HomeMy WebLinkAbout20162771.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR CHILD WELFARE
AND AUTHORIZE CHAIR TO SIGN - CHRYSALIS CENTER FOR FAMILY GROWTH,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Professional Services
for Child Welfare 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
Chrysalis Center for Family Growth, LLC, commencing July 1, 2016, and ending May 31, 2017,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services for Child Welfare 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 Chrysalis Center for Family Growth,
LLC, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Acting Chair Pro-Tem 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 31st day of August, A.D., 2016, nunc pro tunc July 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dax,/ G.;(A EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
uty Clerk to the Board
APPROVE AS T*.FORM
F—
my Attorney
Date of signature: A
EXCUSED
Sean P. Conway, Pro -Tern
uli: A.
�.r
ozad, Acting phapFPko-Tem
j
rbarfa Kirkme
Steve Moreno
c c HSoCsc,/cmi SB)
o lac)/ ICo
2016-2771
HR0087
Csnt*t ab45R8
MEMORANDUM
DATE: July 29, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Weld County Department of Human Services' Child
Welfare Agreement for Professional Services with
Chrysalis Center for Family Growth, LLC (Core)
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval for the Departments' Child Welfare Agreement for Professional
Services with Chrysalis Center for Family Growth, LLC (Core). The major provisions for
this Agreement are as follows:
No.
Term
Service/Funding
Rates
I
July I, 2016, through and
Mental Health Services
$100.00/Session (52-60 Minute
until May 31, 2017
(Secondary Substance
Session).
Abuse Counseling)
$60.00/Hour - Case
Core
Management/Staffings (Court
Facilitation/Court Staffing/Family
Team Meeting/Team
Decision Making Meeting)
I do not recommend a Work Session. I recommend approval of this Amendment.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-2771
Pass -Around Memorandum; July 29, 2016 (CMS ID#598) Page 1
AGREEMENT FOR PROFESSIONAL SERVICES (Core)
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 'O' Street, Greeley, Colorado, 80631 ("County"), by and through the
Board of County Commissioners of the County of Weld, on behalf of the Weld County
Department of Human Services, and Chrysalis Center for Family Growth, LLC whose address is
305 West South Is' Street, Johnstown, Colorado 80534, ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from July 1, 2016, through and until
May 31, 2017.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of $100.00/Session (52-60 Minute Session). $60.00/Hour - Case
Management/Staffings (Court Facilitation/Court Staffing/Family Team Meeting/Team
Decision Making Meeting). Charges shall be based on the time actually spent performing
the services, but shall exclude travel time.
b. Mileage may/may not (circle one) be charged to and from any required job
site at a rate of 0.00 cents per mile. Contractor shall not be paid any other expenses
unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $5 000.00.
1
AGREEMENT FOR PROFESSIONAL SERVICES
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. 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.
8. Reports County Property. All reports, test results and all other tangible materials
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. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
2
AGREEMENT FOR PROFESSIONAL SERVICES
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. 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.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of County.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/NIodifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
3
AGREEMENT FOR PROFESSIONAL SERVICES
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
4
AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
ATTESW fed, I ;
Weld County-ClerkCounly-Cierk to the Board
a
5
COUNTY
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
-Julie Cozad, Pro—Tem
CONTRACTOR
G
3 1 2016
Chrysalis Center for Family Growth, LLC
305 West South 1st Street
Johnstown, Colorado 80534
(970) 23;;2681
By:
Date:
Sara Higgins, MA, MNJI..PC
Clinical Director
711((((0
alo
EXHIBIT "A"
CONTRACTOR:
Name: Chrysalis Center for Family Growth, LLC
Address: 305 West South ls` Street, Johnstown, Colorado 80534
Tax I.D. or Social Security Number: 26-4124928
1. Services to be Provided by Contractor: Mental Health Services (Secondary Substance Abuse
Counseling)
To Name of Client: K.A. and K.M. (Trails Case ID 1803753)
Location of Services to be provided to the Client: Office: 305 West South lm Street, Johnstown,
Colorado 80534
2. County agrees to purchase and Contractor agrees to furnish TBD units of Offense Specific Treatment
service at the cost of $100.00/Session (52-60 Minute Session). Case Management/Staffing (Court
Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) per unit of service
for a maximum amount of $5,000.00.
3. The parties agree that payment pursuant to this Contract is subject to and contingent upon the continuing
availability of funds for the purpose thereof. The payment of such services shall be from:
X Core Services as defined in Rule Manual Volume 7 Section 7.303.1 and, if appropriate, the
Colorado Department of Human Services approved County Core Services Plan.
