The URL can be used to link to this page

Browse Search

Home My WebLink About20181090.tiffRESOLUTION RE: APPROVE AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - DAVSEL VENTURES, INC., DBA DAVIES AND ASSOCIATES 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 Daysel Ventures, Inc., dba Davies and Associates, commencing February 1, 2018, 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 Daysel Ventures, Inc., dba Davies and Associates, 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 4th day of April, A.D., 2018, nunc pro tunc February 1, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: date/4w JCok. Weld County Clerk to the Board Deputy Clerk to the B oun A ttorney Mike Freeman Date of signature: Oq-ir -I? Steve Moreno, Chair c� H SD -cZo !g 2018-1090 HR0089 /94-/?) PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: February 13, 2018 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Child Protection Agreement for Services with Daysel Ventures, Inc. DBA Davies & Associates 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 Daysel Ventures, Inc. DBA Davies & Associates. The major provisions of the Agreement are as follows: No. 1 Term February 1, 2018 -May 31, 201.8 Service/Funding Offense Specific Evaluation (Juveniles) Core Rate $1,000.00/Episode (Juvenile Offense Specific Evaluation, In Office) $95.00/Hour (Additional per hour travel for evaluations outside the office.) $47.50/Episode (Staffing as approved by the Department. Episode = 30 minutes.) $250.00/Episode (Polygraph) I do not recommend a Work Session, I recommend approval of this Agreement. Approve Recommendation Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Schedule Work Session I Pass. Around Memorandum; February 13, 8018 — CMS 1680 Other/Comments: 2018-1090 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DAVSEI. VENTURES, INC, D A DAMES & ASSOCIATES This Agreement, rt acle and entered into th f day o j014„ by and between the Board of Weld County Commissioners, on behalf of the Weld County Departme t f Human Services, hereinafter referred to as the "Department' and Daysel Ventures, inc., BSA navies & Associates, hereinafter referred to as the "C ctor". The parties to this Agreement understand and agree that the provisions off this Agreement specifically include the following documents: Exhibit A, Contractor's Proposal, Exhibit 8, Scope of Services, and Exhibit C, Payment Schedule. Each of these documents is attached hereto aria incorporated herein by this reference. WI TH WHEREAS, required approval, clearance, and coordination have been accomplished from and with ?ppropriate agencies; and WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Offense Specific Evaluation (juveniles). NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on Fecirutrr' :1� 01L.; upon proper execution of this Age erg and shall expire May 3 ., 2018, unless sooner terminated as provided herein. Theeigree erft fete' peried`t f three`yeers. 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 as s cif the refier al autrizaticar, illing ar tracking requirements rrs set forth by the Department. Failure to comply with all aspects may result in a forfeiture of paytent. b. Contractor agrees to receive referrals for services through e-rna;I 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. Cnntreeter agrees to 5trhrnit an itemererl ; nmpietee biilinE; statement by the r of the month, following the month of service, utilizing billing forms required by the Department. f di follow nth of verified through receipt of the c I luation)i Verification of Monitored Monthly -64 ` ical evaluation, Substance abuse tst result Cunt io, red or verbahaed concerns regarding any child whom the Contractor is working with under theAgree t. Areas of concern may Include, but am not limited to, any physical, emotional, educational or behavioral issues, Areas of concerns d b reported immediately to the caseworker AND on the required monthly cep . . Monthly reports will he submitted through the Dept oti e is directed or agreed to by the Department a. The Deportment and the Contractor agree the undln taur s sub as Medicaid if Contractor is ,a M d€a Compensation must xha before Cori Send for serihresi k in accordance with f,hi€tA 'Halt Agreement, Payment pursuant to this hti Exhibit iota upon, the continuing availability of said funds for the purposes hereof, the ti terms, or reporting root appeal such circumstance of Human Services shall be final, At all times from the Fiinanc€al xpnded under this Unless otherwise p Payment Schedule: ry h ACH direct deposit one time per n r Victim's 's Request for Proposal, Exhibit d Schedule,. red- idereo satisfacthid in contingent if Contractor has failed to comply with any pat of ties contactual agent of forfeiture of rdirmburs Celt it completion or the Agreement, Contactor