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Home My WebLink About20163170.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - BI INCORPORATED 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 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 BI Incorporated, commencing September 1, 2016, and ending June 30, 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 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 BI Incorporated 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 12th day of October, A.D., 2016, nunc pro tunc September 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datittiVG Xigo•eA Weld County Clerk to the Board BY: eputy Clerk to the Board ED AS County Attorney Date of signature: ( l PO/ (4, Mike Freeman, Chair Sean P. Conway, Pro -Tern u ozad teve Moreno CC- 4-ISIDCC(\'')Igg1 TG) tt /a/ICo 2016-3170 HR0087 �ortira�f lD 177b9 MEMORANDUM DATE: TO: FR: RF.: September 15, 2016 Board of County Commissioners — Pass -Around Judy A. Griego, Director, Human Services Weld County Department of Human Services' Child Welfare Agreement for Professional Services with Various Providers 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' Child Welfare Agreement for Professional Services with Various Providers. The major provisions for these Agreements are as follows: Contractor/Term Barry R. Lindstrom, Ph.D., LLC. October 1, 2016, through and until September 30, 2017 431( I 1 BI Incorporated i September 1, 2016, through and until June 30, 2017 Service/Funding; Compassion Fatigue Training for WCDIIS Staff Core Court Ordered Monitored Sobriety Services in Frisco, CO Non -Core Rates $300.00/Group of Eight (8) Caseworkers (Phase Ill: Caseworker Groups, Up to 20 90 -Minute Sessions) Charges shall be based on the time actually spent performing the services, but shall exclude travel time. $25.00/Urinalysis with FtG and $4.00/Breathalyzer Charges shall he based on the time actually spent performing the services, but shall exclude travel time. I do not recommend a Work Session. I recommend approval of this Agreement. Approve Request BOCC Agenda Work Session Sean Conway Steve Moreno Barbara Kirkmeyer Mike Freeman Julie Cozad 2016-3170 Pass -Around Memorandum; September 15, 2016 (ID 747 & 769) Page 1 AGREEMENT FOR PROFESSIONAL SERVICES 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 BI Incorporated whose address is 6525 Gunbarrel Avenue, Suite B, Boulder, CO 80301, ("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 September 1, 2016, through and until June 30, 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 $25.00/Urinalysis with EtG and $4.00/Breathalyzer. Charges shall be based on the time actually spent performing the services, but shall exclude travel time. b. Mileage may/may notj (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. O2o/G --5/7v d. Payment for services and all related expenses under this Agreement shall not exceed $5,000.00. 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. 2 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. 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/Modifications. 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. 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 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: ddrifet) G ��C,1L0;ti BOARD OF COUNTY COMMISSIONERS Weld C ty Clerk to the Bard WELD COUNTY, COLORADO By: Deputy Mike Freeman, Chair OCT 12 2016 CONTRACTOR: BI Incorporated 6525 Gunbarrel Avenue, Suite B Boulder, Colorado 80301 By: Ann Schlarb, Senior Vice President, The GEO Group and President, GEO Care Date: fz/zO1b 0201 6- c/ -7o EXHIBIT "A" CONTRACTOR: Name: BI Incorporated Address: 6525 Gunbarrel Avenue, Suite B, Boulder, Colorado 80301 Tax I.D. or Social Security Number: 84-0769926 1. Services to be provided by Contractor: Monitored Sobriety Services To Name of Client: P.S. (Trails Case ID 1812478) Location of Services to be provided to the Client: 699 N Summit Blvd, Frisco, CO 80443 2. County agrees to purchase and Contractor agrees to furnish TBD units of Caseworker Groups at the cost of $25.00/Urinalysis with ETG or $4.00/Breathalyzer 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: 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. X Child Welfare Administration Other as defined as 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. 1 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. 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 forty-five (45) days after services. 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: Not applicable. 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 GEOGROU-01 LARKINB AC.ORLJ► CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of Georgia, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 INSURED The GEO Group Inc and All Subsidiaries including B.I., Incorporated 621 NW 53rd Street, Suite 700 Boca Raton, FL 33487 NAME: CONTACT Willis Towers Watson Certificate Center FAX (A//CN o, Est), (877) 945-7378 (a No); (888) 467-2378 ADDRESS: certificates@willis.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A : National Union Fire Insurance Company of Pittsburgh 19445 INSURER B : Steadfast Insurance Company 26387 INSURER C : New Hampshire Insurance Company 23841 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE X OCCUR 3333278 (AOS) 10/01/2015 10/01/2016 Mitt SESO(Ea oceur ante) $ 5,000,000 X Medical Professional MED EXP (Any one person) $ 0 X Civil Rights PERSONAL & ADv INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 25,000,000 X POLICY PRO- JECT LOC PRODVCTS- COMPrOPAGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 3,000,000 (Ea accident) A X ANY AUTO 7469865 10/01/2015 10101/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,000 B EXCESS LIAB CLAIMS -MADE IPR 3792274-02 10/01/2014 10/01/2017 AGGREGATE $ 25,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- X AND EMPLOYERS' LIABILITY STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE rN OFFICER/MEMBER EXCLUDED? N: N 1 A 024781094 (AOS) 10/01/2015 10/01/2016 E.L. EACH ACCIDENT $ 2,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below _ E.L. DISEASE - POLICY LIMIT $ 2,000,000 B Professional Liab. IPR 3792303-03 10/01/2015 10/01/2016 Per Loss/Annual Agg 3,000,000 B Pollution Liability ZRE 0184690-00 10/01/2015 10/01/2020 See Attached DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability: Contractual Liability is provided per form CG0001 - Commercial General Liability. Coverage includes Severability of interest and Cross Suits. Sexual Molestation - Physical Abuse is not excluded under the General Liability policy. Blanket Additional Insured is included to Certificate Holder as respects General Liability and Automobile Liability if required by written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Weld County, By and Through The Board of County Commissioners of Weld County, The Weld County Sheriff, and Their Employees PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / l ACORD" AGENCY CUSTOMER ID: GEOGROU-01 LOC #: 0 ADDITIONAL REMARKS SCHEDULE LARKINB Page 1._ of 1 AGENCY Willis Insurance Services of Georgia, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 ADDITIONAL REMARKS NAMED INSURED The GEO Group Inc and All Subsidiaries including B.I., Incorporated 621 NW 53rd Street, Suite 700 Boca Raton, FL 33487 NAIC CODE SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Insurance is Primary and Non Contributory. Blanket Waiver of Subrogation is provided as respects General Liability, Automobile Liability, and Workers Compensation as required by written contract. Residential, Non -Residential, Reporting Centers and Re -Entry Programs Contractual Liability is provided per form CG0001 - Commercial General Liability. Coverage includes Severability of interest and Cross Suits. Sexual Molestation - Physical Abuse is not excluded. Blanket Additional Insured is included to Certificate Holder as respects General Liability if required by written contract. Insurance is Primary and Non Contributory. Blanket Waiver of Subrogation is provided as respects General Liability as required by written contract. Blanket Additional Insured is included to Certificate Holder as respect Automobile Liability if required by written contract. Blanket Waiver of Subrogation is provided as respects Automobile Liability as required by written contract. Blanket Waiver of Subrogation is provided as respects Workers Compensation as required by written contract. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Pollution Liability CARRIER: Steadfast Insurance Company POLICY TERM: 10/1/2015 -10/1/2020 POLICY NUMBER: ZRE 0184690-00 $10,000,000 Each Incident $10,000,000 Policy Aggregate POLICY TYPE: Automobile Liability - MA Only CARRIER: New Hampshire Insurance Company POLICY TERM: 10/1/2015 -10/1/2016 POLICY NUMBER: 7469866 (MA) Any Auto including Hired & Non -Owned $3,000,000 Combined Single Limit POLICY TYPE: Automobile Liability - VA Only CARRIER: National Union Fire Insurance Company of Pittsburgh POLICY TERM: 10/1/2015 -10/1/2016 POLICY NUMBER: 7469867 (VA) Any Auto including Hired & Non -Owned $3,000,000 Combined Single Limit POLICY TYPE: Workers Compensation - CA CARRIER: National Union Fire Insurance Company of Pittsburgh POLICY TERM: 10/1/2015 -10/1/2016 POLICY NUMBER: 024781098 (CA) Per Statute $2,000,000 Each Accident $2,000,000 Disease - Policy Limit $2,000,000 Disease - Each Employee POLICY TYPE: Workers Compensation - FL CARRIER: Illinois National Insurance Company POLICY TERM: 10/1/2015 - 10/1/2016 POLICY NUMBER: 024781096 (FL) Per Statute $2,000,000 Each Accident $2,000,000 Disease - Policy Limit $2,000,000 Disease - Each Employee POLICY TYPE: Workers Compensation - MA/WI CARRIER: New Hampshire Insurance Company POLICY TERM: 10/1/2015 -10/1/2016 POLICY NUMBER: 024781095 (MA WI) Per Statute $2,000,000 Each Accident $2,000,000 Disease - Policy Limit $2,000,000 Disease - Each Employee POLICY TYPE: Workers Compensation - MN CARRIER: New Hampshire Insurance Company POLICY TERM: 10/1/2015 -10/112016 POLICY NUMBER: 024781097 (MN) Per Statute $2,000,000 Each Accident $2,000,000 Disease - Policy Limit $2,000,000 Disease - Each Employee POLICY TYPE: Workers Compensation - NJ/PA CARRIER: New Hampshire Insurance Company POLICY TERM: 10/1/2015 -10/1/2016 POLICY NUMBER: 024781099 (NJ/PA) Per Statute $2,000,000 Each Accident $2,000,000 Disease - Policy Limit $2,000,000 Disease - Each Employee POLICY TYPE: Workers Compensation - AK/AZNA Per Statute CARRIER: New Hampshire Insurance Company $2,000,000 Each Accident POLICY TERM: 10/1/2015 -10/1/2016 $2,000,000 Disease - Policy Limit POLICY NUMBER: 024781100 AK/AZNA $2,000,000 Disease - Each Employee POLICY TYPE: Workers Compensation - IUKY/NC/UT Per Statute CARRIER: New Hampshire Insurance Company $2,000,000 Each Accident POLICY TERM: 10/1/2015 -10/1/2016 $2,000,000 Disease - Policy Limit POLICY NUMBER: 024781101 IUKY/NC/UT $2,000,000 Disease - Each Employee Hello