HomeMy WebLinkAbout20162785.tiffelvdro.d- b4+Lcao
MEMORANDUM
DATE: August 18, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Weld County Department of Human Services' Child
Protection Agreement for Services with Patricia Lujan
DBA Done on Time
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Child Protection Agreement for Services
with Patricia Lujan DBA Done on Time. The major provisions for this Agreement are as
follows:
No.
Contractor Location/Term
Service/Funding
Rates
1
Fort Lupton, CO 80621
August 1, 2016, upon proper
execution of this Agreement
and shall expire July 30,
2017
Monitored Sobriety
Services
Non -Core
8 Panel UA $15.00, Breathalyzer $5.00,
Hair* $125.00, Oral Swab* $45.00
*1f a kit and form are provided by a testing
facility, additional discounts may apply
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
babsKA loufvu
Y314 l9 Pass -Around Memorandum; August 18, 2016 Contr ct ID 620
2016-2785
Page 1
ki eOO27
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND PATRICIA LUJAN DBA DONE ON TIME
This Agreement, made and entered into tha day of H1i 2016 by and between the Board of Weld
County Commissioners, on behalf of the Weld County Department'6f Human Services, hereinafter referred to as
the "Department' and Patricia Lujan DBA Done On Time, 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 Proposal,
Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and
incorporated herein by this reference.
WITNESSETH
ESSETH
WHEREAS, required approval, clearance, and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS, the Colorado Department of Human Services has provided Child Welfare Administration
funding to the Department for Monitored Sobriety Services.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
1. Term
This agreement shall become effective on August 1, 2016 upon proper execution of this Agreement and
shall expire June 30, 2017 unless sooner terminated as provided herein. The agreement is for a period of
three years. However, the agreement must be renewed by both parties, in writing, on an annual basis.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for services in compliance with
Exhibit B, Contractor's Proposal and Exhibit C, Scope of Services.
3. Referrals, Billing and Tracking
a. Contractor understands and will comply with all aspects of the referral authorization, billing and
tracking requirements as set forth by the Department. Failure to comply with all aspects may result
in a forfeiture of payment.
b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-
mail address prior to the start of this Agreement. Contractor acknowledges that services are not
authorized until the Contractor has received an authorized referral form from the Department.
Contractor further acknowledges that services provided prior to the authorized start date or outside
the scope of services on the referral form will not be eligible for reimbursement.
Contractor acknowledges that any and all modifications to an existing referral must be approved
through the Department's Resource Manager, Child Welfare Contract and Services Coordinator, or
through a Team Decision Making (TDM) meeting or Family Team Meeting (FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month,
following the month of service, utilizing billing forms required by the Department.
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d. Contractor agrees to submit a monthly report with the billing statement by the 7t^ of the month
following the month of service for each client receiving ongoing services. One-time services will be
verified through receipt of the completed product (ex. psychological evaluation, substance abuse
evaluation). Verification of Monitored Sobriety Services will be the test result.
Contractor will document in detail any and all observed or verbalized concerns regarding any child
whom the Contractor is working with under the Agreement. Areas of concern may include, but are
not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be
reported immediately to the caseworker AND on the required monthly report.
Monthly reports will be submitted through the Department's online reporting system, unless
otherwise directed or agreed to by the Department.
4. Payment
a. The Department and the Contractor agree that all benefits from private insurance and/or other
funding sources such as Medicaid (if Contractor is a Medicaid eligible provider) or Victim's
Compensation must be exhausted before Core Services or other Department funds can be accessed
for services.
b. Payment shall be made in accordance with Exhibit A, Weld County's Request for Proposal, Exhibit
B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule, attached
hereto and incorporated herein by reference, so long as services are rendered satisfactorily and in
accordance with the Agreement.
c. Payment pursuant to this Agreement, whether in whole or in part, is subject to, and contingent
upon, the continuing availability of said funds for the purposes hereof.
d. The Department may withhold reimbursement if Contractor has failed to comply with any part of
the Agreement, including the Financial Management requirements, program objectives, contractual
terms, or reporting requirements. In the event of forfeiture of reimbursement, Contractor may
appeal such circumstance in writing to the Director of Human Services. The decision of the Director
of Human Services shall be final.
5. Financial Management
At all times from the effective date of the Agreement until completion of the Agreement, Contractor shall
comply with the administrative requirements, cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under this Agreement must conform to the Single Audit Act of 1984 and 0MG Circular A-133.
6. Payment Method
Unless otherwise provided in Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services, and Exhibit D,
Payment Schedule:
a. If services are funded through Core Services, Contractor agrees to accept reimbursement
through ACH direct deposit one time per month. -
b. If Contractor is not currently set up with the State of Colorado to accept direct deposit,
Contractor agrees to complete and submit an ACH Form for Colorado Providers, which will be
provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of
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Colorado per the directions on the form. Failure to complete and submit this form in a timely and
accurate manner may result in a delay of payment.
c. Contractor agrees to accept payment through county warrant when funding source does not
allow for direct deposit.
7. Compliance with Applicable Laws
a. At all times during the performance of this Agreement, Contractor will strictly adhere to all
applicable Federal and State laws, order, and applicable standards, regulations, interpretations
and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all
applicant/recipient records, papers, documents, tapes and any other materials that have been or may
hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws
and regulations, including, but not limited to the following:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 Title VI of the Civil
Rights Act of 1964, 42 U.S.C. Sections -2000d-1 et. seq. and its implementing regulation, 45
C.F.R. Part 80 et. seq.; and
- all provisions of the Civil Rights Act of 1986 so that no person shall, on the grounds of
race, creed, color, sex, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under the approved Agreement.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulations, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et. seq. and its
implementation regulations, 45 C.F.R. Part 91; and
Title VII of the Civil Rights Act of 1964; and
the Age Discrimination in Employment Act of 1967; and
the Equal Pay Act of 1963; and
the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and
- all regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome
(AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of
1973, as amended, cited above. If necessary, Contractor and the Department will resist in
judicial proceedings any efforts to obtain access to client records except as permitted by 42
C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken
to assure that small and minority businesses are utilized, when possible, as sources of
supplies, equipment, construction and services. This assurance is given in consideration of
and for the purpose of obtaining any all Federal and/or State financial assistance.
- Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks
for all employees, contractors and sub -contractors.
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b. Contractor is further charged with the knowledge that any person who feels that s/he has been
discriminated against has the right to file a complaint either with the Colorado Department of Human
Services or with the United States Department of Health and Human Services, Office for Civil Rights.
c. Contractor assures that it will fully comply with all other applicable Federal and State laws which
may govern the ability of the Department to comply with the relevant funding requirements.
Contractor understands the source of funds to be accessed under the Agreement is Core Services.
d. Contractor assures and certifies that it and its principals:
- Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transaction by a Federal or State department or agency;
and
- have not, within a three-year period preceding this Agreement, been convicted of or
had a civil judgment rendered against them for commission of fraud or criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
Local) transaction or contract under public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property; and
- are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state or local) with commission of any of the offenses enumerated in this
certification; and
- have not, within a three-year period preceding this Agreement, had one or more public
transactions (federal, state, or local) terminated for cause or default.
e. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract. Contract Professional will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or enter into a contract with a subcontractor that fails to certify
with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or
State of Colorado program procedures to undertake pre -employment screening or job applicants while
this Agreement is being performed. If Contract Professional obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts
with an illegal alien Contract Professional shall notify the subcontractor and County within three (3)
days that Contract Professional has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall
not terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contract
Professional shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract
Professional participates in the State of Colorado program, Contract Professional shall, within twenty
days after hiring a new employee to perform work under the contract, affirm that Contract Professional
has examined the legal work status of such employee, retained file copies of the documents, and not
altered or falsified the identification documents for such employees. Contract Professional shall deliver
to County, a written notarized affirmation that it has examined the legal work status of such employee,
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and shall comply with all of the other requirements of the State of Colorado program. If Contract
Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,
County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be
liable for actual and consequential damages.
f. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contract Professional receives federal or state funds under the contract, Contract Professional must
confirm that any individual natural person eighteen (18) years of age or older is lawfully present in
the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears
or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
8. Compliance with Child and Family Services Review
The Child and Family Services Review (CFSR) examines child welfare service outcomes in three areas;
Safety, Permanency and Well Being of families. For each outcome, data and performance indicators
measure each state's performance according to national standards and monitor progress over time.
Following the review, a Program Improvement Plan (PIP) will be implemented for the state to enhance
services to families.
Contractor agrees to continually strive for positive outcomes in the areas of Safety, Permanency and Well
Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under
this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under
the Child and Family Services Review (CFSR), and will address the aforementioned three areas when
completing monthly reports as required by Paragraph 3(d) of this Agreement.
9. Insurance Requirements
Contractor and Department agree that Weld County, the Board of County Commissioners of Weld County,
its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or
omissions of the Contractor, it subcontractor, or their employees, volunteers, or agents while performing
duties described in this Agreement. Contractor shall indemnify, defend and hold harmless Weld County,
the Board of County Commissioners of Weld County, its employees, volunteers and agents.
Contractor shall provide the liability insurances (including professional liability insurances where
necessary) and worker's compensation insurances for all its employees, volunteers, and agents engaged
in the performance of this Agreement which are required under Weld County's Request for Proposal, and
required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the
acceptable evidence that such coverage is in effect within seven (7) days of the date of this Agreement.
At a minimum, Contractor shall procure, either personally or through its employer as applicable to the
Contractor's business, at its own expense, and maintain for the duration of the work, the following
insurance coverage. Weld County, State of Colorado, by and through the Board of County Commissioners
of Weld County, its employees and agents, shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following insurance
covering all operations, goods or services provided pursuant to this request. Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of
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the Agreement, or any extension thereof, and during any warranty period. The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "An/III or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced
before the expiration date thereof, the issuing company shall send written notice to the Weld
County Director of General Services by certified mail, return receipt requested. Such written
notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-
payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess
of a deductible or self -insured retention, County must be notified by the Contractor/Contract
Professional. Contractor/Contract Professional shall be responsible for the payment of any
deductible or self -insured retention. County reserves the right to require Contractor/Contract
Professional to provide a bond, at no cost to County, in the amount of the deductible or self -
insured retention to guarantee payment of claims. The insurance coverages specified in this
Agreement are the minimum requirements, and these requirements do not decrease or limit the
liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at
its own expense, any additional kinds or amounts of insurance that it may deem necessary to
cover its obligations and liabilities under this Agreement.
b. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all
times during the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of Contractor's Contract Professional's employees acting
within the course and scope of their employment. If Contractor is an Independent
Contractor, as defined by the Colorado Worker's Compensation Act, this requirement
shall not apply. Contractor must submit to the Department a Declaration of Independent
Contractor Status Form prior to the start of this agreement.
