This program will utilize the daily need to care for the horses and maintain the facility. It can be a type of On the Job Training (OJT) and used to give clients experience and allow staff to monitor emotional, social, work ethics, and experience. We have done this already with adult special education students from Millikan/Johnstown School District and have discussed the opportunity with Greeley School District. o Volunteers- Volunteerism is the means Human Interpersonal Services meets the daily needs of the animals and facilities. Participants arrive during volunteer times and engage in feeding and maintenance chores as a means of experiencing giving back to others (horses), or to fulfill court obligations. Often time therapists are on hand to provide support for those in -need. o Consultations- Richard McMahan, Natural Humanship III (NHTIII), CACIII expert provides psycho -educational consult on Natural Humanship Training Theory and Training, as needed, for services offered. Judy Riba-McMahan, Equine Expert III, provides expert equine information specific to the herd of therapy horses, as well as generalized to the species. o Permanency Service Support Program- Program designed to support other programs offering youth and family coaches the opportunity to bring clients out to experience the benefits of the horse herd. o Parenting Education and Support Program- This program is designed to help parents build healthy parenting skills and gain confidence and empowerment as a parent through relationships with the horse. Parents also learn how to receive and give support for other participants. o Counselor Support Program- This program helps counselors and caseworkers manage self -care and decrease vicarious trauma leading to burnout. Assessments: Participants may receive pre and post -assessments to measure the effectiveness of services. These assessments may include any of the following: (list is not inclusive) o Patient Health Questionnaire (PHQ-9) o Daily Living Assessment (DLA-20) o Generalized Anxiety Disorder (GAD -7) o BECK *Future assessment will include the use of a Cortisol swab to determine the level of anxiety or depression. This will be a part of a future research program. Documentation: The upcoming plan is to use an Instant Collaboration Documentation with I -Pads, and a portal and kiosk for participant pre -registration process. *We will look into possible electronic records system for future. Rate/Unit Schedule: Fees for Service: o Individual $115 per 1.0 hour o Couple $140 for 1.5 hours o Family $150 for 1.5 hours o Groups — Adults Groups (10-15 participants) $90 per person for 1.5 hour Children: Groups (6-10 participants) $75 per person for 1.0 hour o Intake fee $100 per hour, with additional $25 per every 15 minutes over one hour. o Case Management (meeting/staffing, phone calls, or in person) fee $100 per hour, ($25 per first 15 minutes, additional $25 for 16-30 minutes, additional $25 for 31-45 minutes, additional $25 for 46-60 minutes, and additional $25 for each 15 minutes over 60 minutes). o Court Testimony $145 per hour with minimum $500 for half day and $1000 for full day. o Kid's summer program (group- 3 hours, 2 days' week for 4 weeks), pay based on children group rate: Per participant- ($75 per hour= $225 per day=$450 wk.=$1800 per 4 wk. session) Savings of $600 over same number of individual sessions. o School (etc.) groups- $200 (1 hour) (+ any applicable consult fee) o Business/professional groups- cost determined based on number of hours and people. Consultations fees apply. o Consultations- billed based on 15 -minute increments at the rate of $200 per hour for Natural Humanship III, and $130 per hour for Equine Expert III. o Permanency Service Support- $50 per day, per individual or family Individual Drug and Alcohol Therapy by Richard McMahan is done at regular Individual Rate. Insurance: Colorado Revised Statutes Annotated. Title 13. Courts and Court Procedure. Damages. Article 21. Damages. Part 1. General Provisions: Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. https://www.animallaw. info/statute/co-equine-activity-liability-statute-article-21-damages Human Interpersonal Services will have liability insurance to cover mental health providers as of 9/1/17. It has been an honor and privilege for the Colorado Therapy Horses to be asked to present a proposal to Weld County Colorado Department of Human Services (DHS). The above proposal is a living, working document and is intended to begin the negotiation phase. Please let us know when it would be appropriate for a face to face meeting to discuss this equine therapy project. Sincerely, Richard C. McMahan, MA, NHTIII, CACIII President/Founder THE e4 i i' Colorado Therapy Horses & Wounded Human Project , dba of HUMAN INTERPERSONAL SERVICES , Inc., a501(c)3 non-profit Charitable Foundation richard@coloradotherapyhorses.com 5206 West F Street, Greeley CO 80634 970-302-5204 COLORADO Department of Regulatory Agencies Congratulations! Below are your electronic wallet cards to use as proof of your license. You can also print your license at any time by visiting www.colorado.gov/dora/DPO_Prktt_License and following the instructions listed. If you would like a more durable wallet card option, you can order one for a fee by visiting www.nasbastore.org and selecting the "Colorado License Cards" link on the left hand side of the page. If you prefer, you can also contact NASBA by phone at 1.888-925.5237 or by email at nasbastorevtmsba.org. Should you have questions about your credential, or need other information please contact our Customer Service Team at 303-894-7800 or dora_reglstrations®state.co.us. Colorado Department of Regulatory Agencies Division of Professions and Occupations State Board of Social Work Ernninars Edeltraud Archinger Licensed Clinical Social Worker CSW.09924176 09/01/2017 Number Issue Date Active OB/31/2019 Credential Status Expire Date Verifyrthis credential at: www.colarado.gov/dore/Cleo 1 Division Director" Renee Hines Credential Holder Signature Colorado Department of Regulatory Agendas Division of Professions and Occupations State Board of Social Work Examiners Edeltraud Archinger Licensed Clinical Social Worker CSW.09924176 0g/01/2O17 Number Issue Dote Active 09/31/2019 Credential Status Expire Date Verify this credential at: www.calo ado.guv/dora/Cleo tilt/Lehi -- Division Dltector Ronne Hines Credential Holder Signature 1560 Broadway, Suite 1350, Denver, CO 80202 P 303.894.7800 F 303.894.7693 www.cotorado.gw/flora/Cleo ELA ARCHINGER 18636 Weld County Rd. 3, Berthoud CO 80513 303.847.9683 elaarchinger@hotmail.com PROFESSIONAL EXPERIENCE February 2017 to present June 2016 to present October 2013 to present Mai 2013 April 2014 May 2011 May 2012 May 2011 May 2012 May 2010 August 2010 February 2010 September 2010 August 2009 to Mai 2011 January 2008 to 2011 November 2004 to present Volunteer: Cat Rescue, Fort Collins Facilitating Resilience Alliance Groups for Larimer County DHS Outpatient Therapist, Trauma Treatment Coordinator, Turning Point, Fort Collins Cat Boarding House, Loveland Graduate School of Social Work, Colorado State University, Fort Collins Hartford Fellowship in Gerontology Social Work, Colorado State University, Fort Collins Volunteer: Hearts & Horses, Loveland. Assisting with riding instruction for the disabled, assisting groups for youth at risk, assisting groups for women with trauma. Dog training for therapy dogs with Human Animal Bond in Colorado (HABIC), Colorado State University, Undergraduate School of Social Work, Colorado State University, Fort Collins Volunteer: Equine facilitated therapy with traumatized women at Colorado Horse Rescue, Longmont Self-employed, Occupational Therapy, Rolfing, Body oriented Trauma Therapy, Reiki January 2007 - September 2007 July 2006 - October 2007 October 1994 - November 2004 February 1992 - September 1994 January 1991 - February 1992 September 1987 - July 1990 1975 — 1987 Volunteer: Hearts & Horses, Loveland. Assisted with riding instruction for the disabled. NARHA instructor training Volunteer: Colorado Therapeutic Riding Center, Longmont. Assisted with riding instruction for the disabled. NARHA instructor training. Self-employed as OT, Rolfer and Social Trauma Therapist, Nuernberg, Germany. Ran practice with three full-time employees. OT, Werkstatt fuer Behinderte, Nuernberg, Germany. Individual and small group occupational therapy with physically and mentally disabled youth and adults. OT, mentoring, second language instruction, and vocational training for teenage immigrants, Deutsches Erwachsenen Bildungswerk, Nuernberg, Germany. Vocational Training College for Occupational Therapy, Center for Educaton and Learning, Bayreuth, Germany Worked for a variety of companies (mostly in the field of photography): started as assistant to the