HomeMy WebLinkAbout20183914.tiff RESOLUTION
RE: APPROVE STANDARD FORM FOR CHILD PROTECTION AGREEMENT FOR
SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS
CONSISTENT WITH SAID FORM
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 sitting as the Weld County Board of Human Services, has been
presented with the Standard form for the Child Protection Agreement for Services between the
Weld County Department of Human Services and various providers, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
agreement, a copy of which is attached hereto and incorporated herein by reference and to
delegate standing authority to the Chair of the Board of County Commissioners to execute
individual agreements between the Department of Human Services and various providers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, sitting as the Weld County Board of Human Services, that the Standard form
for the Child Protection Agreement for Services form between Weld County Department of Human
Services and various providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any agreements consistent with said form.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
St e Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer, ro-Tee~
Deputy ClS to the Bo-� -
' an P. Conway
VIII
iN� c Z Lt. eraa
lie A. Cozad
county A orney EXCUSED
Mike Freeman
Date of signature: .lq/l q
EC • HSc, cac.Krn)
I/3MA 2018-3914
HR0089
PRIVILEGED ANI) CONFIDENTIAL
MEMORANDUM
DATE: November 20, 2018
x
+ i
ieege�. 86
TO: Board of County Commissioners—Pass-Around
FR: Judy A. Griego,Director, Human Services
E/3 COUNTY
RE: Update to the Standard Form for Child Protection
Agreement for Services for 2019-20
Please review and indicate if you would like a work session prior to placing these items on the
Board's agenda.
Request Board Approval for the Departments' Update to the Standard Form for Child
Protection Agreement for Services. Attached is the proposed update of the Standard Form for
Child Protection Agreement for Services (County Code 2-1-125). The update has been drafted
with and approved by Assistant County Attorney, Karin McDougal, for use during the 2019-20
contract year.
The agreement has been updated to accurately reflect current billing expectations and
timeframes,current Child Welfare referral and service contacts and response expectations,and
consistency of terms(ex. Contract Professional changed to Contractor, Request for Bid changed
to Request for Proposal).
I do not recommend a Work Session. I recommend approval of this update to the Standard Form
for Child Protection Agreement for Services.
Approve Schedule Other/Comments:
Recommendation Work Session
Sean P. Conway
Julie A. Cozad
Mike Freeman hre
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
2018-3914
Pass-Around Memorandum;November 20, 2018—Not in CMS Page 1
H0.co89
1215 ..
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND
This Agreement, made and entered into the_day of , 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 Request for Proposal, Exhibit B, Contractor's Response
to Request for Proposal, Exhibit C, Scope of Services, and Exhibit D, Rate Schedule. Each of thesgndocuments is
attached hereto and incorporated herein by this reference. Exhibit A is Contractor's Response t .xtequest for
Proposal Number which is incorporated into this agreement by rerence and m` .ale found
at or will be provided upon request to the Department. r"
WITNESSETH
WHEREAS, required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services hasprovided = orrOther 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. Referralst Tracking
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
to aforfeiture of payment.
'4,contractor agrees to receive referrals for services through e-mail and will provide an identified e-
maiteddress prior to the start of this Agreement. Contractor acknowledges that services are not
gthorized 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 Quality Assurance Team Supervisor(hainleld@weldgov.com,970-400-6210). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit a complete Request for Reimbursement and supporting documentation
by the 7th of the month,following the month of service, utilizing billing forms required by the
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Department.Contractor agrees to utilize the Client Verification Form for all scheduled and
unscheduled face-to-face services with the exception of home studies and monitored sobriety
testing.Contractor agrees that original complete Client Verification Forms are to be submitted with
the Request for Reimbursement. Requests for Reimbursement and Client Verification Forms received
after 60 days from the date of service may result in delay or forfeiture of payment. Consistent failure
to meet 60-day deadline may result in termination of the Agreement.
d. Contractor agrees to submit a monthly report by the 7th of the month,following the month of service,
for each client receiving ongoing services. Monthly reports will be submitted through the
Department's online reporting system, unless otherwise directed or agreed to by thue`Department.
Monthly reports for ongoing services must include the following information,entin the
"Narrative" box for each date of service: 44
a. Date and time of service a _
b. Where the service took place k`
k £
c. Clinician/therapist name
d. Clients participating
e. What interventions were used,recommendations and/or gods discussed
f. Any and all safety concerns � �,.
'451'
One-time services will be verified through receipt of th+ omptOOod product(ex. psychological
evaluation,substance abuse evaluation, home study Verification f Monitored Sobriety Services will
be the test result. A completed home study may 64a full, pat al or denied study,as determined by
the Department.