U. Commercial General Liability Insurance written on ISO occurrence form CG 00
0110/93 or equivalent, covering premises operations, fire damage, independent
Contractors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows:
- $1,000,000 each occurrence;
- $2,000,000 general aggregate;
$50,000 any one fire; and
- $500,000 errors and omissions.
Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident,
and $1,000,000 for property damage applicable to all vehicles operating both on County
property and elsewhere.
iv. Additional Provisions: Policies for all general liability, excess/umbrella liability,
liquor liability and pollution liability must provide the following:
If any aggregate limit is reduce by twenty-five percent (25%) or more
by paid or reserved claims, Contractor shall notify County within ten (10) days
and reinstate the aggregates required;
- Unlimited defense costs in excess of policy limits;
- Contractual liability covering the indemnification provisions of this
Agreement;
- A severability of interests provision;
Waiver of exclusion for lawsuits by one insured against another;
- A provision that coverage is primary; and
A provision that coverage is non-contributory with other coverage or
self-insurance provided by County.
v. For all general liability, excess/umbrella liability, liquor liability, pollution liability
and professional liability policies, if the policy is a claims -made policy, the retroactive
date must be on or before the contract date or the first date when any goods or services
were provided to County, whichever is earlier.
c. Contractors/Contract Professionals shall secure and deliver to County's Risk
Administrator ("Administrator") at or before the time of execution of this Agreement, and shall
keep in force at all times during the term of the Agreement as the same may be extended as
herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the related Bid or Request for Proposal.
d. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this
information to its insurance agent or broker, and shall have its agent or broker provide proof of
Contractor/Contract Professional's required insurance. County reserves the right to require
Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of
insurance as required by the County's Risk Administrator in his sole discretion.
e. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as
an additional insured as follows
f. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer
shall waive subrogation rights against County.
R. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -
vendors, suppliers or other entities providing goods or services required by this Agreement shall
be subject to all of the requirements herein and shall procure and maintain the same coverages
required of Contractor/Contract Professional. Contractor/Contract Professional shall include all
such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors suppliers or other entities upon request by the County.
A provider of Professional Services (as defined in the Bid or RFP) shall provide the following
coverage:
Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and
$2,000,000 aggregate limit for all claims.
10. Certification
Contractor certifies that, at the time of entering into this Agreement, it has currently in effect all
necessary licenses, approvals, insurance, etc., required to properly provide the services and/or supplies
covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the
Contractor prior to the start of any Agreement.
11. Training
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Contractor may be required to attend training that the request of the Department specific to services
provided under this Agreement. The Department will not compensate the Contractor for said training in
the form of registration fees, time spent traveling to and from training, attending the training or any other
associated costs unless otherwise agreed to by the Department.
12. Subpoenas
Contractor will, on behalf of its employees and/or officers, accept any subpoena for testimony from the
Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For
this purpose, Contractor will designate an e-mail address prior to the start of this Agreement. If the
Contractor receives a subpoena via e-mail but will only accept personal service, the Contractor will
contact the Weld County Attorney's Office immediately at 970-352-1551, x6503, and advise that the
subpoena must be personally served.
13. Monitoring and Evaluation
Contractor and the Department agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and the Department. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners, the Department and the
Contractor.
Contractor shall permit the Department, and any other duly authorized agent or governmental agency, to
monitor all activities conducted by the Contractor pursuant to the terms of this Agreement. As the
monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special
analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such
monitoring shall be performed in a manner that will not unduly interfere with the work conducted under
this Agreement.
14. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both parties.
15. Remedies
The Director of Human Services or designee may exercise the following remedial actions should s/he find
the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial
failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by
the Contractor. These remedial actions are as follows:
- Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed.
- Deny payment or recover reimbursement for those services or deliverables, which have
not been performed and which due to circumstances caused by the Contractor cannot be
performed or if performed would be of no value to the Department. Denial of the amount
of payment shall be reasonably related to the amount of work or deliverables lost to the
Department.
- Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation
shall be recovered from Contractor by deduction from subsequent payments under this
Agreement or other agreements between the Department and Contractor, or by the
Department as a debt due to the Department or otherwise as provided by law.
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16. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated representatives
of the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s).
For Department: For Contractor:
Heather Walker, Administrator Patricia Luian, Owner
17. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to
the individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s) or address to whom such notices shall be sent.
For Department:
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
(970) 352-1551
18. Litigation
For Contractor:
Patricia Luian, Owner
721 4th Street
Fort Lupton, Colorado 80621
5303) 502-3241
Contractor shall promptly notify the Department in the event that Contractor learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any Federal or State court or administrative agency, shall deliver copies of such
document(s) to the Director of Human Services. The term "litigation" includes an assignment for the
benefit of creditors, and filings of bankruptcy, reorganization and/or foreclosure.
19. Termination
This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the
individuals identified in paragraph 18. No portion of this Agreement shall be deemed to create an
obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise
appropriated in each succeeding year, as this Agreement is subject to the availability of funding.
Therefore, the Department may terminate this Agreement at any time if the source of funding for the
services made available to the Contractor is no longer available to the Department, or for any other
reason. Contractor reserves the right to suspend services to clients if funding is no longer available.
20. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
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21. Governmental Immunity
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act of 4§24-10-101 et. seq., as applicable now or hereafter amended.
22. Partial Invalidity of Agreement
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held
or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions.
The parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional
or invalid.
23. Improprieties/Conflict of Interest
No officer, member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
The Appearance of Conflict of Interest applies to the relationship of a Contractor with the Department
when the Contractor also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest it is not necessary for the
Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor
know that the two relationships are in opposition. During the term of the Agreement, Contractor shall
not enter into any third party relationship that gives the appearance of creating a conflict of interest.
Upon learning of an existing appearance of a conflict of interest situation, Contractor shall submit to the
Department, a full disclosure statement setting forth the details that create the appearance of a conflict
of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute
grounds for the Department's termination, for cause, of its Agreement with the Contractor.
Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of an Federal contract, loan, grant, or cooperative agreement.
24. Storage, Availability and Retention of Records
Contractor agrees that authorized local, Federal, and State auditors and representatives shall, during
business hours, have access to inspect and copy records, and shall be allowed to monitor and review
through on -site visits, all activities related to this Agreement, supported with funds under this Agreement,
to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
All such records, documents, communications, and other materials created pursuant or related to this
Agreement shall be maintained by the Contractor in a central location and shall be made available to the
Department upon its request, for a period of seven (7) years from the date of final payment under this
Agreement, or for such further period as may be necessary to resolve any matters which may be pending,
or until an audit has been completed with the following qualifications: If an audit by or on behalf of the
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Federal and/or State government has begun but is not completed at the end of the seven (7) year period,
or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until
the resolution of the audit finding.
25. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement except for purposes directly connected with the
administration of Child Protection. No information about or obtained from any applicant/recipient in
possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian unless in accordance with the Contractor's written policy governing access to,
duplication and dissemination of, all such information, in any form, including social networks. Contractor
shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality
requirements.
Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
Contractor shall have its employees, agents, and subcontractors, if any, sign a written confidentiality
agreement and shall provide a copy of such agreement to the Department, if requested.
26. Proprietary Information
Proprietary information for the purposes of this Agreement is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those
of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third
parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither
party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Agreement. Any proprietary
information removed from the Department's site by the Contractor in the course of providing services
under this Agreement will be accorded at least the same precautions as are employed by the Contractor
for similar information in the course of its own business.
27. Independence of Contractor: Not an Employee of Weld County
Contract Professional agrees that it is an independent Contract Professional and that Contract
Professional's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits from County as a result of the execution of this Agreement. Contract Professional shall
perform its duties hereunder as an independent Contract Professional. Contract Professional shall be
solely responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement. Contract Professional, its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through County and County shall not pay for or otherwise
provide such coverage for Contract Professional or any of its agents or employees. Unemployment
insurance benefits will be available to Contract Professional and its employees and agents only if such
coverage is made available by Contract Professional or a third party. Contract Professional shall pay when
due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred
pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to
bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement.
Contract Professional shall have the following responsibilities with regard to workers' compensation and
unemployment compensation insurance matters: (a) provide and keep in force workers' compensation
and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit
provide proof thereof when requested to do so by County.
11
28. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding between the
parties with respect to the subject matter hereof, and may not be changed or modified except as state in
Paragraph 14 herein. This Agreement shall be binding upon the parties hereto, their successors, heirs,
legal representatives, and assigns. The Contractor and the Department may not assign any of its rights or
obligations hereunder without the prior consent of both parties.
29. Agreement Nonexclusive
This Agreement does not guarantee any work nor does it create an exclusive agreement for services.
30. Warranty
The Contractor warrants that services performed under this Agreement will be performed in a manner
consistent with the professional standards governing such services and the provisions of this Agreement.
The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training,
diligence and judgment provided by highly competent individuals and entities that perform services of a
similar nature to those described in this Agreement including Exhibits A, B, C, and D.
31. Acceptance of Services Not a Waiver
Upon completion of the work, the Contractor shall submit to Department originals of all tests and results,
reports, etc., generated during completion of this work. Acceptance by Department of reports and
incidental material(s) furnished under this Agreement shall not in any way relieve the Contractor of
responsibility for the quality and accuracy of the services. In no event shall any action by the Department
hereunder constitute or be construed to be a waiver by the Department of any breach of covenant or
default which may then exist on the part of the Contractor, and the Department's action or inaction when
any such breach or default shall exist shall not impair or prejudice any right or remedy available to the
Department with respect to such breach or default; and no assent, expressed or implied, to any breach of
any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a
waiver of any other breach. Acceptance by the Department of, or payment for, any services performed
under this Agreement shall not be construed as a waiver of any of the Department's rights under this
Agreement or under the law generally.
32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24-50-507
The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. The Contractor has no interest and shall not acquire any interest direct or indirect, which
would in any manner or degree with the performance of the Contractor's services and the Contractor,
shall not employ any person having such known interests. During the term of this Agreement, the
Contractor shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of its
obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may
result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of
the Contractor nor any member of the Contractor's family shall serve on a County Board, committee or
hold any such position which either by rule, practice or action nominates, recommends, supervises
Contract Professional's operations, or authorizes funding to the Contractor.
12
33. Board of County Commissioners of Weld County Approval
This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado.
34. Choice of Law/Jurisdiction
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
35. Subcontractors
Contract Professional acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any
subcontractor agreements for the completion of this project without County's prior written consent, which
may be withheld in County's sole discretion.
36. Attorneys Fees/Legal Costs
In the event of a dispute between County and Contract Professional, concerning this Agreement, the
parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs
incurred by or on its own behalf.