secretary, moved to project manager and finally signatory for the owner. Managed and trained employees, provided technical support, developed advertising, purchased technical materials, and organized special events. EDUCATION In training for LAC (expected March 2018) Reiki Master training — January 2016 — February 2017 Trauma Training (— 250 hours) including Trauma Informed Yoga with Larimer County 2015 — present LCSW W — November 2015 EMDR Level II — Mai 2015 NASW Certificates "Military Competency" — August 2013 Equine Specialist for Mental Health and Learning — October 2012 Masters of Social Work — May 2012 Certificate in Gerontology — May 2012 Bachelor of Social Work — May 2011 cum laude North American Riding for the Handicapped Association (NARHA) Instructor — Oct. 2008 Certificate in Classical Homeopathy — June 2006 Trained in Bert Hellinger Family Constellation Work — November 2005 Certificate in Therapy for Social Trauma - 2005 Certified Rolfer - 1993 Certified Occupational Therapist (Germany) — July 1990 Minor in Business — 1975 Colorado Department of Regulatory Agencies Colorado Department of Regulatory Agencies Division of Professions and Occupations Division of Professions and Occupations Licensed Professional Counselor Examiners Board Licensed Professional Counselor Examiners Board Joni Diane Martin Licensed Professional Counselor LPC.0012513 Number Active Credential Status Verify this credential at: bNiSi0n Dire{tu1. LaJren ..aPS 07/09/2015 Issue Date 08/31/2017 Expire Date ntial Holder Signature Joni Diane Martin Licensed Professional Counselor LPC.001251.3 Number Active Credential Status Verify this credential at: Crtssi011 Da Eti.Ltitt .aurcn ,.arson ential Holder Signature 07/09/2015 Issue Date 08/31/2017 Expire Date Karizmine Sill 2017 PROFESSIONAL PROFILE Strong interest in working with at -risk population(s). Dedicated self-starter with excellent verbal, written and interpersonal skills. Experienced leader; able to motivate and coordinate team members and their efforts to reach organizational and individual goals. Quality training/teaching and communication skills with variety of clientele. EDUCATION M.A. Advanced Standing Social Work, Colorado State University, Fort Collins, CO August 2015 B.A. Social Work/ B.S. Human Development & Family Studies, Colorado State University, Fort Collins, CO May 2012, Focus: Adolescents and Families RELATED EXPERIENCE Mental Health Specialist, Mountain Crest Behavioral Health, May 2015- February 2017 Previous Employer. • Provides direct care and stability to youth and adults in residential mental health facility. Intern, Poudre Valley Hospital: Counseling Department • Crisis intervention • Discharge assistance • Emotional support with clients and families August 2014- May 2015 Kinship Case Aid/Behavioral Coach/Counselor, Turning Point Center April 2014- 2016 Current Employer. • Mentoring, Maintaining client relationships within the community • Treatment planning and facilitation • Family/kin liaison for CPS Advocate, A Woman's Place, Inc. October 2012- 2014 Previous Employer. • Advocate duties for domestic violence shelter, (including office duties and crisis assessment) Intern, Larimer County Community Corrections, January 2012 to May 2012 Shadowed Correctional Case Specialist II. • Created supervision plans, conducted client evaluations, generated case notes • Participated in staffing with case managers and treatment teams, Attended community meetings TECHNOLOGY SKILLS/Certifications Skilled in Microsoft Office: Word, PowerPoint, Excel, Publisher and experience with Internet research through search engines and databases. WPM: 65 KPH: 3900 Certifications: First Aid Certification 05/2016, MANDT Certification 06/2016, CPR Certification 10/2012, CPI 06/2012, QMAP 08/2012 References Marney Komives Medical Counselor Poudre Valley Hospital Current coworker Known under 2 year 970-495-8550 Susan Tungate Field Education Director Colorado State University Current Thesis Committee Chair Known over 5 years 970-491-4695 Ean McCrystal Registered Psych Nurse PVHS Mountain Crest Behavioral Health Known 2 years 970-207-4830 COLORADO Department of Regulatory Agencies Division of Professions and Occupations Congratulations! Below are your electronic wallet cards to use as proof of your license. You can also print your license at any time by visiting www.colorado.gov/dora/DPO_Print_License and following the instructions listed. If