shall forth in the ColoradoThe required annual audit of all funds d M CircularA rldd in Exhibit B, Contractor's Pro-tosal, Exhibit C, Scope ot Services, and Exhibit €, t uu wit Contractor agrees to complete and submit an ACH Form fir Irxradi provided by the Department. Con tractor %S solely responsible to sub °si ment C lz radr per the directions on the form. Failure to omplete and submit this form in a tar accurate manner may result in a delay of payment. c. Contractor agrees to accept payment through county warrant when. funding source all for direct deposit. a. At all Lire s dr ri t p r ance f this Agreement, Corns applicable Federal and State laws, order, and .applicable standards, andlor guidelines issued pursuant theret.si€ prat:bon cf afapacentireciplent records, papers, documents, tap hereafter be established which 1-sit1rd-sit to the Agreement and regulations, d t hn ftil€ : Title VI of the Rights Act of 1964, CF. . Part 80 Lgg,; any are pre race, creed, col benefits of, or and its implementing adhere to ail 'tons .o person shall, on the grounds of adds, be excluded from participation in, be denied bed to discrimination under the approvod Agreement U.S.C. Section 794, and its the Age Discrimination Act of 1973, 42 U. ,C, Section 6101 and its nit ti r r ulatio • .45 C.FA. Pay Title VII of the Civil Rights Act of 1964; and tie Age Discrimination in Ercmpa ant of 1 7; and the Equal Pay Act of 1963; and the Education Amendments of 1972; and Immigration Reform and Control Act of 1986, .t. 'IRK Part 2; and regulations applicable t these laws prohibiting discrimination because of race, color, gin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome D related conditions covered under Section 504 of the Rehabilitation .Act of mended, cited a if rrec ate, stsar and the Depactitioi oceedings any eff t o taro acc t diem r rd e c it as permitted F.P. Part 74, Appendix G 8, which r uir that of rmati e st ne businesses ace utilized, and services. derai and/r d Statute (C.R.S.i 26-6404. requiring criminal background record check; ploytees, 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. 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 corm=ssion 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) terminate) for cause or de€ault. e, Public Contracts for Services C.R.S. §847.5-1O1., 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,lt.& §$-1?.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or eater 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, i€ 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 shalt 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, §8-17.5-3.02(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 new employee to perform work under the contract, affirm that Contract Professional has examined the fugal work status of such employee, retained the 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. §847.5401 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. § 2a-76.5-1(}3(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. § 24-76.5403 prior to the effective date of the contract. Compliance with Child an 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 pr ress 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 Para ph: 3(d) of this Agreement. 9. ineerer5e Reopiremenes 1 Contractor and Department agree that Weld County, the rd 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 ail 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. General Requirements: Contractors/Contract Professionals must secure, at or before the e 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.IVI.. Best Company as "A"Vtii or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any ever be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld Comity 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 none payment of premiums for which notice shall be sent ten (10) days prior, If any policy is In excess of a deductible or serf insured retention, County must be notified by the Contractor/Contract • Professional Contratr/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 Pf of€ssional. Contractor/Contract Professional shall maintain, et its own expense, any additional kinds or amounts of insurance that It may deem.necessary to cover Its obligations and liabilities ender this Agreement. b. Types of insurance: Contractor/Contract •Professional shall obtain, and maintain at all times during the term of anyAAgreereent, insurance in the following kinds and arnauets: i.Wo=rkers' Compensation insurance as required by state statute, and Employer's, lability Insurance covering all of Contractor's Contract Prafessioriar'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 a Contractor must submit to the impartment a Declaration of Independent Contractor Status Form prior to the start of this agreement. l.Commercial