Contractor will document in detail any and a ,obsery or verbalized concerns regarding any child
whom the Contractor is working with 'nderthe reement. Areas of concern may include, but are
not limited to,any physical,emotional,toducationktiSehavioral issues. Areas of concern should be
reported immediately to the , ..worker,AND othe required monthly report.
4. Payment t
}
a. The Departments en r°agree that all benefits from private insurance and/or other
funding sourcesssu ¢as Medica iif Contractor is a Medicaid eligible provider)or Victim's
Compensation must bexsted 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:
46,fiecyjee being provided by the contractor is not a Medicaid eligible service;
1i tThee„service is not deemed medically necessary;
"Me 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;
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v. Medicaid is exhausted for the needed service;or
G #k vi. Medicaid denied service.
vii. The client is not eligible for Medicaid.
b. Payment shall be made in accordance with Exhibit A,Weld County's Request for Proposal, Exhibit
B,Contractor's Response to Request for Proposal, Exhibit C,Scope of Services,and Exhibit D, Rate
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.
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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 udit of all funds
expended under this Agreement must conform to the Single Audit Act of 1984 and O*, Circr A-133.
6. Payment Method
Unless otherwise provided in Exhibit B,Contractor's Proposal, Exhibit C,₹Sc e of ervices,and Exhibit D,
Rate Schedule: ,.
-
a. If services are funded through Core Services,Contractor s $,td r pt`reimbursement
through ACH direct deposit one time per month.
b. If Contractor is not currently set up with the Site of Colorado accept direct deposit,
Contractor agrees to complete and submit an;hicF vill be provided by the Department,with a
voided check. Failure to complete and submit thissi44r , d voided check in a timely and accurate
manner may result in a delay of payment.
c. Contractor agrees to accept payment thresh c ty warrant when funding source does not
allow for direct deposit.
7. Compliance with Applicable Laws-,•
a. At all times duringperformance`of this Agreement,Contractor will strictly adhere to all
applicable Federal d State' corder,and applicable standards,regulations,interpretations
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and/or guidelines issues pursuant thereto. This includes protection of the confidentiality of all
applicant/-ecip yt records, papers,documents,tapes and any other materials that have been or may
hereafter be'ARst*iffstAAOch relate to the Agreement. Contractor shall abide by all applicable laws
andan4Tegui004,,inCitOng,but not limited to the following:
''fittc, 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
� 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
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- 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.
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 determined by
the Department.
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 net,within a three-year period preceding this Agreement, been convicted of or
had a civll: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. Contractor certifies,warrants,and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
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contract. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement,through participation in the
E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program
procedures to undertake pre-employment screening or job applicants while this Agreement is being
performed. If Contractor obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify
the subcontractor and the Department within three (3) days that Contractor ha '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 theillegaf alien within three
(3) days of receiving notice. Contractor shall not terminate the contract if vitin"three days the
subcontractor provides information to establish that the subcontractor=,has not knowingly employed
or contracted with an illegal alien. shall comply with reasonable request nade in the course of an
investigation,undertaken pursuant to C.R.S.§8-17.5-102(5),by the Colorado bepa,oment of Labor and
Employment. If Contractor participates in the State of Colorafro.,progra'r ,Contractor shall, within
twenty days after hiring a new employee to perform work underthe contract affirm that Contractor
has examined the legal work status of such employee,retained file copies'of the documents, and not
altered or falsified the identification documents fuch`znployees. ontractor shall deliver to the
�h:
Department, 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
Contractor fails to comply with any requirement o' h provr ion or of C.R.S. §8-17.5-101 et seq.,the
Department, may terminate this Agreement for breach and'"if so terminated,Contractor shall be liable
for actual and consequential damage
f. Except where exempted by federal lays and except as provided in C.R.S.§24-76.5-103(3), if
Contractor receives federal af state funds under uflOtqhe contract,Contractor must confirm that any
individual natural personligftpenti4years of age or older is lawfully present in the United States
pursuant to C.R.S.§.4,4776.146344), if such individual applies for public benefits provided under the
contract. If Contracor gates a a fe proprietor,it hereby swears or affirms under penalty of
perjury that it:(a) ;a citizen iiiitte United States or is otherwise lawfully present in the United States
pursuant to federal law,(b 'hall produce one of the forms of identification required by C.R.S.§24-
76.5-101, t (c)shall roduce one of the forms of identification required by C.R.S. §24-76.5-
103 pr r'toi he effective date of the contract.