you would like a more durable wallet card option, you can order one for a fee by visiting www.nasbastore.org and selecting the "Colorado License Cards" link on the left hand side of the page. If you prefer, you can also contact NASBA by phone at 1-888-925-5237 or by email at nasbastore@nasba.org. Should you have questions about your credential, or need other information please contact our Customer Service Team at 303-894-7800 or dora_registrations@state.co.us. Colorado Department of Regulatory Agencies Division of Professions and Occupations State Board of Licensed Professional Counselor Examiners Patricia Ferguson Licensed Professional Counselor LPC.0013991 Number Active Credential Status 08/25/2017 Issue Date 08/31/2019 Expire Date Verify this credential at: www.colorado.govldora/dpo Division Director. Ronne Hines Credential Holder Signature Colorado Department of Regulatory Agencies Division of Professions and Occupations State Board of Licensed Professional Counselor Examiners Patricia Ferguson Licensed Professional Counselor LPC.0013991 08/25/2017 Number Issue Date Active 08/31/2019 Credential Status Expire Date Verify this credential at: www.colorado.gov/dora/dpo Ronne Hines Credential Holder Signature 1560 Broadway, Suite 1350, Denver, CO 80202 P303.894.7800 F 303.894.7693 www.colorado.gov/dora/dpo Patricia Ferguson, MS, LPC Patty_Ferguson@comcast.net 970.691.3374 1506 Casa Grande Blvd., Fort Collins, CO 80526 Professional Summary: A compassionate therapist devoted to helping clients create a healthy future through increasing resiliency, self- awareness, and coping strategies. I have experience working with individuals, families and groups. I incorporate Dialectical Behavioral Therapy (DBT) and Solution -Focused techniques in my practice and always utilize a systemic lens. I am passionate about equine therapy as an intervention for exploring client fears and developing authentic relationships. Relevant Work Experience: Program Coordinator, Therapist: Colorado Therapy Horses Volunteer Therapist January 2017 to current Greeley, CO • Maintain all aspects of client caseload including intakes. • Develop Equine Therapy Program, proposals, and procedures. Therapist: Reflections for Youth January 2015 to January 2017 Loveland, CO • Maintain all aspects of client caseload. • Provision of individual, group, family, and equine counseling services. • Developed Equine Therapy programs for Reflections for Youth clients. • Manage scheduling and maintain notes for client psychiatric appointments. • Conduct intake interviews including provision of biopsychosocial assessments. Clinical Intern: Reflections for Youth June 2014 to May 2015 Loveland, CO • Responsible for observation and learning under the supervision of an LCSW. • Maintain a personal caseload, gain experience in providing clients with individual, group, and family therapy. • Managed schedule and complete notes for client psychiatric appointments. Field Representative: Wildwood CACFP (Child and Adult Care Food Program) — Larimer & Weld County November 2000 to May 2014 Centennial, CO Responsible for all aspects of client caseload management for nutritional programming including; o Maintaining caseload of up to 255 clients throughout the state. o Nutrition training. o Planning and conducting workshops. o Maintaining legal and ethical standards as well as communications with staff and outside professional contacts. Field Administrator: Wildwood CACFP January 2009 to March 2010 Centennial, CO • Responsible for the supervision of seven Field Representatives located throughout Colorado. • Development of training materials for staff and clients. • Policy implementation for new policies set by organization or government agencies. • Communication with all levels of professional contact from clients and staff to professional organization. Skills and Qualifications Relationship Building: Relationship development skills include demonstrating an understanding of client's needs and challenges, ability to actively listen and respond to client's needs, and organize schedule allowing for necessary client interaction. Maintain client confidentiality to support healthy professional relationships and ethical standards. Assist client in skill development to increase healthy living and self-awareness. Develop Specialized Relationships: Initiated professional contacts to create equine therapy programs for clients. Manage