37. Ownership
All work and information obtained by Contract Professional under this Agreement or individual work order
shall become or remain (as applicable), the property of County. In addition, all reports, documents, data,
plans, drawings, records and computer files generated by Contract Professional in relation to this
Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement, whether or not such materials are in completed form,
shall at all times be considered the property of the County. Contract Professional shall not make use of such
material for purposes other than in connection with this Agreement without prior written approval of
County.
38. Interruptions
Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or
otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond
its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
39. Severability
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of
competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
13
IN WITNESS WHEREOF, the parties hereto have duty executed the Agreement as of the day, month, and
year first above written,
Mai
ATTEST: Wastritg&
Weld County Clerk to the Board
By:
Deputy erktothe Board Julie Cozad; Pro—Tem
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CONTRACTORL
Patricia Lujan DBA Done On Time
721 4th Street
Fort Lupton, Colorado 806
(303) 502-3
By:
Date:
14
P
h, Owner
A 1 2016
R®/4 -a76.5
EXHIBIT A
WELD COUNTY'S REQUEST FOR PROPOSAL
Bid No. B1600049
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
DATE: MARCH 9, 2016
PAGES 1-4 OF THIS REQUEST FOR PROPOSAL CONTAIN GENERAL INFORMATION. NOT ALL OF
THE INFORMATION CONTAINED IN PAGES 1-4 MAY BE APPLICABLE. SPECIFICATIONS UNIQUE
TO THIS REQUEST FOR PROPOSAL FOLLOW PAGE 4.
NOTICE TO BIDDERS
A. The Families, Youth and Children's Commission, on behalf of the Weld County
Department of Human Services, by and through the Board of Weld County
Commissioners, wishes to purchase the following:
MONITORED SOBRIETY SERVICES (SOUTH WELD COUNTY)
B. Bids for the stated services will be received by the Weld County Department of
Human Services, Resource Unit, Attn: Tobi Vegter at vegterta@weldgov.com or
P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: FRIDAY,
MARCH 25, 2016, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN
SERVICES, RESOURCE UNIT TIME CLOCK).
II. INVITATION TO BID
A. The Families, Youth and Children's Commission, on behalf of the Weld County
Department of Human Services, by and through the board of Weld County
Commissioners requests bids for the purchase of MONITORED SOBRIETY
SERVICES (SOUTH WELD COUNTY)
B. Bids shall include any and all charges for service(s) applied for by the bidder, and
shall, in every way, be the total net price which the bidder will expect the Board
of County Commissioners of Weld County to pay if awarded the bid.
C. Emailed Bids Are Preferred. Emailed (fully typed) bids are preferred. However,
if the bidder is unable to submit an emailed bid, the bidder must comply with the
requirements set forth in Paragraph II D below. An emailed bid must contain the
following statement: "I hereby waive my right to a sealed bid."
D. Unless the Bid is emailed, one original and one copy of the Bid must be
submitted. One complete bid document, which will be the only official copy of the
bid, shall be filed at the Weld County Department of Human Services, Resource
Unit. After certification of the bid, the other copy will be routed for applicable
review. An e-mail confirmation will be sent when we receive your bid/proposal.
Page 1
Bid No. B1600049
III. INSTRUCTIONS TO BIDDERS
A. Bids shall be typewritten. Each bid must give the full business address of the
bidder and be signed by him with his usual signature. Bids by partnerships must
furnish the full names of all partners and must be signed with the partnership
name by one of the partners of the partnership or by an authorized
representative, followed by the signature and title of the person signing. Bids by
corporations must be signed with the legal name of the corporation, followed by
the name of the state of the incorporation and by the signature and title of the
president, secretary, or other person authorized to bind it in this matter. Bids
submitted by limited liability companies must furnish the full names of all
members and managers and must be signed by a manager or by an authorized
representative, followed by the signature and title of the person signing. The
name of each person signing shall also be typed or printed below the signature. A
bid by a person who affixes to his signature the word "president," "secretary,"
"agent," or other title without disclosing his principal, may be held to be the bid
of the individual signing. When requested, satisfactory evidence of the authority
of the officer signing in hohalf of a corporation shall be fu :hod All corrcctions
or erasures shall be initialed by the person signing the bid. All bidders shall agree
to comply with all of the conditions, requirements, specifications, and/or
instructions of this bid as stated or implied herein. All designations and prices
shall be fully and clearly set forth.
B. Bids may be withdrawn upon written request to the Weld County Department of
Human Services received from bidders prior to the submission deadline.
Negligence on the part of bidder in preparing the bid confers no right for the
withdrawal of the bid after it has been opened.
C. Bidders are expected to examine the conditions, specifications, and all
instructions contained herein. Failure to do so will be at the bidder's risk.
D. Bidders shall not stipulate in their proposals any conditions not contained in the
instructions and specifications herein unless specifically requested by the special
instructions attached hereto. Any proposal which fails to comply with the letter
of the instructions and specifications herein may be rejected.
E. Late or unsigned bids shall not be accepted or considered. It is the responsibility
of the bidder to ensure that the bid arrives in the Weld County Department of
Human Services, Resource Unit, on or prior to the time indicated in Section I.,
entitled "Notice to Bidders."
F. When approximate quantities are stated, Weld County reserves the right to
increase or decrease quantity as best fits its needs.
G. Whenever requested, samples or descriptive matter shall be filed prior to the
opening of bids.
H. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, the
Board of County Commissioners of Weld County will give preference to resident
Weld County bidders in all cases where said bids are competitive in price and
quality. It is also understood that the Board of County Commissioners of Weld
Page 2
Bid No. B1600049
County will give preference to suppliers from the State of Colorado, in accordance
with Section 30-11-110, CRS, when it is accepting bids for the purchase of any
books, stationery, records, printing, lithographing or other supplies for any officer
of Weld County.
All discounts shall be figured from the date of delivery and acceptance of the
articles, or in the case of an incorrect invoice, from the date of receipt of corrected
invoice, if this be subsequent to delivery and acceptance.
J. Substitutions or modifications to any of the terms, conditions, or specifications of
this bid package which are made by Weld County, Colorado, after the bids have
been distributed to prospective bidders, and prior to the date and time of bid
opening, will be made in writing and signed by the Families, Youth and Children's
Commission. No employee of Weld County, Colorado, is authorized in any way to
modify any of the terms, conditions, or specifications of this bid without written
approval of Families, Youth and Children's Commission. This is not to imply that
bids will not be accepted or considered with specifications which are different
from those herein. Any item which does not meet all the terms, conditions, or
specifications of this bid, must be clearly indicated on a separate sheet of paper,
attached to the bid specification and proposal sheets and returned with the bid.
K. The successful bidder shall indemnify and hold harmless Weld County, Colorado,
against all claims for royalties, for patents or suit for infringement thereon, which
may be involved in the manufacture or use of the material to be furnished.
L. Successful bidder certifies, warrants, and agrees that it does not knowingly
employ or contract with an illegal alien who will perform work under this
contract. Successful bidder 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). Successful bidder 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 Successful bidder that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement. Successful bidder 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 Successful bidder obtains
actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an illegal alien
Successful bidder shall notify the subcontractor and County within three (3) days
that Successful bidder has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving notice. Successful bidder shall not terminate
the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with
Page 3
Bid No. B1600049
an illegal alien. Successful bidder shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by
the Colorado Department of Labor and Employment. If Successful bidder
participates in the State of Colorado program, Successful bidder shall, within
twenty days after hiring a new employee to perform work under the contract,
affirm that Successful bidder has examined the legal work status of such
employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Successful bidder shall deliver to
County, a written notarized affirmation that it has examined the legal work
status of such employee, and shall comply with all of the other requirements of
the State of Colorado program. If Successful bidder fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Successful bidder
shall be liable for actual and consequential damages.
rvront wuhoro nvomntorl by forlorn! !nw nnrl except as wide. in C.R.S. A 24
76.5-103(3), if Successful bidder receives federal or state funds under the
contract, Successful bidder must confirm that any individual natural person
eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Successful bidder operates as a sole proprietor,
it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to
federal law, (b) shall produce one of the forms of identification required by C.R.S.
§24-76.5-101, d /
� et seq., and (c) one of the forms of identification
required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
M. All goods shall remain the property of the seller until delivered to and accepted by
Weld County, Colorado.
N. Late or unsigned bids shall not be accepted or considered. Bids received prior to
the time of opening will be kept unopened in a secure place. No responsibility will
attach to the Families, Youth and Children Commission, the Weld County
Department of Human Services, or the Board of Weld County Commissioners, for
the premature opening of a bid not properly addressed and identified.
O. In submitting the bid, the bidder agrees that the acceptance of any and all bids
by the Board of County Commissioners of Weld County within a reasonable time
or period does not constitute a contract. The Board of County Commissioners of
Weld County, Colorado, reserves the right to reject any and all bids, to waive any
informality in the bids, and to accept the bid, or part of a bid, that, in the opinion
of the Board, is in the best interests of the Board and of the County of Weld,
State of Colorado.
Page 4
Bid No. 81600049
P. These instructions, the proposal forms, and specifications have been developed
with the hope of raising the standard of purchasing negotiations to a level wherein
all transactions will be mutually satisfactory. Your cooperation is invited.
Q. Substitutions or modifications to any of the terms, conditions, or specifications of
this which are made by Weld County after the bids have been distributed to
prospective bidders and prior to the date and time of bid opening, will be made in
writing. No employee of Weld County is authorized in any way to modify any of
the terms, conditions, or specifications of this bid without written approval of said
Director of the Weld County Department of Human Services. This is not to imply
that bids will not be accepted or considered with specifications which are different
from those herein. Any item which does not meet all the terms, conditions, or
specifications of this bid, must be clearly indicated on a separate sheet of paper,
attached to the bid specification and proposal sheets and returned with the bid.
IV. General Specifications.
A. Fund Availability: Financial obligations of the Weld County payable after the
current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. By acceptance of the bid, Weld County
does not warrant that funds will be available to fund the contract beyond the
current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should
be transmitted separately from the main bid submittal, clearly denoting in red on
the financial information at the top the word, and "CONFIDENTIAL." However, the
successful bidder is advised that as a public entity, Weld County must comply with
the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and
cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity
Act §§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder
as an independent contractor and not as an employee. He or she shall be solely
responsible for its acts and those of its agents and employees for all acts performed
pursuant to the contract. Neither the successful bidder nor any agent or employee
thereof shall be deemed to be an agent or employee of Weld County. The
successful bidder and its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful
bidder or any of its agents or employees. Unemployment insurance benefits will
be available to the successful bidder and its employees and agents only if such
coverage is made available by the successful bidder or a third party. The successful
bidder shall pay when due all applicable employment taxes and income taxes and
local head taxes (if applicable) incurred pursuant to the contract. The successful
Page 5
Bid No. B1600049
bidder shall not have authorization, express or implied, to bind Weld County to any
agreement, liability or understanding, except as expressly set forth in the contract.
The successful bidder shall have the following responsibilities with regard to
workers' compensation and unemployment compensation insurance matters: (a)
provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, and (b) provide proof
thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable
federal and State laws, rules and regulations in effect or hereafter established,
including without limitation, laws applicable to discrimination and unfair
employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of the
contract. Any provision included or incorporated herein by reference which
conflicts with said laws, rules and/or regulations shall be null and void.
G. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration
by any extra -judicial body or person. Any provision to the contrary in the contract
or incorporated herein by reference shall be null and void.
H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
the enforcement of the terms and conditions of the contract, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in the contract shall give or allow any claim or right of action
whatsoever by any other person not included in the contract. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services nr henefftc under the contract Shall be an incidental
beneficiary only.
Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and
the successful bidder, concerning the contract, the parties agree that Weld County
shall not be liable to or responsible for the payment of attorney fees and/or legal
costs incurred by or on behalf of the successful bidder.
J. Procurement and Performance: The successful bidder agrees to procure the
materials, equipment and/or products necessary for the project and agrees to
diligently provide all services, labor, personnel and materials necessary to perform
and complete the project. The successful bidder shall further be responsible for
the timely completion, and acknowledges that a failure to comply with the
standards and requirements outlined in the Bid within the time limits prescribed
by County may result in County's decision to withhold payment or to terminate this
Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this
Agreement by County, and shall continue for three years. However, the agreement
must be renewed by both parties, in writing, on an annual basis.
Page 6
Bid No. B1600049
L. Termination: County has the right to terminate this Agreement, with or without
cause on thirty (30) days written notice. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the
Agreement.
M. Subcontractors: The successful bidder acknowledges that County has entered into
this Agreement in reliance upon the particular reputation and expertise of the
successful bidder. The successful bidder shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion.
N. Non -Assignment: The successful bidder may not assign or transfer this Agreement
or any interest therein or claim thereunder, without the prior written approval of
County. Any attempts by the successful bidder to assign or transfer its rights
hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of the successful bidder
hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
O. Insurance Requirements.
i. General Requirements: Contractors/Contract Professionals must secure, at or
before the time of execution of any agreement or commencement of any work, the
following insurance covering all operations, goods or services provided pursuant to
this request. Contractors/Contract Professionals shall keep the required insurance
coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. The required insurance shall be underwritten
by an insurer licensed to do business in Colorado and rated by A.M. Best Company as
"A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written
notice to the Weld County Director of General Services by certified mail, return receipt
requested. Such written notice shall be sent thirty (30) days prior to such cancellation
or reduction unless due to non-payment of premiums for which notice shall be sent
ten (10) days prior. If any policy is in excess of a deductible or self -insured retention,
County must be notified by the Contractor/Contract Professional. Contractor/Contract
Professional shall be responsible for the payment of any deductible or self -insured
retention. County reserves the right to require Contractor/Contract Professional to
provide a bond, at no cost to County, in the amount of the deductible or self -insured
retention to guarantee payment of claims. The insurance coverages specified in this
Agreement are the minimum requirements, and these requirements do not decrease
or limit the liability of Contractor/Contract Professional. Contractor/Contract
Professional shall maintain, at its own expense, any additional kinds or amounts of
insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement.
Page 7
Bid No. B1600049
ii. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain
at all times during the term of any Agreement, insurance in the following kinds
and amounts:
(a). Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of Contractor's Contract Professional's employees
acting within the course and scope of their employment. If Contractor is an
Independent Contractor, as defined by the Colorado Worker's Compensation Act,
this requirement shall not apply. Contractor must submit to the Department a
Declaration of Independent Contractor Status Form prior to the start of this
agreement.
(b).
Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
Contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
* $1,000,000 each occurrence;
* $2,000,000 general aggregate;
* $50,000 any one fire; and
* $500,000 errors and omissions.
(c). Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each
accident, and $1,000,000 for property damage applicable to all vehicles operating
both on County property and elsewhere.
(d). Additional Provisions:
* Policies for all general liability, excess/umbrella liability, liquor liability and
pollution liability must provide the following:
* If any aggregate limit is reduce by twenty-five percent (25%) or more by
paid or reserved claims, Contractor shall notify County within ten (10) days and
reinstate the aggregates required;
* Unlimited defense costs in excess of policy limits;
* Contractual liability covering the indemnification provisions of this
Agreement;
* A severability of interests' provision;
* Waiver of exclusion for lawsuits by one insured against another;
* A provision that coverage is primary; and
* A provision that coverage is non-contributory with other coverage or self-
insurance provided by County.
Page 8
Bid No. B1600049
(e). For all general liability, excess/umbrella liability, liquor liability, pollution
liability and professional liability policies, if the policy is a claims -made policy, the
retroactive date must be on or before the contract date or the first date when any
goods or services were provided to County, whichever is earlier.
iii. Contractors/Contract Professionals shall secure and deliver to County's Risk
Administrator ("Administrator") at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability
insurance policy, including public liability and property damage, in form and
company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the related Bid or Request for Proposal.
iv. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this
information to its insurance agent or broker, and shall have its agent or broker
provide proof of Contractor/Contract Professional's required insurance to the
County. County reserves the right to require Contractor/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required
by the County's Risk Administrator in his sole discretion.
v. Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's
insurer shall name County as an additional insured.
vi. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's
insurer shall waive subrogation rights against County.
vii. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverages required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors,
independent contractors, sub -vendors suppliers or other entities as insureds under
its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such
subcontractors, independent contractors, sub -vendors suppliers or other entities
upon request by the County.
Page 9
Bid No. B1600049
A provider of Professional Services (as defined in the Bid or RFP) shall provide the
following coverage:
Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each
claim, and $2,000,000 aggregate limit for all claims.
V. Warranty. The successful bidder shall warrant that:
A. The services to be supplied pursuant to this bid are fit and sufficient for the
purpose intended;
B. The services sold to Weld County, Colorado pursuant to this bid conform to the
minimum Weld County specifications as established herein.
Page 10
Bid No. B1600049
Project Overview:
The Weld County Department of Human Services (WCDHS) is seeking qualified monitored
sobriety services in southern Weld County, with services available in one or more of the
following primary communities: Fort Lupton, Frederick, Firestone, Dacono, Keenesburg,
Lochbuie, Erie, and Longmont.
Qualifications:
To be considered, a bidder must meet the following minimum qualifications:
1) A bidder must demonstrate ability, knowledge and competency to provide monitored
sobriety services to both male and female clientele, who utilize a variety of substances.
Prior experience with Child Welfare clientele is preferred, as well as ability to provide
less common testing options such as Hair Follicle testing and Patch monitoring in
addition to standard Urinalysis and Breathalyzer testing.
2) A bidder must submit a written protocol that clearly outlines collection procedures,
monitoring standards, observation, chain of custody, lab procedures, reporting, and
other pertinent policies and/or procedures.
3) Bidder must demonstrate capacity to successfully administer a randomization process
for monitored sobriety. Bidder should provide sufficient information regarding Bidder's
randomization process for Weld County to clearly understand the process used.
4) A bidder must submit a one page or less cover letter that introduces the bidder, the
bidder's location(s) of practice and target area, his or her experience and qualifications,
and staff, if applicable. A bidder must include current contact information including
physical address, mailing address, phone number, email address and website, if
applicable.
5) A bidder must submit sufficient information concerning each proposed service for Weld
County to evaluate whether or not the bidder meets "minimum qualifications" for all
bidders.
6) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice
that does not directly address the requirements set forth in this Request for Proposal.
Page 11
Bid No. 81600049
7) A bidder must demonstrate the knowledge, training and expertise to conduct the
proposed service(s).
8) A bidder must provide a current resume, as well as proof of licensure, for self and staff
members.
9) Bidder should clearly outline the supervisory structure of staff members and/or
contractors of the bidder. This should include the ratio of supervisor to staff and/or
contractors, frequency and duration of supervision, credentials of supervisor and length
of time as a supervisor.
10) A bidder must demonstrate prior and current capacity to be organized, responsive and
to quickly and successfully schedule services as requested.
11) A bidder must agree to enter into a contract, attached as Exhibit A, with the Weld
County Department of Human Services and comply with all requirements of the
contract.
Contract Period and Pricing:
1) The initial contract period is to be determined and shall continue as allowable by the
funding source, so long as both parties are satisfied. The selected vendor(s) will have
the opportunity resubmit lly
,, to ,��,. ��d� annually.
2) The initial contract will be funded through Core Services Program or Child Welfare
Administration funding, so long as funding is made available.
3) The selected vendor will bill the Weld County Department of Human Services monthly
according to billing requirements set forth by the Weld County Department of Human
Services.
Submittal Requirements for All Proposals:
A bidder must submit according to requirements set forth in this Request for Proposal. All
proposals must contain the following specific information:
1) Demonstrate ability, knowledge and competency to provide monitored sobriety services
to both male and female clientele, who utilize a variety of substances. Prior experience
Page 12
Bid No. B1600049
with Child Welfare clientele is preferred.
2) Include a written protocol that clearly outlines collection procedures, monitoring
standards, observation, chain of custody, lab procedures, reporting, and other pertinent
policies and/or procedures.
3) One page or less cover letter that introduces the bidder, the bidder's location(s) of
practice, his or her experience and qualifications, and staff, if applicable.
4) Sufficient information concerning each proposed service for Weld County to evaluate
whether or not the bidder meets "minimum qualifications" for all bidders.
5) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice
that does not directly address the requirements set forth in this Request for Proposal.
6) Current resume, proof of licensure and copies of applicable training certificates for all
staff members who will manage and/or administer services under this proposal.
7) Supervisory structure of staff members and/or contractors of the bidder. This should
include the ratio of supervisor to staff and/or contractors, frequency and duration of
supervision, credentials of supervisor and length of time as a supervisor.
8) All proposals must demonstrate the bidder has the ability to deliver the services as
proposed, and comply with the specific requirements set forth by the Weld County
Department of Human Services.
9) All proposals must include a clear and concise rate schedule that accurately correlates
to the proposed services and is inclusive of all possible charges related to the proposed
service(s). Bidders should consider rates for partial home studies, full home studies, and
home study updates, as well as rates for associated costs of doing business. The rate
schedule must demonstrate an exact fee for each described service (s). Approximate
rates or a range of rates for a service will not be considered.
10) Each bidder must submit a Standard Certificate of Insurance, or letter of intent from an
insurance company authorized to do business in the State of Colorado stating its
willingness to insure the bidder pursuant to the terms of this Request for Proposal.
Page 13
Bid No. B1600049
Evaluation of Proposals:
All proposals that meet the basic proposal, service and qualification requirements will be
reviewed by the Families, Youth and Children (FYC) Commission. The FYC Commission will
make recommendations to the Board of Weld County Commissioners by and through the Weld
County Department of Human Services. The Weld County Department of Human Services will
make its award of contract to the successful bidders upon final approval of the Board of Weld
County Commissioners.
Page 14
EXHIBIT A
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND
This Agreement, made and entered into the _ day of 2016, 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 Proposal,
Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and
incorporated herein by this reference.
WITNESSETH
WHEREAS, required approval, clearance, and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS, the Colorado Department of Human Services has provided fu'ng to the Department
for
NOW THEREFORE, in consideration of the premises, the part9venant and agree as follows:
1. Term
This agreement shall become effective on upon ecution of this Agreement and shall
expire unless sooner terminated as pro . d herein.' e agreement is for a period of three years.
However, the agreement must be renewed arties, in writing, on an annual basis.
2. Scope of Services
Services shall be provided by the tor t5any person(s) eligible for services in compliance with
Exhibit B, Contractor's Proposaibit C, Scope of Services.
3.
a. Contract run s and will comply with all aspects of the referral authorization, billing and
tracking r ire a as set forth by the Department. Failure to comply with all aspects may result
in a forfei o ment.
b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-
mail address prior to the start of this Agreement. Contractor acknowledges that services are not
authorized until the Contractor has received an authorized referral form from the Department.
Contractor further acknowledges that services provided prior to the authorized start date or outside
the scope of services on the referral form will not be eligible for reimbursement.
Contractor acknowledges that any and all modifications to an existing referral must be approved
through the Department's Resource Manager, Child Welfare Contract and Services Coordinator, or
through a Team Decision Making (TDM) meeting or Family Team Meeting (FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7i" of the month,
following the month of service, utilizing billing forms required by the Department.
1
d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month
following the month of service for each client receiving ongoing services. One-time services will be
verified through receipt of the completed product (ex. psychological evaluation, substance abuse
evaluation). Verification of Monitored Sobriety Services will be the test result.
Contractor will document in detail any and all observed or verbalized concerns regarding any child
whom the Contractor is working with under the Agreement. Areas of concern may include, but are
not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be
reported immediately to the caseworker AND on the required monthly report.
Monthly reports will be submitted through the Department's online reporting system, unless
otherwise directed or agreed to by the Department.
4. Payment
a. The Department and the Contractor agree that all benefits from priv to insurance and/or other
funding sources such as fvledicaid (if Contractor is a Medicaid eligiblezprpv der) or Victim's
Compensation must be exhausted before Core Services or other Departmen funds can be accessed
for services.
b. Payment shall be made in accordance with Exhibit A, e P 's Request for Proposal, Exhibit
B, Contractor's Proposal, Exhibit C, Scope of Service it D, Payment Schedule, attached
hereto and incorporated herein by reference, so long es s is s are rendered satisfactorily and in
accordance with the Agreement.
c. Payment pursuant to this Agreemen w ether in whole or in part, is subject to, and contingent
upon, the continuing availability of said fu fo e purposes hereof.
d. The Department may with ei u ement if Contractor has failed to comply with any part of
the Agreement, including the i a. ral-fv anagement requirements, program objectives, contractual
terms, or reporting requird In the event of forfeiture of reimbursement, Contractor may
appeal such circumstane rIQii g'to the Director of Human Services. The decision of the Director
of Human Services sha
5. Financial
At all times fro' tRe a ective date of the Agreement until completion of the Agreement, Contractor shall
comply with the istrative requirements, cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under this Agreement must conform to the Single Audit Act of 1984 and 0MG Circular A-133.
6. Payment Method
Unless otherwise provided in Exhibit B, Contractor's Proposal, Exhibit C, Scope of Services , and Exhibit D,
Payment Schedule:
a. If services are funded through Core Services, Contractor agrees to accept reimbursement
through ACH direct deposit one time per month.
b. If Contractor is not currently set up with the State of Colorado to accept direct deposit,
Contractor agrees to complete and submit an ACH Form for Colorado Providers, which will be
provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of
2
Colorado per the directions on the form. Failure to complete and submit this form in a timely and
accurate manner may result in a delay of payment.
c. Contractor agrees to accept payment through county warrant when funding source does not
allow for direct deposit.
7. Compliance with Applicable Laws
a. At all times during the performance of this Agreement, Contractor will strictly adhere to all
applicable Federal and State laws, order, and applicable standards, regulations, interpretations
and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all
applicant/recipient records, papers, documents, tapes and any other materials that have been or may
hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws
and regulations, including, but not limited to the following:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 20 d-1 Title VI of the Civil
Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and ementing regulation, 45
C.F.R. Part 80 et. seq.; and
- all provisions of the Civil Rights Act of 1986 so
race, creed, color, sex, or national origin, be exd
benefits of, or be otherwise subjected to d,
- Section 504 of the Rehabilitation Act
implementing regulations, 45 C.F.art 84;
- the Age Discrimination Act o
implementation regulatio 45 C.F.RPart 91; and
- Title VII of the ^'-+'ts A of 1964; and
- the Age ' criir a'o- in Employment Act of 1967; and
- the Pa ct of 1963; and
ation Amendments of 1972; and
gration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and
n shall, on the grounds of
participation in, be denied the
under the approved Agreement.
9 U.S.C. Section 794, and its
U.S.C. Section 6101 et. seq. and its
- all regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome
(AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of
1973, as amended, cited above. If necessary, Contractor and the Department will resist in
judicial proceedings any efforts to obtain access to client records except as permitted by 42
C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken
to assure that small and minority businesses are utilized, when possible, as sources of
supplies, equipment, construction and services. This assurance is given in consideration of
and for the purpose of obtaining any all Federal and/or State financial assistance.
- Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks
for all employees, contractors and sub -contractors.
3
b. Contractor is further charged with the knowledge that any person who feels that s/he has been
discriminated against has the right to file a complaint either with the Colorado Department of Human
Services or with the United States Department of Health and Human Services, Office for Civil Rights.
c. Contractor assures that it will fully comply with all other applicable Federal and State laws which
may govern the ability of the Department to comply with the relevant funding requirements.
Contractor understands the source of funds to be accessed under the Agreement is Core Services.
d. Contractor assures and certifies that it and its principals:
- Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transaction by a Federal or State department or agency;
and
- have not, within a three-year period preceding this Agreem nt, been convicted of or
had a civil judgment rendered against them for commission of fr ud or criminal offense in
connection with obtaining, attempting to obtain, or perfor ublic (Federal, State or
Local) transaction or contract under public transaction• violation o deral or state antitrust
statutes or commission of embezzlement_ theft. fnraer riper, falsification or destruction
of records, making false statements, or receiving stoles Net; and
- are not presently indicted for or othe
entity (federal, state or local) with commi
certification; and
- have not, within a three -ye
transactions (federal, state, or loc
gaily or civilly charged by a government
nyltif the offenses enumerated in this
d preceding this Agreement, had one or more public
ter, jitnated for cause or default.
e. Public Contracts for Serv' R'S, Sf7.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowiig E ipioy- r contract with an illegai alien who will perform work under
this contract. Contract Pro A i I will confirm the employment eligibility of all employees who are
newly hired for empi a 11S4h� United States to perform work under this Agreement, through
participation in the E-Vegram or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(catra rofessional shall not knowingly employ or contract with an illegal alien to
perform wor un �greement or enter into a contract with a subcontractor that fails to certify
with Contr t r e onal that the subcontractor shall not knowingly employ or contract with an illegal
alien to p rk under this Agreement. Contract Professional shall not use E -Verify Program or
State of Colorado- rogram procedures to undertake pre -employment screening or job applicants while
this Agreement is being performed. If Contract Professional obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts
with an illegal alien Contract Professional shall notify the subcontractor and County within three (3)
days that Contract Professional has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall
not terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contract
Professional shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract
Professional participates in the State of Colorado program, Contract Professional shall, within twenty
days after hiring a new employee to perform work under the contract, affirm that Contract Professional
has examined the legal work status of such employee, retained file copies of the documents, and not
altered or falsified the identification documents for such employees. Contract Professional shall deliver
to County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Contract
Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,
County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be
liable for actual and consequential damages.
f. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contract Professional receives federal or state funds under the contract, Contract Professional must
confirm that any individual natural person eighteen (18) years of age or older is lawfully present in
the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears
or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
8. Compliance with Child and Family Services Review
The Child and Family Services Review (CFSR) examines child welfare service out rnes in three areas;
Safety, Permanency and Well Being of families. For each outcomp�a6tt and performance indicators
measure each state's performance according to national standard
Following the review, a Program Improvement Plan (PIP) will
services to families.
tor progress over time.
ted for the state to enhance
Contractor agrees to continually strive for positive ouhe areas of Safety, Permanency and Well
Being. Contractor will ensure that any employ r subcori"actor of Contractor providing services under
this Agreement will work towards positive o o in the aforementioned three areas as outlined under
the Child and Family Services Review (CFSR), an ill dress the aforementioned three areas when
completing monthly reports as required%Paragr 3(d) of this Agreement.
9. Insurance Requirements
Contractor and Departme
its officers and employees
omissions of the Con
duties described inthi
the Board of C
eld County, the Board of County Commissioners of Weld County,
be held liable for injuries or damages caused by any negligent acts or
bcontractor, or their employees, volunteers, or agents while performing
ent. Contractor shall indemnify, defend and hold harmless Weld County,
issioners of Weld County, its employees, volunteers and agents.
Contractor shall p the liability insurances (including professional liability insurances where
necessary) and worker's compensation insurances for all its employees, volunteers, and agents engaged
in the performance of this Agreement which are required under Weld County's Request for Proposal, and
required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the
acceptable evidence that such coverage is in effect within seven (7) days of the date of this Agreement.
At a minimum, Contractor shall procure, either personally or through its employer as applicable to the
Contractor's business, at its own expense, and maintain for the duration of the work, the following
insurance coverage. Weld County, State of Colorado, by and through the Board of County Commissioners
of Weld County, its employees and agents, shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following insurance
covering all operations, goods or services provided pursuant to this request. Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of
5
the Agreement, or any extension thereof, and during any warranty period. The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced
before the expiration date thereof, the issuing company shall send written notice to the Weld
County Director of General Services by certified mail, return receipt requested. Such written
notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-
payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess
of a deductible or self -insured retention, County must be notified by the Contractor/Contract
Professional. Contractor/Contract Professional shall be responsible for the payment of any
deductible or self -insured retention. County reserves the right to require Contractor/Contract
Professional to provide a bond, at no cost to County, in the amount of the deductible or self -
insured retention to guarantee payment of claims. The insurance coverages specified in this
Agreement are the minimum requirements, and these requirements do not decrease or limit the
liability of Contractor/Contract Professional. Contractor/Contract Pr fessional shall maintain, at
its own expense, any additional kinds or amounts of insurance that i1rnay deem necessary to
cover its obligations and liabilities under this Agreement.
b. Types of Insurance: Contractor/Cnnrrart Prnnfec�gf _na�l shall nhr&in and maintain at an
times during the term of any Agreement, insurance in the ItlW' Inds and amounts:
i. Workers' Compensation Insur AE s uired by state statute, and Employer's
Liability Insurance covering all of Con actor' oiftract Professional's employees acting
within the course and scope of their a to nt. If Contractor is an Independent
Contractor, as defined by thrado r er's Compensation Act, this requirement
shall not apply. Contractor usU tibmit to the Department a Declaration of Independent
Contractor Status Form prior art of this agreement.
ii. Commer NrIbility Insurance written on ISO occurrence form CG 00
01 10/93 ore-ur ie' ,-covering premises operations, fire damage, independent
Contractors, pi r and completed operations, blanket contractual liability, personal
injury, a dnad/ t1tiog'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.
Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident,
and $1,000,000 for property damage applicable to all vehicles operating both on County
property and elsewhere.
iv. Additional Provisions: Policies for all general liability, excess/umbrella liability,
liquor liability and pollution liability must provide the following:
If any aggregate limit is reduce by twenty-five percent (25%) or more
by paid or reserved claims, Contractor shall notify County within ten (10) days
and reinstate the aggregates required;
Unlimited defense costs in excess of policy limits;
Contractual liability covering the indemnification provisions of this
Agreement;
A severability of interests provision;
Waiver of exclusion for lawsuits by one insured against another;
- A provision that coverage is primary; and
A provision that coverage is non-contributory with other coverage or
self-insurance provided by County.
v. For all general liability, excess/umbrella liability, liquor liability, pollution liability
and professional liability policies, if the policy is a claims -made policy, the retroactive
date must be on or before the contract date or the first date when any goods or services
were provided to County, whichever is earlier.
c. Contractors/Contract Professionals shall secure and deliver to County's Risk
Administrator ("Administrator") at or before the time of execution of this Agreement, and shall
keep in force at all times during the term of the Agreement as the same may be extended as
herein provided, a commercial general liability insurance policy, incl ding public liability and
property damage, in form and company acceptable to and approve y said Administrator,
covering all operations hereunder set forth in the related Bid or ReQ st for Proposal.
d. Proof of Insurance: Contractor/Contract Profes
information to its insurance agent or broker, and shall ha
Contractor/Contract Professional's required insuran
Contractor/Contract Professional to provide a
insurance as required by the County's Risk Adrjinistra
on��shall rovide a copy of this
""Mge or broker provide proof of
eserves the right to require
insurance, a policy, or other proof of
his sole discretion.
e. Additional Insureds: For gengya'l liability, cess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, C
an additional insured as follows
f. Waiver of Subro
shall waive subrogation County.
r/Contract Professional's insurer shall name County as
at ti Pd��Ijc`coverages, Contractor/Contract Professional's insurer
g. Subcont for contractors, subcontractors, independent contractors, sub -
vendors, suppliers entities providing goods or services required by this Agreement shall
be subject toll th quirements herein and shall procure and maintain the same coverages
required f Cd" t c /Contract Professional. Contractor/Contract Professional shall include all
such co a - ors, independent contractors, sub -vendors suppliers or other entities as insureds
unde oli es or shall ensure that all subcontractors maintain the required coverages.
Contract ntract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors suppliers or other entities upon request by the County.
A provider of Professional Services (as defined in the Bid or RFP) shall provide the following
coverage:
Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and
$2,000,000 aggregate limit for all claims.
10.
Certification
Contractor certifies that, at the time of entering into this Agreement, it has currently in effect all
necessary licenses, approvals, insurance, etc., required to properly provide the services and/or supplies
covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the
Contractor prior to the start of any Agreement.
11.. Training
7
Contractor may be required to attend training that the request of the Department specific to services
provided under this Agreement. The Department will not compensate the Contractor for said training in
the form of registration fees, time spent traveling to and from training, attending the training or any other
associated costs unless otherwise agreed to by the Department.
12. Subpoenas
Contractor will, on behalf of its employees and/or officers, accept any subpoena for testimony from the
Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For
this purpose, Contractor will designate an e-mail address prior to the start of this Agreement. If the
Contractor receives a subpoena via e-mail but will only accept personal service, the Contractor will
contact the Weld County Attorney's Office immediately at 970-352-1551, x6503, and advise that the
subpoena must be personally served.
13. Monitoring and Evaluation
Contractor and the Department agree that monitoring and evaluation of1tregt rformance of this
Agreement shall be conducted by the Contractor and the Department. The res of the monitoring and
evaluation shall be provided to the Rnard of Weld County rnm miccin'� the nop,rtment ,.,,d the
- r
Contractor. ....--a --g--�_.... _..- _.... -.._
Contractor shall permit the Department, and any other t ized agent or governmental agency, to
monitor all activities conducted by the Contractor purs ant to a erms of this Agreement. As the
monitoring agency may in its sole discretion deem nece ry ppropriate, such program data, special
analyses, on -site checking, formal audit examin ons, or a other reasonable procedures. All such
monitoring shall be performed in a manner t t wjNnot unduly interfere with the work conducted under
this Agreement.
14. Modification of Agreemen
All modifications to this Agree
15. Remedies
The Director of Human
the Contractor,
failure to satis
the Contractor. T
Mbe in writing and signed by both parties.
ce3 or designee may exercise the following remedial actions should s/he find
ly failed to satisfy the scope of work found in this Agreement. Substantial
pe of work shall be defined to mean incorrect or improper activities or inaction by
remedial actions are as follows:
- Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed.
- Deny payment or recover reimbursement for those services or deliverables, which have
not been performed and which due to circumstances caused by the Contractor cannot be
performed or if performed would be of no value to the Department. Denial of the amount
of payment shall be reasonably related to the amount of work or deliverables lost to the
Department.
- Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation
shall be recovered from Contractor by deduction from subsequent payments under this
Agreement or other agreements between the Department and Contractor, or by the
Department as a debt due to the Department or otherwise as provided by law.
8
For Department:
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
(970) 352-1551
18. Litigation
Contractor shall promptly notify the Departme
litigation in which it is a party defendant in a
Contractor, within five (5) calendar days after b
which has been filed in any Federal or S
document(s) to the Director of Hu
benefit of creditors, and filings of >T ,jy'tptcy,
19. Termination
This Agreement may
individuals identified i
obligation on t
appropriated in
Therefore, the De
16. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated representatives
of the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s).
For Department:
Heather Walker, Administrator
17. Notice
For Contractor:
CONTRACTOR, TITLE
All notices required to be given by the parties hereunder shall be given by certified or registered mail to
the individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s) or address to whom such notices shall be sent. amok
For Contractor:
the eve " that Contractor learns of any actual
t involves services provided under this Agreement.
ed with a summons, complaint, or other pleading
administrative agency, shall deliver copies of such
he term "litigation" includes an assignment for the
eorganization and/or foreclosure.
ed at any time by either party giving thirty (30) days written notice to the
ph 18. No portion of this Agreement shall be deemed to create an
e County of Weld, State of Colorado, to expend funds not otherwise
deeding year, as this Agreement is subject to the availability of funding.
ent may terminate this Agreement at any time if the source of funding for the
services made available to the Contractor is no longer available to the Department, or for any other
reason. Contractor reserves the right to suspend services to clients if funding is no longer available.
20. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
21. Governmental Immunity
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of
9
any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act of §§24-10-101 et. seq. as applicable now or hereafter amended.
22. Partial Invalidity of Agreement
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held
or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions.
The parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional
or invalid.
23. Improprieties/Conflict of Interest
No officer, member or employee of Weld County and no member of their go rning bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proce ds thereof.
The Appearance of Conflict of Interest applies to the relationship of a Contracto ith the Department
when the Contractor also maintains a relationship with a third pa�' xctd the two relatinnshina are in
opposition. In order to create the appearance of a conflict of intere9 ~iitis4 necessary for the
Contractor to gain from knowledge of these opposing interelsrilynecessary that the Contractor
know that the two relationships are in opposition. Duri e of the Agreement, Contractor shall
not enter into any third party relationship that gives th n of creating a conflict of interest.
Upon learning of an existing appearance of a conflict o i ere isituation, Contractor shall submit to the
Department, a full disclosure statement settin rth the . e ails that create the appearance of a conflict
of interest. Failure to promptly submit a disci ur tatement required by this paragraph shall constitute
grounds for the Department's termination, for its Agreement with the Contractor.
Contractor certifies that Federal ap aT, ds have not been paid or will be paid, by or on behalf of
Contractor, to any person for influ ci ora 5empting to influence an officer or employee of an agency,
a Member of Congress, an offi 0 r�loyee of Congress, or an employee of a Member of Congress in
connection with the award' or ny{¢etlerai contract, the making of any Federal grant, the making of any
Federal loan, the entering in y cooperative agreement, and the extension, continuation, renewal,
amendment, or modifjigq n Federal contract, loan, grant, or cooperative agreement.
24. Store
ity and Retention of Records
Contractor agreestivi authorized local, Federal, and State auditors and representatives shall, during
business hours, have access to inspect and copy records, and shall be allowed to monitor and review
through on -site visits, all activities related to this Agreement, supported with funds under this Agreement,
to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
All such records, documents, communications, and other materials created pursuant or related to this
Agreement shall be maintained by the Contractor in a central location and shall be made available to the
Department upon its request, for a period of seven (7) years from the date of final payment under this
Agreement, or for such further period as may be necessary to resolve any matters which may be pending,
or until an audit has been completed with the following qualifications: If an audit by or on behalf of the
Federal and/or State government has begun but is not completed at the end of the seven (7) year period,
or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until
the resolution of the audit finding.
10
25. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement except for purposes directly connected with the
administration of Child Protection. No information about or obtained from any applicant/recipient in
possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian unless in accordance with the Contractor's written policy governing access to,
duplication and dissemination of, all such information, in any form, including social networks. Contractor
shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality
requirements.
Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
Contractor shall have its employees, agents, and subcontractors, if any, sign written confidentiality
agreement and shall provide a copy of such agreement to the Department, if quested.