Child Welfare Administration
X Other as defined as Case Services (Case Management Only).
4. County agrees:
a) To determine child eligibility and as appropriate, to provide information regarding rights to fair
hearings.
b) To provide Contractor with written prior authorization on a child or family basis for services to be
purchased.
c) To provide Contract with referral information including name and address of family, social, medical,
and educational information as appropriate to the referral.
d) To monitor the provision of contracted service.
e) To pay Contractor after receipt of billing statements for services rendered satisfactorily and in
accordance with this Contract.
5. Contractor agrees:
a) Not to assign any provision of this Contract to a subcontractor.
b) Not to charge clients any fees related to services provided under this Contract.
c) To hold the necessary license(s) which permits the performance of the service to be purchased,
and/or to meet applicable Colorado Department of Human Services qualification requirements.
1
d) To comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation
Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs,
national origin, or handicap.
e) To provide the service described herein at cost not greater than that charged to other persons in the
same community.
f) To submit a billing statement in a timely manner, no later than the 7`h of the month following the
month of service. Billing must be submitted utilizing the required Request for Reimbursement Form
and the Client Verification Form. Failure to do so may result in nonpayment.
g) To safeguard information and confidentiality of the child and the child's family in accordance with
rules of the Colorado Department of Human Services and the County Department of Human
Services.
h) To provide County with reports on the provision of services as follows:
Monthly reports will be submitted through the County's online reporting system, FIDOS, by the 7`!'
of the month following the month of service unless otherwise directed or agreed to by the County.
Contractor is responsible to set up FIDOS training with the County's Contract and Service
Coordinator prior to the due date of the first report.
i) To provide access for any duly authorized representative of the County or the Colorado Department
of Human Services until the expiration of five (5) years after the final payment under this Contract,
involving transactions related to this Contract.
j) Indemnify the County and the Colorado Department of Human Services from the action based upon
or arising out of damage or injury, including death, to persons or property caused or sustained in
connection with the performance of this Contract or by conditions created thereby, as based upon
any violation of any statute, regulation, and the defense of any such claims or actions.
6. In addition to the foregoing, the County and Contractor also agree:
a) Core Services Program expenditures will not be reimbursed when the expenditures may be
reimbursed by some other source. (As set forth in Rule Volume 7, at 7.414, B (12 CCR 2509-5).
b)
c)
2
Certificate of Insurance (Proof of Coverage) Date Issued: 07/12/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Insured Name and Mailing Address*
Program Administrator
Chrysalis Center for Family Growth LLC
Sarah Higgins
305 W. South 1st Street
Johnstown, CO 80534
Administered By:
CPH and Associates
711 S. Dearborn, Suite 205
Chicago, IL 60605
P.312-987-9823 F.312-987-0902
infolalcnhins.com
*Additional insured locations are often requested by individual business owners who have more
than one office. Your coverage is portable, meaning that you are covered at any location for
practice under the occupation(s) listed on your policy.
Underwritten By:
Philadelphia Indemnity Insurance
Company
Coverage
Policy #: AR01822
'Effective Date: 07/01/2016
'Expiration Date: 07/01/2017
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Limits of Liability
Coverage Part
Each Occurrence
(Per individual claim)
Aggregate
(Total amount per policy year)
$1,000,000
$5,000,000
Professional Liability
$1,000,000
$3,000,000
Commercial General Liability
Includes: General Liability, Fire & Water Legal Liability and Personal
Liability
$15,000
$15,000
Property Coverage
$1,000,000
$5,000,000
Supplemental Liability
Unlimited
Unlimited
Defense Expense Coverage
$75,000
$75,000
State Licensing Board Investigation Defense Coverage
$15,000
$15,000
Assault Coverage
$10,000
$35,000
Deposition Expense Benefit
$5,000/person
$50,000
Medical Expense Coverage
$15,000
$15,000
First Aid Coverage
Description /Special Provisions:
General Liability Insured Location(s):
305 W. South 1st Street Johnstown, CO 80534
Certificate Holder
Cancellation
Weld County, Colorado, Weld County
Department of Human Services
1150 O Street
Greeley, CO 80631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISIONS.
Holder has also been added to the policy as an additional insured:**
) X Yes/No 1
**If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be
endorsed. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
l Q r l_
Authorized Representative
C. Philip Hodson
DISCLAIMER:The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,
and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon.
Hello