scheduling, planning, and therapy sessions for equine sessions for groups, individuals, and families with two separate equine programs. Team Work: Professional teamwork experience includes interaction with others to develop group session planning, problem resolutions, and professional awareness. Works well in both structured and creative environments. Communication: Ability to relate well and communicate at all professional levels. Comfortable in small and large group settings, and written and verbal communication. Goal Setting: Establishes and attains professional and educational goals; including maintaining high standards for educational development. Created new equine therapy opportunities for clients. Training/Development: Created and presented training classes for clients. Realigned staff and developed new positions to meet the company's changing needs. Trained and developed staff. Produced the corresponding employee handbook, policy and procedures and job descriptions for these positions. Researched, analyzed and developed a new business plan for a non-profit organization. Established and maintained a statewide large client base. Professional Development • Trauma Focused CBT (2016) • Crisis Prevention Intervention (December 2015) • Creative Interventions for Disruptive Disorders: A Play Therapy Approach, Colorado Association for Play Therapy, Conference (April 2015) • Motivational Interviewing, PESI (April 2015) • Dialectical Behavior Therapy Skills Training for Children and Adolescents: Rescuing the Dysregulated Child (April 2015) • Equine Assisted Growth and Learning Association Conference (March 2015) • Play Therapy for Children, Adolescents, and Adults, PESI (February2015) • Informed Supervision (December 2014) • DSM V Training, Jaime Primiano, University of Phoenix (August 2013) • Dialectical Behavior Therapy (DBT) for Mental Health Providers. J. Ryan Kennedy, LPC, LMFT (March 2013) • Motivational Interviewing for Healthy Behavior Change, University of Colorado (December 2012) • American Counseling Association Member Certifications • Provisional Licensed Professional Counselor (Expires 8/31/17) • Licensed Professional Counselor (Expires 8/31/19) Education • Master of Science in Counseling/Clinical Mental Health Counseling (MSC/CMHC), University of Phoenix, On Campus (Graduation: June 6, 2015) • Bachelor of Science in Psychology, University of Phoenix (Graduation: November, 2010) References on request Print Lookup Details Page 1 of I Lookup Detail View Licensee Information This serves as primary source verification* of the license. *Primary source verification: License information provided by the Colorado Division of Professions and Occupations, established by 24-34-102 C.R.S. Name Patricia G Ferguson Public Address Fort Collins, CO 80526-2545 Credential Information License License License Original Effective Expiration Number Method License Type Status Issue Date Date Date LPC.0013991 Examination Licensed Active 08/25/2017 08/25/2017 08/31/2019 Professional Counselor Board/Program Actions Discipline There is no Discipline or Board Actions on file for this credential. Generated on: 9/25/2017 11:19:56 AM https://apps.colorado.gov/dora/licensing/Lookup/PrintLicenseDetaiIs.aspx?cred=1 154146... 9/25/2017 Phone: 970-302-5204 richard@ColoradoTherapyHorses.com Address: 6127 West 16th Street Greeley, Colorado 80634 C. Richard McMahan, MA, NHTIII, CACIII OBJECTIVE EXPERIENCE Use my 34 years working with adult offenders; adolescent and family counseling experience, Chemical Dependence Treatment experience and education. I plan to use all of my experience in business, and involvement in a startup and a lifetime of having to sell and market my businesses. Supervision of Counselors coming into the profession by giving them the experience I have learned over my working career. 