26. Proprietary Information
Proprietary information for the purposes of this Agreement is info toT lating to a party's research,
development, trade secrets, business affairs, internal operate nagement procedures and those
of its customers, clients or affiliates, but does not includ on (1) lawfully obtained from third
parties, (2) that which is in the public domain, or (3) th whit veloped independently. Neither
party shall use or disclose directly or indirectly without 'or ten authorization any proprietary
information concerning the other party obtain s a resu this Agreement. Any proprietary
information removed from the Department' to the Contractor in the course of providing services
under this Agreement will be accorded at least - s e precautions as are employed by the Contractor
for similar information in the course of ess.
27. Independence of Contra c4Fir: (}ibt an"Employee of Weld County
Contract Professional agr tha f't�aWindependent Contract Professional and that Contract
Professional's officers, agen proyees will not become employees of County, nor entitled to any
employee benefits fr n s a result of the execution of this Agreement. Contract Professional shall
perform its dutie er an independent Contract Professional. Contract Professional shall be
solely respons' e o 'ts cts and those of its agents and employees for all acts performed pursuant to
this Agreemen tr t Professional, its employees and agents are not entitled to unemployment
insurance or worke ompensation benefits through County and County shall not pay for or otherwise
provide such coverage for Contract Professional or any of its agents or employees. Unemployment
insurance benefits will be available to Contract Professional and its employees and agents only if such
coverage is made available by Contract Professional or a third party. Contract Professional shall pay when
due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred
pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to
bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement.
Contract Professional shall have the following responsibilities with regard to workers' compensation and
unemployment compensation insurance matters: (a) provide and keep in force workers' compensation
and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit
provide proof thereof when requested to do so by County.
28. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding between the
parties with respect to the subject matter hereof, and may not be changed or modified except as state in
11
Paragraph 14 herein. This Agreement shall be binding upon the parties hereto, their successors, heirs,
legal representatives, and assigns. The Contractor and the Department may not assign any of its rights or
obligations hereunder without the prior consent of both parties.
29. Agreement Nonexclusive
This Agreement does not guarantee any work nor does it create an exclusive agreement for services.
30. Warranty
The Contractor warrants that services performed under this Agreement will be performed in a manner
consistent with the professional standards governing such services and the provisions of this Agreement.
The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training,
diligence and judgment provided by highly competent individuals and entities that perform services of a
similar nature to those described in this Agreement including Exhibits A, B, C,,and D.
31. Acceptance of Services Not a Waiver ss
Upon completion of the work. the Contractor shall submit to nenart%Ant nriainalc of ?I! tests ?nd results,
reports, etc., generated during completion of this work. Acceptanc�'le. "tte rtment of reports and
incidental material(s) furnished under this Agreement shall n y relieve the Contractor of
responsibility for the quality and accuracy of the service nt shall any action by the Department
hereunder constitute or be construed to be a waiver b he De rt ent of any breach of covenant or
default which may then exist on the part of the Contract an he Department's action or inaction when
any such breach or default shall exist shall not im air or pr dice any right or remedy available to the
Department with respect to such breach or d au nd no assent, expressed or implied, to any breach of
any one or more covenants, provisions or con ns D 4he Agreement shall be deemed or taken to be a
waiver of any other breach. Acceptance the De rtment of, or payment for, any services performed
under this Agreement shall not be waiver of any of the Department's rights under this
Agreement or under the law gene iy-
32. Employee Financi4Jnte. st45 flict of Interest. C.R.S. §§24-18-201 et seq. and §24-50-507
The signatories to thi em t aver that to their knowledge, no employee of Weld County has any
personal or benef ial r. hatsoever in the service or property which is the subject matter of this
Agreement. T o r has no interest and shall not acquire any interest direct or indirect, which
would in any n.:r ,d�l3 egree with the performance of the Contractor's services and the Contractor,
shall not employ ati erson having such known interests. During the term of this Agreement, the
Contractor shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of its
obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may
result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of
the Contractor nor any member of the Contractor's family shall serve on a County Board, committee or
hold any such position which either by rule, practice or action nominates, recommends, supervises
Contract Professional's operations, or authorizes funding to the Contractor.
33. Board of County Commissioners of Weld County Approval
This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado.
12
34. Choice of Law/Jurisdiction
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
35. Subcontractors
Contract Professional acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any
subcontractor agreements for the completion of this project without County's prior written consent, which
may be withheld in County's sole discretion.
36. Attorneys Fees/Legal Costs
In the event of a dispute between County and Contract Professionalsconcerninghis Agreement, the
parties agree that each party shall be responsible for the payme tb torney fees and/or legal costs
incurred by or on its own behalf.
37. Ownership
All work and information obtained by Contract
shall become or remain (as applicable), the p
plans, drawings, records and computer fi
Agreement and all reports, test results and
connection with the performance of thi
shall at all times be considered the
material for purposes other tha `i nect
County.
38. Interruptions
Professi•�,. ,- r this Agreement or individual work order
rty of Coty. In addition, all reports, documents, data,
rated by Contract Professional in relation to this
tangible materials obtained and/or produced in
, whether or not such materials are in completed form,
County. Contract Professional shall not make use of such
on with this Agreement without prior written approval of
Neither party to is A t shall be liable to the other for delays in delivery or failure to deliver or
otherwise to p or obligation under this Agreement, where such failure is due to any cause beyond
its reasonable rol ncluding but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental ac
39. Severability
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of
competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
13
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board , Chair
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected Official or Department Head
APPROVED AS TO FORM:
Director of General Servi
County Attorney
4\4%
P
14
CONTRACTOR
Contr
Net
EXHIBIT A
WELD COUNTY'S REQUEST FOR PROPOSAL
THIS PAGE INTENTIONA T BLANK
EXHIBIT B
CONTRACTOR'S PROPOSAL
THIS PAGE INTENTIONA
(Ce
ikX
EXHIBIT C
SCOPE OF SERVICES
A
+\'
THIS PAGE INTENTIONA t{ T BLANK
EXHIBIT D
PAYMENT SCHEDULE
THIS PAGE INTENTIONA 4, T BLANK
EXHBIT B
CONTRACTORS PROPOSAL
Drug Testing
Monday, June 13, 2016
9 DRUG TEST
no O i
c.
DRUG & ALCOHOL TESTING
721 4th St, Fort Lupton, CO 80621
(P) 303.502.3241
(F) 303.502.3267
Contents
1. INTRODUCTION
1.2 QUALIFICATIONS
1.3 MISSION
2.1 POLICY & PROCEDURE
2.2 CLIENT PROCESS
2.2 Done On Time's Procedure
3. PRICING
4. INSURANCE
1. INTRODUCTION
Since 2008, Done On Time has been successfully drug and alcohol testing in the Oilfield and Pipeline industry
throughout the northeastern counties of Colorado. This family business was started by a Daughter (Trish
Lujan) and Mother (Bernice Roth) to fill a need in the Oil and Gas industry in the Brighton and Fort Lupton
area. Quality of service and accurate results allowed this small family business to continue to grow.
Done On Time started out as a mobile business to meet our clients needs of flexibility and convenience of
providing our services on site as needed. After years on the road and to allow our organization to grow and
flourish the business now has a home in Fort Lupton, Colorado. The office allows Done On Time to provide a
clean and efficient environment for our clients that don't have the need to conduct testing on site but continues
to support the mobile clients as needed. We also allow flexibility in our hours upon request from our clients.
We pride ourselves on the quality of work which has allowed our company to grow to where we are today.
Done On Time's goal is to continue to the level of service to all industries in the northeastern region of
Colorado.
1.2 QUALIFICATIONS
Done on Time hold certifications in alcohol, drug, hair, and swab/saliva testing from Kristina Consulting Group
(KCG) Drug Alcohol Solutions. We continue to further our training in testing to meet the needs of all of our
customers requests and demands.
The owner Trish Lujan, holds a Degree in Behavioral Science from Metro State University and is working on
Certified Addiction Counselor (CAC) I, II, II classes.
1.3 MISSION
Provide anyone with the need of a drug or alcohol testing with reliable, quick and easy testing while treating
every client with the dignity and respect every human being deserves.
2.1 POLICY & PROCEDURE
The following sections will describe the client process (providing the sample) and Done On Time's procedure
of processing the sample.
2.2 CLIENT PROCESS
n
Arrivals .
Identity
Verification
security
Sanitize
Sample
Sanitize!
a was a err Sr �►
Receipt
Departure
tea
1. Arrival - Upon arrival all clients will be greeted by the welcome staff to go over the testing process in
detail
2. Identity Verification - All clients must have a photo ID or a picture in the Sentry system in order to verify
a positive identification
3. Security - Clients beiongings are removed from their pockets, searched, and items are secured in a
separate location from the sampling and processing
4. Sanitize - Staff and Clients will wash their hands
5. Sample - Clients will be given a male/female bag kit, a staff monitor of the same sex in order for the
sample to be given
6. Collect Sample - Samples will be kept in the client's possession (only females will transfer from the
larger cup to the single container) until it is sealed with a <spell out acronym> (CCF) strip that contains;
the date, and client's initials. The Client will place the sample provided into the collection bag and
watch the collector seal the bag.
7. Sanitize - Staff and Clients will wash their hands
8. Receipt - A receipt with the CCF identification number and date of test will be given to the Client
9. Departure - The Client can collect their belongings and have completed their testing
2.2 DONE ON TIME'S PROCESS
Process•
Collected•
Sample's
Monitory
011..110011.1.
Closes'
1. Collect Sample - Samples will be kept in the client's possession (only females will transfer from the
larger cup to the single container) until it is sealed with a <spell out acronym> (CCF) strip that contains;
the date, and client's initials. The Client will place the sample provided into the collection bag and
watch the collector seal the bag.
2. Shipment - The Client's sealed collection bag is then placed into a FedEx Clinical Pak, which is sent out
daily at 3pm to guarantee results by the following business day
3. Monitor - Done On Time will monitor their internal system or Sentry to verify the results have been
entered into the designated system. If additional follow-up is needed regarding results or delivery Done
On Time will contact directly as needed.
4. Close - After the results have been recorded to the designated system the transaction is closed.
3. PRICING
Below are the prices for our current testing types based on lab facility pricing but these prices are subject to
change as facility rates change. Before pricing adjustments are made at Done On Time, a 30 day notice will
be provided to our Clients.
! 8 Panel UA $15.00
Breathalyzer
$5.00
I Hair
Oral Swab *
5125.00
$45.00
If a kit and form are provided by a testing
facility, additional discounts may apply
4. INSURANCE
Below is Done On Time's insurance verification.
ACORD
CERTIFICATE OF LIABILITY INSURANCE
OAR lummo'T.YII
06/1312016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, ED TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, Me policy(los) must have ADDITIONAL INSURED provisions or be endorsed.
H SUBROGATION IS WAIVED, subject to the trtms and conditions of Ms policy, certain policies may require an endorsement A statement on
this ceHJficale does not confer rights to the certificate holder In lieu of such endorsement(s).
mecoucte
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REVISION NUMBER:
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INNCATED NOIHTHSTANOLYG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP CT TO WHICH THIS
CERTIRCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 0 All THE TERMS.
. tCLUSIONS AND CCNOTONS OF SUCH POLICIES. CHITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAImanMS
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CANCELLATION
Vat, COUNTY HUMAN RESOURCES
SHOULD ANYCF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE TNEREOF. NOTICE WED. BE DELNERED IN
AeebnDAMeE'MTn THE POLICY PR/%%/O��TTWIOHB.
ALIT OWILO RFIINTAINE
ACORD 2$ (2015/931
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The ACOItO name and logo . Istered marks of ACO
SW140 HMO 011.7014
TRISH LUJAN
100 M.lftr A de: Los ' drgnron. 'CO 306o: 30361, 8 ;7 h tinny,,rr,•_Pgrr,dd•_m
SKILLS PROFILE
- Excellent verbal and written communication skills
Ability to follow instructions and complete tasks in a professional and timely manner
independently
- Excellent interpersonal communication skills, and the ability to handle stress.
Positive attitude with the willingness for flexibility and change.
Excellent leadership and time management skills
Familiar with OSHA, HIPAA, Medical Asepsis
- Experienced working with Microsoft Office (Word, Excel, Outlook)
Certifications
o Cardiopulmonary Resuscitation (CPR)
o Firs( Aid
o Certified Nursing Assistant (CNA)
o Medication Administration Person (QMAP)
EMPLOYMENT HISTORY
Done on Time LLC
Fort Lupton, CO
Certified drug -and alcohol collector
6/1/2008 — Current
Test Clients Accurately, Accounting, Court Reporting. Testifying in Court, and Case management
- Knowledge of laws and codes, drug test clients for court, DOT, and Non DOT, accounting,
monitoring clients
Maintain tests supplies
- Log Urinalysis WA) results into company system
Ensure the UAs are logged and sent off in a timely manner
- Communicate with referral agencies of results
Randomly schedule and oversee program UAs
Submit reports and documentation before the Court and District Attorney or referring agencies
Maintains current and accurate records and probation notes as established by department policy
Inglenook at Brighton
2/1/2013 -
3/20/2015
Brighton, CO
- One on one caregiver
- Provide personal care assistance and adherence to a strict daily schedule consisting of
daily hygiene care, incontinence care, meal preparation, medication administration, and
Page 1
TRISH LUJAN
too Miller Ave ,3205 I Sipghton, r-? 3s6ot X03 659 83o7 ! to .hiv;a n in@gmwI Corn
assistance with daily physical therapy.
Schedule home visits for physician assistants, home health care nurses, and weekly
physical therapy sessions.
- Provide loving companionship with client, and maintain strong dialog with the family
through excellent communication with Clients' family.
Detailed record keeping regarding the health or physical changes or needs of my Client.
EDUCATION
Metropolitan State University of Denver
o Bachelors In Behavioral Science, with an emphasis in Psychology
Graduated 12/2013
Page 2
10SE L HERNANDEZ Al
1581 Midland St. Brighton, CO 80601 Cell 720-366-6302 Iayhernandez2005@hotmail.com
SUMMARY OF QUALIFICATIONS
Six years Office Administrative and Clerical Support
Handling confidential material
Word
Accounting software
Microsoft Office
Lotus Notes
Presentations
Planning
Quick Books
M2M
Excellent phone and interpersonal skills
EMPLOYMENT HISTORY
Reliable
Dependable
Dedicated
Attention to Detail
Able to multitask
Time management
Typing 15wpm
General Ledger
Great organizational skills
Career minded
Accounts Payable Administrator- Leed Fabrication (promoted after 9 months from an assembler)
April 2011 -May 2013
• Accounts. Payable for over 100 -vendors
• Accurate record keeping
• Accounts receivables making en vendor due date
sure .. :C.. � payments were made before
• Scheduled and determined Accounts to be paid depending on amount, adjustments and credits
• Tight schedule management and records for company meetings
Office Manager — Majo's Bar
August 2009 -May 2011
• Liquor Purchasing
• Scheduling shifts
• Hiring and releasing employees
• Light maintenance
• Created dress code for all employees to keep our company presentable
Office Manager, Nytis Exploration Inc. Denver, CO
August 2007- August 2009
• Manage operation and maintenance of office equipment , maintain appropriate
quantities of business supplies and maintain cost records and supply sources for all business
supplies
• Perform administrative tasks such as distributing the mail, scheduling meetings, order meals
for board meetings
108E L NENNINNEZ IN
• Manage company bank accounts, deposit checks and reconcile monthly bank statements
Facilities Clerk, TransMontaigne Inc. Denver, CO
May 2005- August 2007
• Order office supplies, develop and maintain relationships with vendors as well as coordinate
office equipment maintenance and repair
• Sorting and delivering mail for an office with over two hundred employees
• Provide backfill for reception desk as well as clerical projects on an as needed basis
Driver, DHL Aurora, CO
January 2000 -May 2005
• Receive daily packages from warehouse, load and unload van, deliver packages as well as pick
packages from clients and return them to the DHL shipping facility
Accounts Manager/Assistant Manager, Mr. Steve's Rent to Own FL Lupton, CO
June 1996 -January 2000
• Handle daily store operations, create rental contracts, receive payments and maintain
customer relations
• Verify and submit to Corporate weekly employee payroll and daily deposits
EDUCATION
• P.SJ.A High School Graduate
• Aims Community College 2 years
REFERENCES
• Harold Logan Basic Materials- 720A07.7017
• Judy Kinard TransMontaigne Inc- 303.860.8200
• Suzie Costly Poison Spider Oil- 720.407.7015
• Randy Joos Sun Office Products -303.229.8250
EXHIBIT C
SCOPE OF SERVICES
1. Contractor will provide timely and quality random monitored sobriety services to clients referred by the
Department.
2. Services will be available at 721 4th Street, Fort Lupton, Colorado, 80621.
3. Contractor will have a qualified monitored sobriety collector on site Monday thru Friday, 10 a.m. to 7
p.m., with after hour appointments available if made by 4 p.m. Saturday and Sunday hours are
available by appointment only.
4. Contractor will manage a random monitored sobriety line. The number line is accessible by phone at
(303) 502-3241. Contractor will assign clients a unique number upon receipt of a referral. Clients will be
required to call in seven (7) days a week.
5. Contractor will only provide services to referred clients who provide picture identification. A caseworker
may provide a client photograph in lieu of formal picture identification if such identification cannot be
provided.
6. Contractor will ensure best practices are followed for specimen collection, including observation of male
and female clients by same gender staff. Contractor will have both male and female staff available during
all business hours, and gender specific staff available as needed for appointments.
7. Contractor will not allow clients to make up missed monitoring unless prior approval from the
Department is obtained. Either the caseworker or caseworker's supervisor may provide such approval.
8. Contractor will confirm any positive, negative or missed monitored sobriety within 24 hours through a
phone call, test result, e-mail and/or fax to the Department (referring caseworker).
9. Contractor will confirm any non -negative specimen with gas chromatography/mass spectrometry
(GC/MS).
10. Contractor will provide a recap of each referred client's prior months monitoring by the 7th of the month
following the month of service.
11. Contractor will submit the required monthly billing forms by the 7th of the month following the month of
service.
12. Urinalysis results will be available online 24 hours per day, seven (7) days per week through the Norchem
Sentry website (https://sentrv.norchemlab.com).
13. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled
collections or appointments, either on the part of the client or the Contractor.
1.
14. Contractor will make at least three (3) attempts to contact the client and set up services. The first
attempt will occur within 24 hours of receiving the referral (excluding weekends and holidays).
Contractor will document efforts to engage client in referred services. If after three (3) attempts the
client does not respond the Contractor will notify the caseworker and the Child Welfare Contract and
Services Coordinator immediately.
2
EXHIBIT D
PAYMENT SCHEDULE
1. Funding and Method of Payment
The Department agrees to reimburse the Contractor in consideration of the work and services performed
under this Agreement at the rate specified in Paragraph 2, below. The total amount to be paid to the
Contractor during the term of this Agreement shall be reported by the Department in Trails after May 31,
2017.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department
expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the
continuing availability of said funds for the purposes hereof. In the event that said funds, or any part
thereof, become unavailable as determined by the Department, the Department may immediately
terminate the Agreement nr amend it arrnrriingg'y
2. Fees for Services
$15.00/Episode (8 Panel Urinalysis - Includes Ethyl Glucuronide - EtG)
$5.00/Episode (Breathalyzer)
$125.00/Episode (Hair Test)
$45.00/Episode (Oral Swab)
Contractor may not attempt to collect co -pays and/or fees for services for which a Department client is
responsible, but which a particular client refuses or fails to pay.
Contractor will collect any applicable sliding scale co -pays and credit the Department for any payment
received on the monthly billing.
3. Submittal of Vouchers
Contractor shall prepare and submit monthly an itemized voucher, and signed monthly report if
applicable, certifying that services authorized were provided on the date(s) indicated and the charges
made were pursuant to the terms and conditions of Paragraph 3 and Exhibit A.
Contractor shall submit all monthly billings and applicable reports to the Department by the 7th day of the
month following the month the cost was incurred. Failure to submit by the aforementioned deadline may
result in forfeiture of payment.
a. For ongoing services, proof of services rendered shall be a Client Verification Form signed by
the client and a monthly report submitted in accordance with Paragraph 3(d) of this
Agreement.
b. For one-time services, proof of services rendered shall be receipt of the completed product.
1
c. For Monitored Sobriety services, proof of services rendered shall be the test result.
2
ACORl3
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StateFarm
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3000 ItORRISON RD
DENVER CO 80219
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED NABOVE FOR THE POLICY PERIOD
INDICATED. NOTNITHSTANL TO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUI.E„T VRTH RESPECT TO L'.1n.A,H THIS
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TYPE OP flaaMCE
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OESCaemal OF TBtATRNtnLOCATICIR ImWR.E. ROOM 181. AMCNNI r.n ss 8claeM, N.Y S SAW rum ww ewCieM1
CERTIFICATE HOLDER CANCELLATION
Canty of Weld
1150 Streit
Greeley. Colorado 80631
ACORD 25 (2010/03)
SHOULD ANY OF THE ABOVE Mac REED POLICES RE CANCELLED BEFORE
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AYrn.DAPiB WITH DE POJ0Y PROVISIONS.
ATTIR
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