General Liability Insurance written on ISO occurrence form CG 00 0110/93 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 general aggr ate; $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.Additionel 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 iunits; Contractual liability covering the indemnification provisions of this Agreement; eats by one insured against another; n tat average isprimary; and rdivision that coverage is noncontributorywith other coverage or madded by vrtFor all general lra ilrty, cart r is lra PVk liquor l;a r&, ,pollution liability and r fessl nal ₹ia ility a licies„ If the &aHoy is a claims -made 04, the fetroactivdate must on or before the contract dater the first date when any goods or services awe provided to County. whichever is earlier, t keep it herein r svld , a c m ercif property damage, ire covering all operationser rind /Contract Professionals shall secure and deliver to r ► ni Ater"} at of before th f executionthis yes d rig termsf the Agregmnt as tie same : ritr fof including poor, l •act Contract Professional shall orall n to l insurance a ent or ker, and shalt have its 'oleo! o Contractor/Contract:Prinessi verance. County reserves the r Contractor/CoHirect Professional to r ide a lioate of insurance, a poky, insurance requiredRisk ministrfor in his sole discretiono nd marine, an additional insurer; as follows and bility, excess/umbrella liability, pollution IContrar,t Professional's ins rer shall r am? coverages, t County. /Contract Professiona 3r s. s ntract rs, subcontractors, independent contractors, ctrl vendors, suppliers ur otter entitiesproviding goodi or ject to ail f the rer irements harsh d of Contractor/Cc under its cles or sh Contractor/Contract Professional cc Professional ly this Nireement Weak procure and marital 'the same coverages Contractor/Contract Professional shal'Included dogs a li � r r et atie as arty rr ids s or olive; In the k ciao covere all such sl wide the ilit.: Contract Professional shall maintain limits of S1,000,000 for each clan aggregate limit for all claims. 10 Contractor certifies that, at the time of enterin necessary licenses, approvals, insurance, etc,, required covered bv this Agreement ies of all necessary €icpnses shall be provided tc: the Department by the rt arty Agreement, 11. 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. repoenas C Contractor wi€l, on behalf of its employees and/or officers, accept any subpoena for testimony from the Weld County Attorney's Office by email 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. €f 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. 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 tC, 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. Ail such monitoring shall be performed in a manner that will not unduly interfere with the work conducted under this Agreement. 14. Modification of Artreemept Ali modifications to this Agreement shall be in writing and signed by both parties. 15. Re ediee 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 shalt 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, whichhave 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, acid/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. Reoresente ive; 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: drnini 17. he= A, Mervyn Devles, President v,+ .er Ali 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, Grieea Director P.O, Box A Greeley,CO 3Z (92Q) 352,11.51 18. .l iti often For Contractor: Mervyn DDViesq President/Qv+ n r „qt, Stte t lei 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 {37) 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 theContractor 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 Pigti , it is expressly oi Agreement and art undersigned ever by an hneersignar under this ,rra' if be an incident d and agreed t its of action relating inn candations of this inforcement s ved to the lye r allow any dielm r right of action amen It is r ss ion of the parties scarab, i s i s rbenefits No term r condition of this contract snail he construed € bias, rights, benefits,. proteprotections tt Act of ,§i§24-10-1,01 etrn , as flop valid, ttncd dense, ianali rot aft stared into this AEd - bs - ct1 paw' waiver, express or implied, of of the Colorado Governmental rndedi Weld County and no member oftheir governingbodis indirect, in the approved Agreement or the r ells tr. The rare of c riationship of a tractor with the t when the Contractor also maintains a relationship witft a third party and t�iswor Contractor to a in know that the two reletionsiGerera in opposition. not enter into any thirtheartv relationship that gives the appearance of tired a conflict of i s feaming of an exist, .n appear of a conflict of interest situation, Contractor shall s.bmit *o the setting f forth the details that create the appearance ot a conflict lisci sa re statement reboil -el -1 n y this paragraph snail constitute ands for the Department's termination, fu merit connection with the awarding of any Federal contract, tie a i€s are} Federal grant, the making o any Federal cant the entering into of any cooperative agreement, and the xt , continuation, renewal, amendment, or modiftbstrod of an Federal contract, loan, grant, or c ra 7ve agreement, 24. Storage,Avatiapility end Retention of Recimls Contractor agrees that authorized local, Federal, and State auditors and representatives shel€, 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 ► onitor'-ing and evaluation of the performance of the Agreement shall be conducted by appropriate fuming 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. 25. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this ment except for pturptoseses directly connected with the administration of Child Protection, No information about or obtained from any appl€cant/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 €apartment, if requested. 26. Preefleelle let9rri .lion 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 wi€i be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 2:7. tt e endence of nt act r,lyot_an F Id 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 oyee benefits from County as a result of the execution of this Agreement, Contract Professional shall dudes hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for ail 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 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, 9. C, and D. 31, Accerstapce of Services, Npte 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. • §24-18-2©1 et seq. and §24-50-5 7 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 12 Agreement. The Contractor has no interest and shah 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 sha€l 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 pnovision may result, in the Department's sole discretion, in immediate t ination of this Agreement. No employee of the Contractor nor any member of the Contractor's family shall serve on a County Board, co - ' tee 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 lssioners of d This Agreement shall not be valid until it has been apprx 0. by the Board of County Commissioner Weld County, Colorado. 34. Cboici 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 in ' orated 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. Suboontractors Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professsional 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. Atte n s Fees/Legal Costs €n 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, fl tiership 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. 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. If any term or condition of competent jurisdiction, this extent that this ent is then shall be held to be invalid, illegal, or u n r≥ r *bid by a. nt shall be construed and enforced .. h of eution within the dual intent IN ESS WHEREOF, the parties hereto have duly executed the year first a e ritten. ATTEST: t e-o*t Weld County aerk to the Board By: 14 you ant as of the day, th. and BOARD OF COUNTY COMMISSIONERS WELD COU . COLORA no, Chair APR Z 1I3 Ventures, Inc. DBA Davies ociates 824-6 9th Street Greeley, Colorado 80631 (970) 353-0422 By: Date: 02©/d- j t -t t t$1 r. CUNT ; CTOR'S PROPOSAL l < davies i. rise, .t 82443 9"` Street Greg₹ey, co r3 Tel: (970) 353-0422 Fax: (970) 353.0790 2ha3CeY e6FiF''yzrR°si°G�xa3 'uPng5 SCOPE OF SERVICES ICES The Weld County Department of Human Services (DIIS) has requested this scope of services from Davies & Associates. The request is for Davies & Associates to provide offense specific evaluations for juveniles (ages I2 -17) who have engaged in sexually abusive behaviors. Evaluations are to be completed by staff of Davies & Associates. These evaluators meet t e minimum qualifications as set by the Colorado Sex Offender Management Board (SOME). Evaluations will be completed within two ks of meeting with a referred client and their legal guardian. Evaluations are scheduled in one full day (6-8 hours) or two half -days (3-4 hours each day). Evaluations include an interview with the juvenile, approximately two hours including a meeting with the juvenile's guardian, Each evaluation will include recommendations to include level of treatment (outpatient, residential, .. , )4 level of su vision, a substance abuse screening, initial treatment targets, ongoing treatment targets, and current risk level. Offense specific evaluations may include the following components (the following is subject to change based on client's risk. needs and responsivity): • Millon Adolescent Clinical inventory (MAC!) • Shipley Institute of Living Scale • State -Trait Anger Inventory (STAXI) • Substance Abuse Subtle Screening Inventory 1V -Adolescent • LOOK Assessment • Offender Typology +� Juvenile Sex Offender Assessment Protocol -I1 (J -SOAP -H) • Juvenile Sexual Offense Recidivism Risk Assessment Tool -II (JSORRAT-10 • Polygraph (if requested and felt as therapeutically important) (added expense) Evaluations are typically 10-15 pages in length. Upon receiving a referral, Davies & Associates will make at least three attempts to contact the client and set up evaluation dates. The first attempt will occur within. 24 -hours of receiving the referral (excluding weekends and holidays). Davies & Associates will notify referral source if contact with the client could not be achieved. Davies & Associates will document anv observed or verbalized concerns regarding the c;lic t tt or family that arise during the evaluation. process. These concerns will be shared with the referral source in a timely fashion. • Juv 'le O r q S A. SO Juvenile, DVD Ya m (Ino .0 f :gee. C review. 7.0 hour. do not hesi to.ontact me. CACIIU, FAPA, F -A A tors and Treatment vider for Aduit, nders. C.C, A. T , and 95 2 EXHBIIT B SCOPE OF SERVICES 1. Contractor will provide offensive specific evaluation services for juveniles, ages 12-17, who have engaged in sexually abusive behaviors, as referred by the Department. 2. Evaluations will be completed by Contractor's staff, all of whom meet the minimum qualifications as set by the Colorado Sex Offender Management Board (SOMB). 3. Contractor will complete all evaluations within two weeks of meeting with a referred client and their legal guardian. 4. Evaluations will be scheduled in one full day (6-8 hours) or two half days (3-4 hours per day), and will include an interview with the referred juvenile and their legal: guardian. 5. All evaluations will include recommendations for level of treatment, level of supervision, a substance abuse screening, initial treatment targets, ongoing treatment targets, and current risk level. 6. Juvenile Offense Specific Evaluation may include the following, if applicable: • Millon Adolescent Clinical Inventory (MACI) • Shipley Institute of Living Scale • State -Trait Anger Inventory (STAXI) • Substance Abuse Subtle Screening Inventory IV -Adolescent • LOOK Assessment • Offender Typology • Juvenile Sex Offender Assessment Protocol -II (J -SOAP -II) • Juvenile Sexual Offense Recidivism Risk Assessment Tool -II (JSORRAT-II) 7. Contractor may include a polygraph if requested and deemed therapeutically important. Polygraphs will be conducted through a polygraph examiner subcontracted by Contractor and will incur an additional cost, to be paid by the Department. 8. 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 immediately. 9. Contractor will document in detail 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. EVE lL 13 SCOPE OF SERVICES 10. Contractor agrees any c . ge to an existing ref I must be pre -approved through the Child Welfe Contract and Services Coordinator, a De vent -facilitated Tess =. Decision Making (TDM) or Family Te Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service onthe initial authorized referral form. This may include an increase or decrease in services hours, c g in quency, c ° ge in location of services, transpo on needs, or any change to the initial referral or subsequent authorizations. i I. Contractor understands t the Department will not re"i burse Contractor for "no shows" or canceled appoin ents, either on the part of the client or the Contractor. 12. Contractor agrees to attend meetings when available and as request by the Department. Such meetings include Court Facilitations, Court Staffings, F ity Tea Meetings and/or Te Deci.sionMaking meetin a e Department will reimburse for actual cipaation in the meeting only so long the meeting is at least one hour in t the Contractor obtains the Facilitator's sip a:ture on the Cli t Verification Fo (if in p.- . on) at the time of the meeting and participation in meeting is deemed appropriate . d necessary by the Dep ent. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Curd' tor. Contractor may participate by phone. EXHIBIT C PAYMENT SCHEDULE tisd i nt The Department agrees tt reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specified in Paragraph 2a below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department after May 3.1 2018. x ses incurred by th tot ctor prior to the term of this agreement are not eligible penditures and shall not be reimbursed by the Dep ent. 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 e •ent that said funds, or any pail thereof, become unavailable as determined by the Department, the Department may immediately terminate the Agreement or amend it accordingly. tbr Services $ l.00O.00/Episode (Juvenile Offense Specific Evaluation. In Office) $ 95.001 lour (Additional per hour tra el for evaluations outside the $ 47.50/Episode (Staffing as approved by Department. Episode=30 Minutes.) $ 250.00/Episode (Polygraph) Contractor may not attempt to collect co -pay s and/or fees for services for which a Dep ent client is responsible, but which a particular client refuses or fails to pay. Con for will collect any applicable sliding scale co -pays and credit the Dep . ent for any payment received on the monthly billing. Contractor shall prepare and submit monthly an itemized voucher.: and signed monthly report if applicable. certify in►g that services authorized vvl.', rc provided on the dates) indicated and the harps made were pursuant to the terms and conditions of Paragraph 3 and Exhibit A. Contractor shall submit all monthly billings and pplicable reports to ti Ithe 7th day of the month frill in the month the cost was inc ed. the aforementioned deadline may result in forfeiture of payment. a. For on services. proof of services rendered shall be a Client Verification ed by the client and a monthly report submitted in accordance with (dl of. this Agreement. duct. For l result. e services, proof of services rendered shall be. receipt f'the corps d Sobriety services, proof of sservices rendered shall he t G -121501-C Gal CNA79575 Producer Branch Prefix 018098 970 HPG Named Insured and Address: A Mervyn Davies 824 9th St Ste B Greeley, CO 80631-1149 Medical Specialty: Licensed Professional Counselor Excludes Cosmetic Procedures Professional Liability HEALTHCARE PROVIDERS SERVICE ORGANIZATION PURCHASING GROUP Certtfit ltr, of £tt5ttt•atice OCCURRENCE POLICY FORM Policy Number 0429580036 '2018 Policy Period from 04/01/13 to 04101/19 at 12.01 AM Standard Time Program Administered by: Healthcare Providers Service Organization 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 1-800-982-9491 www.hpso.com Code: Insurance is provided by: 80723 American Casualty Company of Reading, Pennsylvania 333 S. Wabash Avenue, Chicago, IL 60604 .000 each claim $ 5,000,000 aggregate Your professional liability limits shown above include the following: * Good Samaritan Liability * IVIalpiacement Liability * Personal Injury Liability * Sexual Misconduct Included in the PL limit shown above subject to $ 25,000 aggregate sublimit Coverage Extensions License Protection Defendant Expense Benefit Deposition Representation Assault Includes Workplace Violence Counseling Medical Payments First Aici Damage to Property of Others Information Privacy (HIPAA) Fines and Penalties Workplace Liability Workplace Liability Fire & Water Legal Liability Personal Liability Total: $ 498.00 $ 25,000 $ 1.000 $ 10,000 S 25.000 $ 25,000 $ 10,000 $ 10,000 $ 25,000 per proceeding per day limit per deposition per incident per person per incident per incident per incident $ 25,000 $ 25,000 $ 10,000 $ 25,000 $ 100,000 $ 10,000 $ 10,000 25,000 aggregate aggregate aggregate aggregate aggregate aggregate aggregate aggregate Included in Professional Liability Limit shown above Included in the PL limit shown above subject to $150,000 aggregate sublimit $1,000,000 aggregate Base Premium $498.00 Premium reflects Self Employed Full Time Policy Forms & Endorsements(Please see attached list for a general description of many common policy forms and endorsements.) G-1215001ND G -121503-C GSL15565 G.SL17101 CNA8175B CNA82011 Chapman of ttie`Board G -1451844A G -147292-A CNA80051 CNA80052 G-141231 •A 7AAL4.--\ Secretary GSL15563 GSL15584 G -123846~C05 CNA81753 Keep this document ein a safe place It and proof of payment are your proof of coverage There is no coverage in force unless the premium is paid in full In order f[1 9cf:✓,,3'e /.7eir c ivG,Tage, please remit premium i' full by the effective date of •h,s certificate of irsurance Mastei Policy # 188711433 HEALTHCARE PROVIDERS OVAL LIABILITY COVERAGE PART RSEMENT Additional 'Insured -- Person or Entity of the premium paid, and sect to the Professional Liability limit of liability shown on the nsurance, it is agreed that the PROFESSIONAL !AmuTY COVERAGE PART is The person or entity named below (the 'additional insured") is an insured under this Coverage Part but only as respects its liability for your medical incidents and solely to the extent that: °nal_ liability claim is made against you and the additional insured; and uing litigation aria out Such claim. you and the additional insured remain as co- in no_eyent;is ii bditVV t Aitiinai any coverage provided under this policy onal insured. ed: County Of Weld 115O 0 Street G ey. CO rtcident.that is the direct This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below All other provisions of the policy remain unchanged. EPii3T NO. Policy 429580W$ G•1'21486 -B (i i?Gii1 Apr a OF TO e€v r Civvies Enos:,r , N 5EMENT EFFECTIVE DAT 04.1011201S Page I of 1 Hello