2015 to Present — organized and managed the Colorado Therapy Horses (CTH), a dba of Human Interpersonal Services, Inc. (HIS, Inc.) at G.I. Joey's Training Center to be the premier equine facilitated psychotherapy program and Wellness Center in Northern Colorado and maybe Colorado and the USA. Developed a treatment program that addresses the difficulties of Veterans with PTSD, Adult/Child Cancer survivors, At Risk/Challenged Children and Weld County Treatment Courts. • Won the Weld County Commissioners', Celebrating our Communities Award for 2015 • Won United Way, $30,000 grant for 3 years • Gave 3,725 people the experience of "When you see a bunch of humans standing in a herd of horses", look up, a miracle is about to happen! • Developed collaborations with the Greeley Police Department, Greeley Recreation Department, Weld County Government, Weld County Oil Industry, Partnered with Mountain Crest Hospital, Sierra Special Education School, Honor Flight of Northern Colorado and many others • Finalized concept of "fear is at the root of our isms', and began initial research to publish article in 2016 • Initiated plans and acquired clearance from Weld County Planning Department to purchase 60 -70 -acre farm to build "City Slicker" Wellness Center named G.I. Joey's Training Center Page 115 • Developed Natural Humanship Training used with the horses at the Colorado Therapy Horses which is a revolutionary way to treat "control" issues that are rooted in "fear" which is at the origin of psychological "Ism's", like depression, anxiety, PTSD and substance abuse. • Member of the UNC Biz Hub — used the resources of UNC Business School to develop a comprehensive Business Plan for HIS, Inc., Directed the UNC Marketing Class to organize and develop comprehensive marketing/promotions plan for CTH and directed AIMS College students in developing a state of the art Website and marketing program. • Developed a Nutritional Teaching Curriculum, "out of the horse's mouth", staring a talking Trakehner Horses that will be used to teach elementary kids about healthy eating in coordination with the Nutrition Department and Club at UNC. • Co -developing with Allison E. Boyrer, MA, BSN, RN, Doctoral Student at U of Colorado-Anschutz Medical Center a bio-metric research study to examine the effects horses on humans as per treatment of PTSD, depression, anxiety, substance abuse and other emotional difficulties. 2012 — Formed Human Interpersonal Services, Inc., a 501(c)(3), that will provide a non-profit charitable entity to secure funding for Natural Humanship Training and the Greater Opportunity Cottage Industry Programs. http://www.ColoradoTherapvHorses.com 2009 —June, 2012, Mines and Associated in Conjunction with Access to Recovery Grant by Colorado Department of Behavioral Health and managed by Aspen Pointe, Colorado Springs, Colorado Contract Assessment Counselor • Scheduling assessment with clients in Northern Colorado. Meeting with clients and completing assessment to help them become eligible for ATR Drug and Alcohol services. Completed over 300 assessments from May, 2011 to June 2012. ATR Mentor and Coaching for the Access to Recovery grant. • Developed training program for Mentors and Coaches working with addicted ATR clients. • Trained Mentors and administrators in Colorado Springs, Denver and Northern Colorado. Mentor Supervision and Training Model for future use with the ATR Grant. Page 215 • Developed and Administered the Mentor Supervision and Training Model in Northern Colorado. Recruited and consulted with ATR Agencies in Northern Colorado. • Developed consulting service to help ATR providers maximize services into a legitimate business model to assure sustainability of the agency and quality services to the addicted population. 2005 - 2012, MY Counseling Service, Greeley, CO Founder, Treatment Director• Facilitate Relapse Prevention & Anger Management groups. Chemical Dependency Assessment and Treatment, Individual and family counseling. Assessment and Treatment Planning. Helped clients with educational and vocational assessments; develop plans for success and assisted in locating community resources. • Primary source of clients was Parole and Probation. Was able to coordinate and facilitate treatment plan with criminal justice system. • Developed "Natural Humanship" a therapeutic equestrian program for adults, adolescents and their families. Manages and facilitates the program monthly for Drug Court and other Correctional programs. 2003 - 2004, Avalon Correctional Facility, Greeley, CO Contract Drug and Alcohol Counselor • Facilitate Relapse Prevention groups • Fill in as needed as primary counselor in inpatient program. 