� ��F�F ilfi
8. Compliance MO Child and Family Services Review
The hil and FailyServices Review(CFSR)examines child welfare service outcomes in three areas;
ky
Safety,.„Per` ,v icy 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
secs 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.
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9. Insurance Requirements
Contractor and the 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 Requefo"rProposal,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 d to of this Agreement.
At a minimum,Contractor shall procure,either personally or through its emp(oyer as applicable to the
Contractor's business,at its own expense,and maintain for the duratiortO the` rk,the following
insurance coverage. Weld County,State of Colorado, by and through the Bp*ofCourfty Commissioners
of Weld County,its employees and agents,shall be named as addittonatnamed suretl on the insurance,
where permissible the insurance provider.
a. General Requirements:Contractors rhast secure,ator.before the time of execution of
any agreement or commencement of any wore,the following insurance covering all operations,
goods or services provided pursuant to.thjs,teqdest.Contractors shall keep the required insurance
coverage in force at all times during theterm 6fthi.Agreetnent,or any extension thereof, and
during any warranty period.The required,insurante shall be underwritten by an insurer licensed
to do business in Colorado and rated bA M,,,Best company as"A"VIII or better. Each policy shall
contain a valid provision or endorsement stati "sould any of the above-described policies by
canceled or should any cwrage be reduce4 before the expiration date thereof,the issuing
company shall send written notice to the yOld County Director of General Services by certified
mail, return receipt requested,'8ueh written notice shall be sent thirty(30)days prior to such
cancellation or reducbrQn drttpss du ;to non-payment of premiums for which notice shall be sent
ten(10)days prior-elf any,pof(rytsm excess of a deductible or self-insured retention,the
Departmerit rryhst be not by the Contractor.Contractor shall be responsible for the payment
of any cjeduetiblebt sett7insured retention. The Department reserves the right to require
Contractor to provide p bond,at no cost to the Department,in the amount of the deductible or
seifihSdted toter to guarantee payment of claims.The insurance coverages specified in this
Agra'am; t areythe minimum requirements,and these requirements do not decrease or limit the
liattty-of Contractor.Contractor shall maintain,at its own expense,any additional kinds or
amodhts of insurance that it may deem necessary to cover its obligations and liabilities under this
,Agreen :nt.
:b. Types of Insurance: Contractor shall obtain,and maintain at all times during the term of
'" y 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 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,
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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 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 reduced by twenty-five percent(25%)or more
by paid or reserved claims,Contractor shall notify the Department 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 the Department.
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 the Department,whichever is earlier.
c. Contractors 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 insuraike 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 shall provide a copy of this information to its insurance
agent or broker and shall have its agent or broker provide proof of Contractor's required
insurance.The Department reserves the right to require Contractor 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's insurer shall name County as an additional insured
as follows
f. Waiver of Subrogation: For all coverages,Contractor's insurer shall waive subrogation
rights against County.
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g. Subcontractors: All 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.
Contractor 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 agrees to provide proof of insurance for all such subcontractors,
independent contractors,sub-vendors,suppliers or other entities upon request by the
Department.
A provider of Professional Services(as defined in the Bid or RFP)shall provide the following
coverage:
Professional Liability: Contractor shall maintain limits of$1,000,000 for each claim,and
$2,000,000 aggregate limit for all claims.
10. Certification
Contractor certifies that,at the time of entering into this Agreement, it ha$currently in effect all
necessary licenses,approvals, insurance,etc., required to properlyprovide the≤ervice sand/or supplies
covered by this Agreement. Copies of all necessary licenses shalt:be provr'rtedo tlrt Department by the
Contractor prior to the start of any Agreement.
11. Training
Contractor may be required to attend training at the regiies`t.Qf 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 ha 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 Clkce,J y e mafland will return a waiver of services within 72 business hours. For
this purpose,Contract rfwill designatean e-mail address prior to the start of this Agreement. If the
Contractor receiyps a subpoena Via e-mail but will only accept personal service,the Contractor will
contact the Weld County Attorney's Office immediately at 970-400-6503,and advise that the subpoena
must be per'sonally served
13 Mortltor&ng andEvaluation
Contractor and the Department agree that monitoring and evaluation of the performance of this
greementa aJ 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
Corttracfor
Contractor will collaborate in a timely manner with the Department to resolve issues pertaining to service
delivery,service quality,documentation,and invoicing during referral period and after services have
concluded. The Contractor will require clients sign releases of information. Contractor understands that
the Department will not reimburse for services rendered to Department clients until releases of
information are obtained.
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. The
monitoring agency may, if in its sole discretion deems necessary or appropriate, have access to any
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program data,special analyses,on-site checking,formal audit examinations,or any other reasonable
procedures for purposes of monitoring. 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 necessaryservices 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 tothe 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 th e 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 Agreeent,,theudxviduals identified below are hereby designated representatives
of the respective parties Either part •rnay from time to time designate in writing a new or substitute
representative(s),
For Department` For Contractor:
Heather,Walker,Child Welfare Division Head Name,Title
17, Notice
All notices requited to be given by the parties hereunder shall be given by certified or registered mail to
the irtdivtduals 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: For Contractor:
Judy A.Griego, Director Name,Title
P.O. Box A Address
Greeley,CO 80632 City,State Zip
(970)400-6510 (XXX)XXX-XXXX
18. Litigation
Contractor shall promptly notify the Department in the event that Contractor learns of any actual
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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 17. No portion of this Agreement shall be deemed to Bate an
obligation on the part of the County of Weld,State of Colorado,to expend funds not of revise
appropriated in each succeeding year,as this Agreement is subject to the availability-a funding;
Therefore,the Department may terminate this Agreement at any time if the sour ,pf futiding fi r„the
services made available to the Contractor is no longer available to the Depar ent r"tar ,other
reason. Contractor reserves the right to suspend services to clients if funds `$`
g p ,,is no lorwr aval�able.
20. No Third-Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terrras ert tpnd Lions of this
Agreement,and all rights of action relating to such enforcerttgnt shal. be stric fy reserved to the
undersigned parties and nothing in this Agreement shat the 8&.allow any cam or right of action
whatsoever by any other person not included in this Agreement. is the express intention of the
undersigned parties that any entity other than tnajtNetiigned partiaS receiving services or benefits
under this Agreement shall be an incidental beneficiary"onfy .,
21. Governmental Immunity
° f
No term or condition of this contract shall be'cpnstrded or interpreted as a waiver, express or implied,of
any of the immunities, rights, benefits, protectiofs. t other provisions,of the Colorado Governmental
Immunity Act of§§24-10-101 t.Seq.,aiapplicable now or hereafter amended.
22. Partial Invalidity ignty
If any section,supse Lion paragraph sentence,clause,or phrase of this Agreement is for any reason held
or decided tq Abe uftgonstitutional,such decision shall not affect the validity of the remaining portions.
The partieeretp dete°that they would have entered into this Agreement and each and every section,
subsection, pfaraph,s'e►itence,clause, and phrase thereof irrespective of the fact that any one or more
sectiors,sub,ecti9ns, paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional
or,inf(id
Irrt*rrptieties/Conflict of Interest
"-Ng•offices member or employee of Weld County and no member of their governing bodies shall have any
pelcuaiary 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
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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.
A conflict of interest or appearance of a conflict of interest may also apply to personal relationships
between providers and clients. If a provider has a personal relationship with a client to whom the
Contractor may provide services for,the Contractor must disclose that relationship to the Department.
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 Memberof Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,"`*htnaking 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 agreem'e t.
rx..
24. Storage,Availability and Retention of Records
Contractor agrees that authorized local, Federal,and State auditors and reresentativeshall,during
business hours, have access to inspect and copy records, and shall EAflpwed to...monitor and review
through on-site visits,all activities related to this Agreement,su rprfeO,With fcrndfs'under this Agreement,
to ensure compliance with the terms of this Agreement. Cc3ntractiri``gspar`ttes agree that monitoring and
evaluation of the performance of the Agreement shall t 'FFebndtacted b ppttopriate funding sources. The
results of the monitoring and evaluation activities shall`le provided to the appropriate and interested
parties. 1
All such records,documents,communications,and other riaterars created pursuant or related to this
Agreement shall be maintained by the Contractor ins centil location and shall be made available to the
Department upon its request,for a period of sever: 7Y YehiS 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 foilcting 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 riot,beeh,retoived after a seven(7) period,the materials shall be retained until
the resolution of the and Irtchpg
25. Co nfi d ecti afttv otft cods
Contractorstiali Orot cthecgnfidentiality of all applicant records and other materials that are
maintained irtaccerclanc with this Agreement except for purposes directly connected with the
admidistration Of Chili Protection. No information about or obtained from any applicant/recipient in
passion of ntractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent" guardrn unless in accordance with the Contractor's written policy governing access to,
dtipl datiorw art dissemination of,all such information, in any form, including social networks. Contractor
affad` ise its employees,agents,and subcontractor, if any,that they are subject to these confidentiality
""recfwrrertbnts.
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
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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
Contractor agrees that it is an independent Contractor and that Contractor's officers,a ents,or employees
will not become employees of County, nor entitled to any employee benefits from County as`rresult of
the execution of this Agreement.Contractor shall perform its duties hereunder n&openindependent,
Contractor.Contractor shall be solely responsible for its acts and those of its.agent an em oyees for all
acts performedpursuant to this Agreement.Contractor,its employees and 't`gagents are= t entitled to
unemployment insurance or workers'compensation benefits through Co my and County shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment
insurance benefits will be available to Contractor and its employees nd,agentsonly 'such coverage is
made available by Contractor or a third party.Contractor shall pays when due all applicable employment
taxes and income taxes and local head taxes(if applicable)incurred pursuant t"othis Agreement.
Contractor shall not have authorization,express or imp f taAlind County to any agreement, liability or
understanding,except as expressly set forth in this Agreement.Contractor shall have the following
responsibilities with regard to workers'compensation acrd unemployment compensation insurance
matters:(a)provide and keep in force workers'compensation and:unemployment compensation
required by law, n N insurance in the amounts and asset forth)n E=ztiibit provide proof thereof when
requested to do so by County.
28. Entire Agreement
This Agreement,together with all ttach nts hereto,constitutes the entire understanding between the
parties with respect to theesubiej matter hereof,and may not be changed or modified except as state in
Paragraph 14 herein. ThisAgreement shall ie binding upon the parties hereto,their successors,heirs,
legal representatives,AO as gns.'The Contractor and the Department may not assign any of its rights or
obligations hereunder without fh prior consent of both parties.
/16;29. AgreementNonexclusive
This Agreement oes not guarantee any work nor does it create an exclusive agreement for services.
30. =),Narranr
r heContractor 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 the Department originals of all tests and
results, reports,etc.,generated during completion of this work.Acceptance by the 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
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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 X24-50-507
The signatories to this Agreement aver that to their knowledge, no employee of Weld County ties any
personal or beneficial interest whatsoever in the service or property which is the tbject'matter of this
Agreement.The Contractor has no interest and shall not acquire any interest: rector ind4rerct,which
would in any manner or degree with the performance of the Contractor's services andthe Caractor,
shall not employ any person having such known interests. During the tertrl pf tftisAgreennt,the
Contractor shall not engage in any in any business or personal activities oIpragtices or maintain any
relationships which actually conflicts with or in any way appear to gOrtflfct with the full performance of its
obligations under this Agreement. Failure by the Contractor to ebbs aretp&pliaece with this provision may
result,in the Department's sole discretion, in immediate tet inatiort of this Agreement. No employee of
the Contractor nor any member of the Contractor's fanWsh t erve on a C'bunty Board,committee or
hold any such position which either by rule, practice orction norrtrnat , recommends,supervises
r'Contractos operations,or authorizes funding to the..Contractor. a'
33. Board of County Commissioners of Weld-County ApproVal
This Agreement shall not be valid until it has•been approv&lby the Board of County Commissioners of Weld
County,Colorado.
•
34. Choice of Law/Jurist tip
,44
}
Colorado law,and rules aritteeplaticm§'egt.siblished pursuant thereto,shall be applied in the interpretation,
execution,and enfo cernt �u tf eement.Any provision included or incorporated herein by reference
which conflicts with id lave ruts and/or regulations shall be null and void. In the event of a legal dispute
between the porti* ontractt r,a rrees that the Weld County District Court shall have exclusive jurisdiction
to resolve id disputik,,,
35 Sig orracto
Contractor ackkovdges that the Department has entered into this Agreement in reliance upon the
par" cuT3tr reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
eetpentsor f5e completion of this project without the Department's prior written consent,which may
' beWithheld in the Department's sole discretion.
3 ur-z Attorney's Fees/Legal Costs
In the event of a dispute between the Department and Contractor,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 Contractor under this Agreement or individual work order shall
become or remain (as applicable), the property of the Department. In addition, all reports, documents,
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data, plans, drawings, records and computer files generated by Contractor 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 Department.Contractor shall not make use of such material for purposes
other than in connection with this Agreement without prior written approval of the Department.
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.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month,and
year first above written. --
COUNTY,
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
By:
Deputy Clerk to the Board Name,Chair
CONTRACTOR:
Contractor
Address
City,State Zip
(XXX)XXX-XXXX
By:
Name,Title
Date:
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