2001- 2003, ComUnityCentral, Inc., Fort Collins, CO Founder, Vice President of Operations • Developed the original concept for using the internet as a vehicle for doing online event entry for equestrian shows. • Primary responsibility is new product development, Operations and customer service with such associations as National Little Britches Rodeo, American Quarter Horse Association, and American Buckskin Horse, just to name a few. 1988 — 2001, Managed Adolescent Care, P.C., Fort Collins, CO Founder, President • Developed and Managed a Free Standing, Day Treatment Program utilizing "Advocates" as the primary therapeutic support and intervention model which served over 5,000 adolescents and their families in Northern Colorado. Clinical Drug and Alcohol supervisor Page 315 • Did Assessments, developed Treatment Plans, developed Individualized Education Plans, did Individual, Group and Family Counseling. Coordinated services with School Districts. • Created an on grounds school which contracted with local School districts that serves Emotionally Disturbed Adolescents. • Supervised 25 -person staff. 1984 —1988 New Beginnings, Fort Collins, CO Adolescent Treatment Director for free standing Drug/Alcohol Treatment Center • Developed treatment program that was used nationwide in' their system. Assessments; Individual, Group and Family Counseling. • Supervised fifteen -person staff. 1983 —1984 Lost and Found, Inc., Evergreen, CO Adolescent Therapist • Case managed and counseled with teenage boys in residential Drug and Alcohol Treatment Center. • Supervised five -person staff. 1982 —1983 Saint John's School for Boys, Whitewater, CA Adolescent Case Manager • Case managed unit of 15 boys in residential treatment center. • Supervised three staff members. 1972 —1982 University of Northern Colorado, Greeley, CO Teacher and Assistant Baseball Coach EDUCATION • Coached team to the College World Series. Assistant Director of World Baseball Championship. • Coached in two National Sports Festivals. • Coached in Australia for Australian Baseball Federation. • Co -Developed computerized selection system and marketing program for United States Baseball Federation. 1971-1972 Greeley West High School, Greeley, CO Teacher and Baseball Coach 1969 —1970 Gill Gas & Oil Company, LaSalle, CO Assistant Manager of Family business 1988 — University of Northern Colorado, Greeley, CO Page 415 • Masters Degrees Psychology and Vocational Rehabilitation Counseling. Emphasis in Chemical Dependency and Adolescent & family counseling. • Masters Degree in Vocational Evaluation • Certified Addiction Counselor (Senior Level Ill), Certified Rehabilitation Counselor & Certified Vocational Evaluator INTEREST 1971— University of Colorado, Boulder, CO • Bachelors Degree in Education. Breeding Trakehner horses, raising parrots, designing programs & facilities, working with computers, communicating with people and being creative. Training, teaching and supervision people wishing to think out of the box References upon request Page 515 o rado Depart menment of Regulatory D w of Professions and Occupations State Board of Addiction Counseior ant Richard C McMahan Certified c ction Counsei EXHIBIT C SCOPE OF SERVICES 1. Contractor will provider equine therapy to at -risk individuals and families, ages 12 and older, as referred by the Department. 2. Equine Therapy under this agreement will be non -riding interaction with horses under the supervision of a licensed therapist with the State of Colorado, and approved by the Department, and under the supervision of Richard C. McMahan. 3. Services allowable under this agreement include: a. Intake: Referred clients will participate in a one-time intake process prior to beginning services. With the exception of special circumstances, the intake process should take (1) hour. Under this agreement, the maximum intake allowable is two (2) hours. b. Individual Therapy. Referred individual clients 12 years of age and older requiring more individual attention or to focus on more in-depth issues. Services are tailored to meet the individual client's specific needs. c. Family Therapy: Referred families, with members ages 12 and older. Family Therapy utilizes a systems approach to improving relationship and communication within the family. Services are tailored to meet the family's specific needs. 4. All services will occur onsite at Colorado Therapy Horses, located at 14272 County Road 72, Greeley, Colorado 80631. 5. Contractor utilizes volunteers with court involvement who are seeking community service hours in the course of its daily activities. Contractor will ensure that all volunteers are non-violent, have no history of sexual offense of any kind, and have no current involvement with the Child Welfare system. Volunteers may not engage with clients referred by the Department at any time. Every effort should be made to ensure volunteers are not onsite when Department clients are receiving services. 3. Contractor will make at least three (3) attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral (excluding weekends and holidays). Contractor will document efforts to engage client in referred services. If after three (3) attempts the client does not respond the Contractor will notify the caseworker and the Child Welfare Contract and Services Coordinator immediately. 4. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 5. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 6. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department (FIDOS), unless otherwise directed by the Department. 1 7. Contractor agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 8. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 9. Contractor agrees to attend meetings when available and as requested by the Department, and such meetings are included in the identified service rate. Such meetings may include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Contractor understands that participation may occur by phone when necessary. 1 EXHIBIT D PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specified in Paragraph 2, below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department after May 31, 2018. Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the Department, the Department may immediately terminate the Agreement or amend it accordingly. 2. Fees for Services $100.00/Hour/Referral (Intake. Maximum of two (2) hours.) $115.00/Hour (Individual Equine Therapy. Inclusive of Case Management.) $150.00/Episode (Episode = 1.5 hours. Family Equine Therapy. Inclusive of Case Management.) Contractor may not attempt to collect co -pays and/or fees for services for which a Department client is responsible, but which a particular client refuses or fails to pay. Contractor will collect any applicable sliding scale co -pays and credit the Department for any payment received on the monthly billing. 3. Submittal of Vouchers Contractor shall prepare and submt monthly an itemized voucher, and signed monthly report if applicable, certifying that services authorized were provided on the date(s) indicated and the charges made were pursuant to the terms and conditions of Paragraph 3 and Exhibit A. Contractor shall submit all monthly billings and applicable reports to the Department by the 7th day of the month following the month the cost was incurred. Failure to submit by the aforementioned deadline may result in forfeiture of payment. a. For ongoing services, proof of services rendered shall be a Client Verification Form signed by the client and a monthly report submitted in accordance with Paragraph 3(d) of this Agreement. b. For one-time services, proof of services rendered shall be receipt of the completed product. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 1 ACORO® ‘.....----- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 9/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Secure American Insurance PO Box 350999 Westminster CO 80035 NAME UT Jennifer Manriquez AJCNNo, Eat): (970) 690-1070 I n/C, No): (888) 874-0969 ADDRE-mAiL enniferm alelandfisher.com ADDRESS: jenniierm@lelandfisher.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Nautilus Insurance Co INSURED Human Interpersonal Services Inc 1803 88th Ave Greeley CO 80634 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AUULSUUK INSD WVD POLICY NUMBER FUMY ❑hl- (MM/DD/YYYY) PULI.Y EAP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NN809616 08/29/2017 08/29/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR U/ANALIt I U KEN I EU PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE — - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — - ` SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMI I (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPER I Y UAMAC,E (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N N I A H- I SPEN TATUTE I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A E&O Liability NN809616 08/29/2017 08/29/2018 Each Occurrence General Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION County of Weld 1150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE JtA,ni ftr Ma+wiquta, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello