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Home My WebLink About20142476.tiffEonb-Okd p X14 g CONTRACT AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DENVER CHILDREN'S HOME (Core) 51. This Agreement Amendment, made and entered into / day of 2016, by and between the Board of Weld County Commissioners, on behalf of the Weld County epartment of Human Services, hereinafter referred to as the "Department", and Denver Children's Home, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Day Treatment Services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2014-2476, approved on August 11, 2014. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on May 31, 2015, and was renewed for the term of June 1, 2015 -May 31, 2016. • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes are hereby made to the Contract Documents: 1. WHEREAS, the Colorado Department of Human Services has provided Core Services funding to the Department for Day Treatment Services and Mental Health Services. 2. Exhibit C -Scope of Services Contractor will provide Mental Health Services in the form of assessment/evaluation. Assessments and evaluations available under this agreement include: • Cognitive - Wechsler Intelligence Scale for Children (WISC): The MSC is an individually administered intelligence test for children between the ages of 6 and 16 that can be completed without reading or writing, and generates a Full Scale IQ (formerly known as an intelligence quotient or IQ score) which represents a child's general intellectual ability. Cl p ngPAJ Ar3 RJ `cV0— j� -1 - CC: Nsb (cm) cod-a'1i( • Adaptive Behavior Assessment System (ABASH I: The ABAS-II provides a complete assessment of adaptive skills through a comprehensive, norm -referenced assessment of the adaptive behavior and skills of individuals from birth to age 89. This test is also useful in determining how well the individual responds to daily demands from the environment. • Vineland Adaptive Behavior Scales II or III: The Vineland Scales is an instrument for supporting the diagnosis of intellectual and developmental disabilities by providing provides valuable information for intervention plans and educational strategies, and can be used to help determine eligibility for special programs and services. 3. Exhibit D, Payment Schedule Mental Health Services $400.00 (Cognitive Assessment) $250.00 (Adaptive Behavior Assessment System (ABAS)-II or III) $350.00 (Vineland Adaptive Behavior Scales II or III) • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY; ATTEST: W 4 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: )411.0 it Deputy Clerk to the B.�Mike Freeman, Chair CONTRACTOR: JUN 0 1 2016 Denver Children's Home 1501 Albion Street Denver, Colorado 80220 (303)399-48 By: Date: Rebecca A. Hea, Psy.D. Executive Director q, r9, MOP -1-247O MEMORANDUM DATE: May 8. 2015 TO: Barbara Kirkmeyer, Chair. Board f C unity_ ssioners FROM: Judy A. Griego, Director. Huma Sercic spa RE: Weld County Department of Human Services Child Protection Agreement Extension/Renewal with Various Providers Enclosed for Board approval is the Department of Human Services Child Protection Agreement Extension/Renewal with Various Providers. These renewals were reviewed under the Board's Pass -Around Memorandum dated May 4, 201 5. and were approved for placement on the Board's Agenda. The below parties agree to extend the term of their original agreement, in accordance with the conditions of the original agreement, under the standard form for renewals. The standard form was approved as new business on March 9. 2015 fhe renewal terms are as follows: I No' —Original ' Contractor Renewal Term Agreement Tyler Number I 2014-3046Transitions Psychology Group, LLC June I, 2015 to May 31, 2016 2 2014-2816 Devereux Colorado June 1, 2015 to May 31, 2016 3 2014.2816 Griffith Centers for Children June I, 2015 to May 31, 2016 4 2014-2476 Leahy Neurofeedhack DBA Dcncer June I, 2015 to May 31, 2016 Neurofeedback 5 2014-2816 Life Recovery Center June I. 2015 to May 31, 2016 6 4 2014-2476 Larry P. Kerrigan, Ph.D line I, 2015 to May 31, 2016 7 2014-2816 IDEA Forum, Inc. , June 1, 2015 to May 31, _2016 lc 8 2014-2476 Intervention, Inc. l June I, 2015 to May 31; 2016 9 72014-2816 Arapahoe House, Inc. June 1,'_015 to May 31. 2016 10 4014-2816 Collaborative Services for Change, PC ' June I, 201 5 to Mac 31, 2016 11 2014-2476 Knipscheer and Associates Polygraph June I. 2015 to May 31, 2016 Services 12 2014-2816 Michael A. Lazar, Attorney -at -Law ' June I, 2015 to .May 31, _2016 I3 1 2014-2476 Goldschmidt and Associates June I. 2015 to May 31. 2016 *1 14 2014-2476 Crossroads ssroads Counselinii. LL.C June I. 2015 to May 31, 2(116 lfyou hare questions. please give me a call at extension 6,1 t7 (1OrlQEt4A l:c th_ 5—.20-0201,5- _G o?O/4 - 2Y 76 frRoo85 AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LEAHY NEUROFEEDBACK DBA DENVER NEUROFEEDBACK (CORE) This Agreement Extension/Renewal ("Renewal`), made and entered into '— day of Lye) , 2015, 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 Leahy Neurofeedback OBA Denver Neurofeedback, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document Number )014-2476, approved on 8/11/2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows. • The Original Agreement will end on May 31. 2015. • The parties agree to extend the Original Agreement for an additional one (1) year period, which will begin June 1. 2015, and will end on May 31. 2016. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. None 2. None • Ad other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld Cou BY: BOARD OF COUNTY COMMISSIONERS to the Board WELD COUNTY, COLORADO Deputy Cler Mike Freeman, Pro—Tem MAY 2 0 ZGt5 A VEDAS TO FUN r G: '""' ,` � APPROVED AS TO SUBSTANC Controller APP AS TO FORM: -04 County Attorney Director of Gene•a Services Elec Official • Departme Head LEAHY NEUROFEEDBACK DBA DENVER NEUROFEEDBACK Susan G. Leahy, OMC 720/s-• 02 V 76 ()) AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LARRY P. KERRIGAN, PH.D. (CORE) This Agreement Extension/Renewal ("Renewal"), made and entered into day of 2015, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, ereina er referred to as the "Department", and Larry P. Kerrigan, Ph.D., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") iden ed by the Weld County Clerk to the Board of County Commissioners as Document Number 2014-2476, approved on 8/11/2014. WHEREAS the par es hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in considera on of the premises, the par es hereto covenant and agree as follows: • The Original Agreement will end on May 31, 2015. • The par es agree to extend the Original Agreement for an addi onal one (1) year period, which will begin June 1. 2015and will end on Mav 31, 2016. • The Renewal, together with the Original Agreement, cons tutes the en re understanding between the par es. The following change is hereby made to the Contract Documents: 1. Contractor's address is 1015 37th Avenue Court, #102, Greeley, Colorado 80634 2. None • All other terms and condi ons of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the par es hereto have duly executed the Agreement as of the day, month, and year rst above wri en. ATTEST: a6,/ /tf . ,0 Weld Count l rk to the Board WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: Deputy Clerk APPBQVED AS TO FU rte, APPROVED AS TO SUBST ' NCE: Controller ad APPROVED AS TO FORM: tir6- County A orney LARRY P. KERRIGAN, PH.D. Larry P. Kerrigan, Ph.D., MAY 2 0 2015 Q.204 -,.?760, 62) CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND INTERVENTION, INC. (NON -CORE) /l This Agreement Extension/Renewal ("Renewal"), made and entered Into day of the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Servic the "Department", and Intervention, Inc., hereinafter referred to as the "Contractor". , 2015, by and between hereinafter referred to as WHEREAS the parties entered Into an agreement (the "Original Agreement") Identified by the Weld County Clerk to the Board of County Commissioners as Document Number 2014-2476, approved on B/11/2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement In accordance with the terms of the Original Agreement, which is Incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on May 31, 2015. • The parties agree to extend the Original Agreement for an additional one (1) year period, which will begin June 1, 2015 and will end on May 31, 2016. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change Is hereby made to the Contract Documents: 1. None 2. None • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: dcidgeli)aO;1/e. Weld County lark the Board BY: APP �EDASTOFUN J Y Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Pro—Tem MAY 2 0 2015 APPROVED AS TO SUBSTANC r Departmen4Nead Director of General Services INTERVENTION, INC elly SerbE;(ger, Chief Executive Officer 02o/V-a11`(3) 04/19/2015 03:16 3037748969 GLENN KNISCHEER PAGE 02/02 AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND KNIPSCHEER AND ASSOCIATES POLYGRAPH SERVICES (NON -CORE) This Agreement Extension/Renewal ("Renewal"), made and entered Int day of 2015, 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 Knipscheer and Associates Polygraph Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") Identified by the Weld County Clerk to the Board of County Commissioners as Document Number 2014-2476, approved on 811112014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is Incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on May 31, 2015. • The parties agree to extend the Original Agreement for an additional one (1) year period, which will begin June 1, 2015, and will end on May 31 _2916. • The Renewal, together with the Original Agreement, Constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. None 2. None • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST:ddrABIA) Jd";ti Weld Coun CI ri- to the Board BY: Deputy Cle „��.AP4 VEO AS TO FU Controller APPROVED AS TO FORM: f/"` v ( G 1 ✓rs��)C County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Pro-Tem APPROVED AS TO SUBS ANC MAY 2 0 2015 Director of General Services KNIPSCHEER AND ASSOCIATES POLYG ERVICES ./]`nM/�' Glenn Knipscheer, Presider} AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GOLDSCHMIDT AND ASSOCIATES (NON -CORE) This Agreement Extension/Renewal ("Renewal"), made and entered into `,' day of Al"? / C , 2015, 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 Goldschmidt and Associates, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document Number 2014-2476, approved on 8/11/2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on May 31, 2015. • The parties agree to extend the Original Agreement for an additional one (1) year period, which will begin June 1, 2015, and wilt end on May 31, 2016. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. None 2. None • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: :aeI(4V.1iJei,ok BOARD OF COUNTY COMMISSIONERS Weld Count BY: erk to the Board WELD COUNTY, COLORADO Deputy Cler AS TOFU .QI Controller APPROVED AS TO FORM: County Attorney rn(1,1 Mike Freeman, Pro—Tem MAY 2 0 20%5 APPROVED AS TO SUBSTAN Ele Official • Departm N M Director of General Services GOLDSCHMIDT AND ASSOCIATES Bradley'Goldschmidt, Owner - -.2 q (.) CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CROSSROADS COUNSELING, LLC (CORE) • This Agreement Extension/Renewal ("Renewal"), made and entered into 21 day of 4' ri / , 2015by 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 Crossroads Counseling, LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document Number 2014-2476, approved on 8/11/2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on May 31, 2015. • The parties agree to extend the Original Agreement for an additional one (1) year period, which will begin lune 1, 2015, and will end on May 31. 2016. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. None 2. None • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: ddriftd4,) D;ei Weld Count erk to the Board BY: Deputy Clilk to the Board APPROVED AS TO FU Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Pro—Tem APPROVED AS TO SUBSTANCE: Elec Official or epartme N hq Director of General Services CROSSROi S C UNSELING, LLC /24- MAY 2 0 2015 Bii [Six, LPC, Owner azoii(_02 e/-76 ) RESOLUTION RE: APPROVE THIRTEEN (13) CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with thirteen (13) Child Protection Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the providers listed within the memorandum marked Exhibit A, commencing June 1, 2014, and ending May 31, 2015, with further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the thirteen (13) Child Protection Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the providers listed within the memorandum marked Exhibit A, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D., 2014, nunc pro tunc June 1, 2014. ATTEST: w Weld County Clerk to the Bo APP t, Clerk to he =.ar • 'DAST ou torney Date of signature: William F. Garcia -.?5' BOARD OF COUNTY COMMISSIONERS ELD COUNTY COLORADO 4 d vS6A---- Douglas ademacher, hair bara Kirkmeyer Pro-Tem Mike Fseem�n CC-tfsb (s' Qlac/ 2014-2476 HR0085 EXHIBIT MEMORANDUM DATE: August 7, 2014 TO: Douglas Rademacher, Chair, Board of County Comn}issioners FROM: Judy A. Griego, Director, Human Se SUBJECT: Child Protection Agreements for Ser*ices between the Weld County Department of Human Services and Various Providers Enclosed for Board approval are Child Protection Agreements for Services between the Department and Various Providers. These Agreements were reviewed under the Board's Pass -Around Memorandum dated May 22, 2014, and approved for placement on the Board's Agenda. There are a total of 45 agreements with various providers; the following represent the first 13 agreements received leaving 32 agreements needing to be signed by the Board Chair. The major provisions of these Agreements are as follows: No. Provider Program Area/ Funding Source PY14-15 Rate(s) 1 Alternative Homes for Youth 06/01/14 — 05/31/15 Community Transition Services Mental Health Services Core $600.00/Month (Low, 4-8 hours/month $900.00/Month (Medium, 8-15 hours/month. Low, 4-8 hours/month with 3 hours therapy/ week). $1,200.00/Month (High, 15+ hours/month with on -call crisis support. Medium, 8-15 hours/month with 3 hours therapy/week. $1,500.00/Month (High, 15+ hours/month with on -call crisis support and 3 hours therapy/week. $40.00/Episode (Offense Specific Group). $40.00/Hour (Art Therapy Group. Health Relationships Group. Substance Abuse Group). $70.00/Hour (Individual or Family Therapy. Eye Movement Desensitization and Reprocessing). $50.00/Episode/Individual (Informed Supervision and Teaching Healthy Sexuality for Parents). $75.00/Episode/Couple (Informed Supervision and Teaching Healthy Sexuality for Parents. 2014-2476 2 Creative Test Collections 06/01/14 - 05/31/15 Monitored Sobriety CW Admin $17.00/Episode (UA — 7 Panel with EtG) $16.00/Episode (UA — 7 Panel Only) $25.00/Episode (UA- EtG Panel Only) $3.00/Episode (BA) 3 Crossroads Counseling 06/01/14 - 05/31/15 Home -Based Intensive Services Sexual Abuse Treatment Core $1,000.00/Month (Individual or Family Solution Directed -Low Intensity, 4 hours/week, l+sessions/week) $1,400.00/Month (Individual Solution Directed - Medium Intensity, 6 hours/week, 1.5-2 sessions/week) $1,600.00/Month (Family Solution Directed - Medium Intensity, 7 hours/week, 2-3 sessions/week) $1,800.00/Month (Individual Solution Directed - High Intensity, 8 hours/week, 2-3 sessions/week) $2,400.00/Month (Family Solution Directed -High Intensity, 10 hours/week, 3-4 sessions/week) $80.00/Hour (Hourly rate when services are tapering off) $1,000.00/Month (Individual or Family Solution Directed -Low Intensity, 4 hours/week, 1+sessions/week) $1,400.00/Month (Individual Solution Directed - Medium Intensity, 6 hours/week, 1.5-2 sessions/week) $1,600.00/Month (Family Solution Directed - Medium Intensity, 7 hours/week, 2-3 sessions/week) $1,800.00/Month (Individual Solution Directed - High Intensity, 8 hours/week, 2-3 sessions/week) $2,400.00/Month (Family Solution Directed -High Intensity, 10 hours/week, 3-4 sessions/week) $80.00/Hour (Hourly rate when services are tapering off.) 4 Denver Children's Home 06/01/14 - 05/31/15 Day Treatment Services Core $1,648.00/Month (Day Treament-Regular $94.00/Day (Dayu Treatment-DD/MH, Life Program) $300.00/Month (Day Treatment — Transportation outside of boundary areas) $65.00/Hour (Day Tretment-Family Counseling, Additional Hourly Rate) 5 Goldschmidt & Associates 06/01/14 - 05/31/15 Polygraph Examination CW Admin $250.00/Episode 6 Intervention, Inc. 06/01/14 - 05/31/15 Monitored Sobriety CW Admin $8.00/Episode (UA - 7 Panel) $8.50/Episode (UA - EtG Screen + Panel 22) $15.00/Episode ( EtG Panel - Single Test. Confirmation UA.) $35.00/Episode (Designer Stimulants/Synthetic Stimulants Panel. Spice/Synthetic Marijuana.) $17.00/Episode (Drug Oral Fluid Panel) $1.00/Episode (Lifelock FC 10 Portable Breath Tester) $6.00/Day (Soberlink SL2 Remote and Mobile Breath) $8.00/Day (AMS SCRAM) $6.50/Day (SleepTime Wrist Watch) 7 Kerrigan, Larry P. Ph.D. 06/01/14 - 05/31/15 Safe -T Program (Sexual Abuse Treatment) Core fl l 10.00/Hour (Safe -T Program. Court Faciliation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) £27.50/15 Minutes (Safe -T Program. Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting. After one hour.) 8 Knipscheer and Associates Polygraph Services 06/01/14 - 05/31/15 Polygraph Examination CW Admin $250.00/Episode 9 Kruse, Carla 06/01/14 - 05/31/15 Mental Health Services Core $75.00/Episode (Therapy, 50 -Minute session) $75.00/Hour (Court Staffing/Court Facilitation/ Family Team Meeting/Team Decision Making Meeting) 10 Leahy Neurofeedback Center, LLC 06/01/14-05/31/15 Mental Health Services (Neurofeedback) Core $100.00/Episode/Client (4 Clients) $80.00/Episode/Client (5 Clients) $66.67/Episode/Client (6 Clients) $57.14/Episode/Client (7 Clients) $50.00/Episode/Client (8 Clients) $44.44/Episode/Client (9 Clients) $40.00/Episode/Client (10 Clients/Denver area clients $36.36/Episode/Client (11 Clients) $33.33/Episode/Client (12 Clients) $40.00/Episode/Client/Test (Pre and Post Test) $40.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting Meeting -by Phone) $60.00/Hour (Court Facilitation/Court Staffing/ Family Team Meeting/Team Decision Making Meeting -by Phone) 11 Truth Corporation DBA Accountability Polygraph Services. 06/01/14 - 05/31/15 Polygraph Services CW Admin $250.00/Episode (Polygraph) $100.00/Episode (Travel to Weld County for on -site services) 12 Victor H. Cordero, Psy.D., P.C. 06/01/14 - 05/31/15 Mental Health Services Core $1,200.00/Episode (Psychological Evaluation) $1,300.00/Episode (Psychosexual Evaluation) $800.00/Episode (Mental Health Evaluation. Interactional Evaluation, One Parent/One Report) $500.00/Episode (Additional Charge/ Interactional Evaluation, Two ParenUOne Report) $350.00/Hour (Partial Evaluations) $100.00/Episode (Individual Therapy 50 - Minute Session) $120.00/Episode (Family Therapy, 50 -Minute Session) $100.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) 13 Wurth, Helene 06/01/14 - 05/31/15 Home Studies/ Relinquishment Counseling CW Admin $1,000.00/Episode (Home Study, 2 Adults) $450.00/Episode (Home Study Update) $200.00/Episode/Per Person (Additional fee per a adults) $50.00/Hour (Partial Home Study rate after first it $100.00/Hour (Relinquishment Counseling) $ .54/Mile (after first 30 miles) If you have any questions, give me a call at extension 6510. ult after terview) PY-14-15-CORE-0226 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND ALTERNATIVE HOfy1ES FOR YOUTH, INC. This Agreement, made and entered into theL day of H 2014, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Alternative Homes for Youth, Inc., 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 Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 Core Services funding to the Department for Community Transition Services and Mental Health Services. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014, upon proper execution of this Agreement and shall expire May 31, 2015, unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 owv- 071'76 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 2 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services„ Exhibit C, Contractor's Response to the Request for Proposal, 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 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 a 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 3 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 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 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. 8 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. 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 Shavna Miller, Executive Director 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: Shavna Miller, Executive Director 1110 M Street, Greeley, CO 80631 (970) 353-6010, x206 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. 9 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. 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 §§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 10 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 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. 11 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 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 sea. 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. 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. 13 35. 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: ` arthiv c Weld County Clerk to the Board By: Attorney o the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 14 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO K ademache , Chair AUG 1 1 2014 ALTERNATIVE HOMES FOR YOUTH, INC. By: Miller, Executive Director 02O/Y- gn EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. 61400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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 11`h Avenue, Greeley, CO 80631, through: WEDNESDAY, MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCKI. 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. 61400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. I. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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. Hi. 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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. 81400069 SERVICE AREA DEFINITIONS .R•f •�. lal "'V f.-i. YtIL loll Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Ctt-Y( ' ,i-i4lPI!$i 1, Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND a CONTRACT0R1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 « funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. 81400069 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 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 A, Department's Request for Proposal, Exhibit 8, Scope of Services„ Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - 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.5.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit -$500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. 81400069 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. 7 Bid No. 81400069 - 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. 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 «RepFName» «RepLName», «RepTitle» 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 j970) 352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName» «Addressl», «Address2' «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1" OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCKI. 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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. ii. 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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. 61400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (ESP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. 81400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 EXHIBIT B CONTRACTORS RESPONSE TO THE REQUEST FOR PROPOSAL Alternative Homes for Youth Tobi Vegter Weld County Department of Human Services 315 N 11th Ave Bldg B Greeley, CO Dear Ms. Vegter, Please accept our request for the Core Services program area of Life Skills, Mental Health Services and Sexual Abuse Treatment. For the past year Alternative Homes For Youth has been offering Restorative Justice Services to youth and families. This program has been very successful and we recently received the following feedback from one of the professionals involved in the circle, "In the 20 years of my professional work in some sort of human services field that was truly one of the most amazing and valuable experiences that I have ever sat in. The level of accountability and sincerity l just do not have words to describe it was so incredible. It is like miracle work!" Alternative Homes for Youth (AHFY) began in 1976 as a group home for at -risk teenage girls in downtown Denver. AHFY grew and ultimately developed programs across Colorado, providing emancipation services, drug and alcohol treatment, treatment for youth with sexually abusive behaviors, mental health treatment, intensive individual, group, and family therapy, survivors of abuse treatment and interventions for behavioral problems as well as numerous juvenile offender issues. AHFY's primary clients have always been at -risk adolescents, while simultaneously providing support and treatment to their families. AHFY treats adolescent males with sexually abusive behaviors, substance abuse challenges, mental health challenges, and challenges with other criminogenic behaviors ages 13-20 under a RCCF license. AHFY has extensive experience in providing Trauma Informed Care interventions to youth and families. 100% of the youth referred to AHFY's residential treatment program have experienced trauma in their histories. AHFY recognizes the importance of building trusting relationships with youth and families and offering a variety of therapeutic interventions such as biofeedback, EMDR, Art Therapy and Dialectal Behavioral Therapy as ways of supporting youth through healing trauma. Additionally AHFY offers outpatient therapy for adolescent male and females as well as counseling services specializing in healthy boundaries for younger clients needing support, education and direction around healthy sexuality and personal boundaries. If awarded a Core Services contract with Weld County, AHFY agrees to enter into a contract such as Exhibit A included in application materials. Please review the enclosed documents for further explanation of the program. Thank you for your consideration. Warm regards, Shayna Miller, LPC, CACIlI Executive Director 1110 M. Street Greeley CO 80631 (970) 353-6010 www.altemat iveh omesforvouth.ore ALTERNATIVE HOMES FOR YOUTH, Inc. PROPOSAL FOR MENTAL HEALTH SERVICES AHFY is an approved Medicaid provider and is licensed by the State of Colorado as both a Therapeutic Residential Child Care Facility (TRCCF) and a Residential Child Care Facility (RCCF). AHFY was been providing the following non- residential treatment services to clients of Division of Youth Corrections with tremendous success for the past year. 1. Name and Address of Program: Business Address: P.O. Box 9, Dacono, CO 80514 Facility Address: 1 110 M Street, Greeley, CO 80631 2. Licenses(s) and/or Certifications: Medicaid provider number is 58903283 RCCF and TRCCF license #2016 Goals: • Provide support services through a trauma -informed lens. • Preventing out -of -home placement for youths at risk by providing individual and family opportunities for the development of effective problem solving skills, and constructive communication. • Empowering families and adolescents to create and maintain safety and well-being in their homes so that they can live successful lives. • Assist adolescents and families in working through traumatic and violent pasts so that they can have healthy futures. • Empowering adolescents and their families to be able to achieve future goals, become positively self directed, self- motivated and successful in life. Title of Services: Therapeutic Services AHFY has years of experience targeting and addressing criminal behavior in adjudicated youth. AHFY's philosophy is recognizing the importance of trauma -informed care when providing therapeutic services for adjudicated youth. AHFY promotes that youth must be allowed the opportunity to work through their trauma while also working through other challenges such as their sexual offending, substance abuse, and/or mental health challenges. We feel that a positive relationship and trauma informed care is at the foundation of every intervention offered. Outpatient Offense Specific Group- Cost $40/group session This group consists of a psycho -educational component as well as a therapeutic component, both designed to address sexually abusive behaviors and all issues related to such behaviors, as well as past trauma experiences. Therefore, the emphasis of this group is on assisting youth in learning about past choices they have made that are maladaptive, while simultaneously teaching healthy interpersonal skills, in order to provide the youth with a strong skill set for interacting with the community -at -large in a safe and productive manner. This group is designed to serve sexually abusive youth who are at a risk for re -offending a sexual offense. The group addresses all aspects of an offender's thinking patterns, behaviors, thoughts, feelings, and skills. The goal is to teach youth how to have healthy relationships, make healthy choices, intercept unhealthy thoughts and fantasies, keep self and others safe, and completely avoid abuse of self or others. This programmatic component is supervised and provided by a Full Operating listed provider, as designated by the SOMB. There are numerous quality assurance tools used to assess the efficacy of the program for each participant. Polygraph testing, on -going risk assessments, daily behavioral observations, monthly qualitative reports, self -reports and Multi -disciplinary Team (MDT) communication are all in place to assess the growth and changes of each youth, thereby reflecting on not only this specific program component, but the program as a whole. Safety planning, on -going risk assessment, collaborative work with an MDT, informed supervision, frequent internal and external trainings, as well as 1 intensive supervision and the close following of SOMB standards and guidelines for the treatment of sexually abusive youth all contribute to the safe environment that AHFY provides for youth, as well as the community as a whole. AHFY also provides the Ongoing risk assessment via state-of-the-art risk assessment tools. • Art Therapy Group- Cost of group $40/hour The goal of the group is to utilize the creative process in supporting the youth in bringing new insights into their challenges. The curriculum is dynamic and themes will address: personal identity, self-awareness, boundaries, processing feelings, positive self expression and their own victimization of trauma, to name a few. The art therapy groups will be grounded in Internal Family Systems (IFS) therapy. • Healthy Relationships Group- Cost of group $40/hour This group is psycho -educational in nature and teaches the clients about healthy relationships, including healthy sexuality, domestic violence, power and control, communication, and values exploration. This group meets weekly and is facilitated by a team of clinicians. • Substance Abuse Group Therapy- Cost of group $40/hour This intervention and education group is only open to those clients that have abused drugs and/or alcohol. The curriculum is dynamic, although themes that will be addressed are as follows: relapse prevention, role plays, guided imagery, education on how substances affect the body, and sobriety celebrations as is modeled after a curriculum that was accepted by the Alcohol and Drug Abuse Division. This group meets weekly and is supervised by a Licensed Professional Counselor, Certified Addictions Counselor- Level Ill. • Eye Movement Desensitization and Reprocessing (EMDR)- Cost of session $70/session (Francine Shapiro) - EMDR, a trauma -focused therapeutic modality, is provided by licensed, EMDR-trained clinicians, when indicated. • Informed Supervision and Teaching Healthy Sexuality for Parents Cost of group $50/session or $75/couple Based on Gail Ryan's training on: Primary, Secondary & Tertiary Prevention of Sexually Abusive Behaviors in Childhood and Adolescence. • Individual Therapy- Cost $70 hour We recognize that not every client will benefit from talk therapy alone. Therefore, our therapeutic team utilizes an eclectic, client -centered approach to addressing Axis I diagnoses. Included in the therapeutic modalities are: Art Therapy, Internal Family Systems Therapy, Gestalt Therapy, Body Awareness Therapy, Rational Emotive Therapy and Cognitive Behavioral Therapy. Each client is assigned a therapist. The client will meet with his therapist for a minimum of one hour per week. Individual therapy supports the youth in addressing his/her issues in group, school or family therapy, as well as his/her mental health issues as individual therapy is designed as a support to the entire treatment plan and therapeutic goals toward increased well being for the client. Outcomes are oriented toward decrease in deviancy and increase in healthful behavior and thinking patterns. Efficacy of individual therapy is evaluated via observable change in youth's behaviors on -going risk assessments, daily behavioral observation, monthly qualitative reports, and self -reports. Evaluation of individual therapy and how client presented is evaluated weekly by the therapist and Clinical Director. • Family Therapy- Cost $70/hour Family therapy addresses the family as a system and all of its interpersonal relationships. AHFY encourages families to participate in family therapy every week for at least one hour. AHFY contends that strong family participation is crucial to the success of our clients; reducing recidivism, increasing community and family safety, increase in family well-being, and achieving the goal of successful permanency. Goals of family therapy are to provide substantial education and aid to the family members to assist them in supporting the client, while increasing their understanding of the issues that present in their families and the interpersonal skills needed for healthy interactions. This, along with other supports, facilitates opportunities for the youth to go on passes and eventually reintegrate into the community. Alternative Homes for Youth- Life Skills, Core Services Page 2 of 3 All AHFY Clinicians possess a minimum of a Master's Degree in Social Work, Psychology or Counseling and two years field related work experience, as well as six months intern experience in family and individual therapy. In addition, all must be entered in the Colorado State Database. Licensure is needed for therapists, so they are either licensed or provisionally -licensed. In addition, experience working with youth with sexually abusive behaviors, survivors of sexual assault, and/or survivors of childhood trauma preferred. Alternative Homes for Youth- Life Skills, Core Services Page 3 of 3 ALTERNATIVE HOMES FOR YOUTH, Inc. PROPOSAL FOR LIFE SKILLS SERVICES AHFY is an approved Medicaid provider and is licensed by the State of Colorado as both a Therapeutic Residential Child Care Facility (TRCCF) and a Residential Child Care Facility (RCCF). AHFY was been providing the following non-residential treatment services to clients of Division of Youth Corrections with tremendous success for the past year. 1. Name and Address of Program: Business Address: P.O. Box 9, Dacono, CO 80514 Facility Address: 1 1 10 M Street, Greeley, CO 80631 2. Licenses(s) and/or Certifications: Medicaid provider number is 58903283 RCCF and TRCCF license #2016 Goals: • Preventing out -of -home placement for youths at risk by providing individual and family opportunities for the development of effective problem solving skills, and constructive communication. • Empowering families and adolescents to create and maintain safety and well-being in their homes so that they can live successful lives. • Assist adolescents and families in working through traumatic and violent pasts so that they can have healthy futures. • Empowering adolescents and their families to be able to achieve future goals, become positively self directed, self- motivated and successful in life. Description of Services: The AHFY Transitions Coordinator (TC) will gather information in order to complete a 360 degree assessment of the most effective way to offer support to the youth and his/her family. The TC will give the youth a "transitions survey" in order to gather more information about the youth and his/her current independent living skills. The goal of the Transition Program is to ensure the youth has a full time program which may include employment, education or a combination of the two. The TC in conjunction with the youth's MDT will create an individualized transition plan to ensure successful continued placement or reintegration (in the case of being in residential placement or incarcerated). Community Transition activities include but are not limited to: • Job skills education including creating a resume, completing job applications and participating in mock interviews • Transportation support including teaching a youth how to access and utilize free and public transportation 1 • Accessing sustainable community resources • Probation compliance support • Support with job interviews • Support with job searching • School enrollment including high school and college as well as how to apply for financial aid • Obtaining vital records • Linkage to appropriate recreational activities • Offense specific community registration • Support in attending community 12 -step group including providing transportation and accompanying the youth to the meeting • Crisis management • Case Management • Wrap -around service coordination • Independent living education • Attending MDT staffings when appropriate • Assistance in locating local cultural and religious support • Coordinating community service hours • Transportation and advocacy for court appearances • Education on healthy parenting techniques Transition and/or Tracking Services (as specified by referral request) Monthly Community Transition Services (Low) • 4-8 hours/month with Transition Coordinator Monthly Community Transition Services (Medium) • 8-15 hours/month with Transition Coordinator Monthly Community transition services (High) • 15+ hours/month with Transition Coordinator • Emergency pager/on-call crisis management support included Transition with Therapy Services $600/month $900/month $1200/month Monthly Community Transition Services (Low with therapy) $900/month • 4-8 hours/month with Transition Coordinator plus in home therapy with TC and therapist up to 3 hours/week Alternative Homes for Youth- Life Skills, Core Services Page 2 of 4 Monthly Community Transition Services (Medium with therapy) $1200/month • 8-I5 hours/month with Transition Coordinator plus in home therapy with TC and therapist up to 3 hours/week • Monthly community transition services (High with therapy) $1500/month • Assigned Transition Coordinator 15+ hours/month plus in home therapy with TC and therapist up to 3 hours/week • Emergency pager/on-call crisis management support included Other services that are offered on a fee for services basis: • Mentoring $350/month • Drug and alcohol screening $12/test • Urinalysis lab follow up specialty testing $30/test • Spice screening $55/test • Emergency pager for low and medium transition services $40/hour or $10 for each 15 minutes • Mileage $.50/mile (miles to be reimbursed for services 40 miles outside the Greeley city center) Restorative Justice Services (RJS) AHFY is pleased to have an experienced restorative justice practitioner as our Community Transition Program Manager. Scott Brown, MA brings professional experience as a Restorative Justice Services facilitator with the Boulder County Sheriff's Office and the Longmont Community Justice Partnership. He also served as restorative justice Program Director for the Boulder County Sheriffs Office. Additionally, AHFY's Program Manager, Scott Brown has professional history as a volunteer Restorative Community Justice (RCJ) facilitator with the Boulder County Sheriff's Office. During his experience Mr. Brown was asked to facilitate a community group conference involving three youth who had been caught trespassing in an abandoned flour mill and participating in a "fight club" type incident there. The co -facilitator and Mr. Brown pre-conferenced all parties, including the victim and the owner of the property. In these sessions one parent in particular was having a difficult time letting go of a punishment mentality. This theme carried over into the conference itself. The facilitators insisted that the youth needed to be fully involved in deciding what the repair should be and feel empowered by the process rather than shamed. Other participants weighed in to challenge punitive suggestions. This part of the process required extra time and work, and the end result was a contract that felt fair and restorative to everyone involved. As the Restorative Justice Program Coordinator for the Boulder County Sheriff's Office, Mr. Brown took the referral for a case from the arresting deputy that involved three youth who had vandalized a rural property. Mr. Brown made the initial contacts and found the youth willing to take responsibility and the victim (property owner) willing to participate. Mr. Brown then identified two volunteer facilitators to facilitate the community group conference. In the conference, Mr. Brown sat in as a community member and in that role found himself helping to address minimization on the part of two parents. The contract established required the youth meeting with the landowner and helping to repair the actual damage, as well as doing other community service hours. These youth were successful in meeting their obligations and repairing the harm. Alternative Homes for Youth- Life Skills, Core Services Page 3 of 4 The process of Restorative Justice Services Evaluation Any restorative justice process begins with evaluation. In consultation with the MDT, the Program Manager will evaluate the potential benefits of restorative justice practices in moving a youth, his/her support people, and the community forward toward restoration. Planning Based on our evaluation and in consultation with the MDT, the Program Manager will make a recommendation intended to move the youth and community toward restoration. Each case will be collaborative, unique and participation is strictly voluntary. Closing Evaluation The concluding stage of each RJS process is evaluation. AHFY will provide participants with a satisfaction survey and track the results. Restorative Justice Process - $40/hr Facilitation of customized restorative justice processes (community group conference or reintegration circle) including assessment and pre -conference preparation. AHFY's Program Manager will meet with the offender(s), victim(s) or surrogate victims, community members, support people and law enforcement representatives. All parties will be educated about the purpose of the process and what to expect during conferencing. Assessment includes review of background material and interviews with all parties to ensure RCJ is indicated; not to exceed 14 billable hours ($560). Pre -conference preparation includes detailed review of the RCJ conference process with participants, trial runs and coaching participants in restorative values as needed; not to exceed 10 billable hours ($400). The circle process itself will usually take 2.5 hours. Staffing for the Transitions Coordinators • AHFY's Transitions Coordinator must possess a minimum of a Bachelor's degree Social Work, Human Services, Psychology or closely related field. The Transitions Coordinators are supervised by the agency's Program Director who must possess a minimum of a Master's degree is Social Work, Human Services, Psychology or closely related field. Staffing for the Therapists • AHFY therapists possess a minimum of a Master's Degree in Social Work, Psychology, Counseling or related field and entered in the Colorado State Database. Alternative Homes for Youth- Life Skills, Core Services Page 4 of 4 Page 1 of 1 Adams Shayna Miller Alternative Homes for Youth 1110 M Street Greeley CO 80631 (970) 353.6010 shayna.miller@ahfy.arg 1°4zr! . 1'-1 Ares >z'l w � wedhl FullOµ irei fr.mx rfavider �j rn, �w. '•�' di. xw�Fszw+.d R (+?{trf'++� w, Jw4liti yiipocTreatn,rrtPropider lu&cril� FuEOp TraotrrrraoCT • eJ ASS& Iraalsaen11� eri RAI $eMces: PO Box 88266 Colorado Sprints: (719) .2034233.:• mmurdb_ra12011@q.com Friday. March 07.2074 Cimital Superv+sor'Name (it applicable): K •ti Ruy4al Spanish Speaking D �"�"�"� � f �7`+ 1 .�•{�,{ f� n j� � is ti.�,, �� ?Juvenile Full Op. Polygraph Eaaenlner k: i;Juvenile Assoc. Polygraph bongoes , et :Juvenile Full Op. Polygraph Examiner DO Thy;-K.riFM1 ftiFwlG i%s>s:.z1.'K1r a+.71•u-�i.'.=?L`. �..-.itMSTT'j� Juvenile Assoc. Polygraph Examiner00 rc. it 1. OlE.16 11 11 3 : 15 .iuvenKs Fui Op. Polygraph rnh�trwri { = T "' sr e+r-wmourairae rent- 4^w r. t:Nnreale Matte. Polygraph Examiner • tluVanDe Full Op. 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Scott Brown, MA 319 29`h St., Boulder, CO 80305 720.565.9388 Scott(iColoradoRP.com Education Master of Arts, Transpersonal Psychology/Ecopsychology Naropa University, Boulder, CO Comprehensive Training in Hakomi Psychotherapy Hakomi Institute, Boulder, CO Integral Peacemaker Training Colorado Peacemaker Institute, Boulder, CO Experience 2010 2009 2006 Transition Program Director, Alternative Homes for Youth May 2013 — present • Mentor and provide transition planning for youth in the criminal justice system • Development and implementation of restorative justice practices for residential and outpatient youth • Program administration and development Transition Specialist, Alternative Homes for Youth Sept. 2012 — May 2013 • Mentor youth on parole • Youth advising at the residential facility Transition Specialist, Brighten the Brain April 2012 — October 2012 • Perform neurofeedback on children, youth, and adults suffering from PTSD • Provide therapeutic intervention, coaching, clinical monitoring, and reporting Cofounder/facilitator, Colorado Center for Restorative Practices 2008 - present • Innovation of training that cultivates self-awareness, inner resourcing, decision -making, healthy relationships, and conflict transformation • Facilitation; coaching; mediation; workshop, business, and team development Interim Restorative Justice Program Coordinator Boulder County Sheriff's Office April 2008 — August 2008 • Directed a successful restorative justice program and supervised one dozen volunteers • Oversaw all aspects of program administration, including setting up conferences, tracking results, managing volunteers, facilitating monthly meetings, and program promotion Path to Freedom Trainer, Prison Mindfulness Network Boulder County Jail Lookout Mountain Youth Services Center 2006 - 2010 2006 - 2009 • Teach diverse groups of inmates meditation, alternatives to violence, and life -skills • Lead exercises in conflict resolution, communication, and decision -making Restorative Justice Conference Facilitator Longmont Community Justice Partnership Boulder County Sheriff's Office 2006 - 2008 2007 - 2008 • Organized and facilitated restorative justice conferences • Worked with diverse groups of offenders, victims, and community and law enforcement representatives to heal, repair harm, and build community Other Degrees and Certifications Registered Psychotherapist State of Colorado Therapeutic Crisis Intervention Training Alternative Homes for Youth, Greeley, CO Wilderness First Responder National Outdoor Leadership School 40 -hour Mediation Training Boulder, CO Bachelor of Science, Environmental Studies San Jose State University, San Jose, CA 2013 - 2015 2014 2013 2010 1989 3601 Arapahoe Avenue • BOULDER, CO • 80303 PHONE (303) 523.0895 • E-MAIL ERICAROUSH @CONICAST.NET Erica H. Roush EDUCATION The School of the Art Institute of Chicago (SAIC) — 2001 graduate Bachelor of Fine Arts • Emphasis in Printmaking Naropa University — 2004 graduate Master of Arts • Transpersonal Counseling Psychology with a Concentration in Art Therapy RELEVANT SKILLS AND EXPERIENCE Chicago, IL Boulder, CO Psychotherapist and Art Therapist Private Practice — 2005-11 (present) Boulder, CO • Clinical Specialties: Trauma and Abuse Survivor Issues, Life Transitions, Eating Disorders, and Substance Abuse. Serving adolescents and adults, incorporating Integral Psychology, Internal Family Systems Theory, and Art Psychotherapy. • Offering experientially -based therapy groups and presentations for clients, health professionals, and students. • Licensed Professional Counselor in the state of Colorado (LPC #4904). • Past president of the Art Therapy Association of Colorado, ATACO (2009-2011). • Adjunct faculty for Naropa University in Boulder, Colorado. Taught "Diagnostic Psychopathology" course within the university's Graduate School of Psychology; developed course curriculum speci Etc to the interests and needs of transpersonal psychology and art therapy students (2011). Clinical Director Alternative I Tomes for Youth — 2007-11 (present) Greeley, CO • Provided residential level, intensive individual, family (including couple), and group therapy, crisis intervention, and case management services for male youth who had been abused, abusive and traumatized. Therapeutic approaches included Cognitive -Behavioral Therapy, Rational Emotive Therapy, Art Psychotherapy, Internal Family Systems, Collaborative Problem Solving, and Non-violent communication. • Provided clinical supervision for Master's level psychotherapists, psychology interns, and milieu staff; served as Internship Program Coordinator. • Developed and implemented training courses for employee education and support, including teaching about the juvenile sexual offending population, creating a relationship -based milieu, self -care and burnout, and collaborative problem -solving. • Assisted in the implementation of Internal Family Systems (IFS) theory into the organization's philosophy and practice of therapy (IFS was adopted as the organization's primary approach to working with trauma). • Developed and implemented biofeedback training into the organization's scope of services. • Created individualized treatment plans and detailed progress reports for each client. • Represented the agency through interfacing with state and community service organizations such as the Department of Youth Corrections and the Department of Human Services; promoted the agency vision through leading educational meetings and developing promotional materials. • Promoted twice within four years; served as Psychotherapist, Assistant Clinical Director, and Clinical Director. CASASTART Case Coordinator Community Reach Center — 2005-07 Commerce City, CO Provided therapeutic and case management services to children ages 8-13, their families, and their greater communities. This included clinical assessment, treatment planning, crisis intervention, and coordination with school personnel, law enforcement agencies, and social service and health agencies. • Participated in the development and implementation of community based programs that support CASASTART objectives such as the prevention of violence and substance abuse. Psychotherapist and Art Therapist Independent Projects — 2005 Boulder, CO • Program Director and Group Leader for Project YES (Youth Envisioning Social change). This involved designing and implementing summer arts programs to engage diverse youth in art -making as a tool for addressing community needs and social issues. • Participated in a groundbreaking documentary film, "Beautymark," that showcased a new paradigm for defining beauty. The film presented in-depth segments on the causes of, and treatment for eating disorders and body -image issues. Psychotherapy and Art Therapy Intern University of Colorado at Boulder Counseling and Psychological Services: A Multicultural Center — 2003-04 Boulder, CO • Served as primary therapist to individuals in a brief, outpatient treatment setting. • Conducted intake and exit interviews, developed treatment plans, and kept detailed session notes. • Led group art experiences in conjunction with specialized training in multi -cultural issues. Art Therapist Adam's Camp — Summer Camps 2003 Winter Park, CO • Worked with diverse group of children (ages 4-8) with developmental delays and functional limitations, primarily in association with autism, Down syndrome, cerebral palsy, or genetic syndromes and abnormalities. • Collaborated with a treatment team made up of specialized, trans -disciplinary therapists to develop intensive therapeutic and recreational programming to address the goals of each child. Open Studio Assistant QualLife Wellness Center — 2003 • Worked with adults with cancer, other terminally ill patients, and their caregivers. • Provided emotional support through facilitation of artistic expression. Denver, CO Art Program Director Women's Quest — Summer Camps 2002 Winter Park, CO • Initiated and led a Creative Arts Program for women in participating in Adventure Retreats. • Developed therapeutic art experiences to compliment groups on nutrition, athletic training, health and well- being, and outdoor activities. Artist Mentor Naropa Community Arts Studio — 2002 • Collaborated with staff in development of studio program and policies. Itrica H. Roush 3601 Arapahoe Avenue • Boulder, CO 80303 crirarnush(ticomcast.net (303) 523-0895 Boulder, CO • Provided weekly demonstrations and instructions in how to work with a variety of media and worked alongside workshop participants, assisting in establishing community through artistic expression. Art Therapy Intern Studio Pardes — 2001 • Used various media to support healing change and clarify life goals of studio program participants, including a class of students from an alternative high school. Oak Park, IL Program Assistant/SAIC Intern The PEACH Club —1999-2000 Chicago, IL • Lead children ages 7-12, from diverse backgrounds, in art and writing projects that focused on exploring heritage, establishing community, developing self-expression and self-esteem and creating safety. • Organized family days where clients had the opportunity to create artwork and share a community meal. Gallery Assistant/SAIC Intern Gallery 312 — 1999-2000 Chicago, II. • Prepared the gallery for shows, assisted in day-to-day operations (such as bulk mailings and grant applications) and represented the gallery as hostess for events, workshops, and show openings. Patient Services Assistant Holland Community Hospital —1997 Holland, MI • Cared for patients in their daily activities, recorded patient's vital information for medical records, and trained and mentored new employees in these duties. Independent Living Facilitator MOKA Corporation Supported Living — 1996-97 • Worked with adults with a range of mental disabilities such as schizophrenia, autism, and Down syndrome in a program that focused on reaching clients everyday living skills, social skills, and opportunities to be members of their communities. • Collaborated with client's treatment teams including mental health workers, doctors, and teachers. PRESENTATIONS & y'c'ORKSI TOPS Muskegon, MI • Workshop, Art For Healing and Renewal. Boulder, CO (2006, 2007). • Panel Presentation, Naropa University Alumni. Boulder, CO (2005, 2007, 2008, 2009). • Presentation, Archetypes of the Taboo: An Art Therapy Experiential. Naropa University, Boulder, CO (2008). • Presentation, Internal Family Systems Therapy. Naropa University, Boulder, CO (2008, 2009, 2010). • Workshop, Art Therapy Experiential: Transitional Objects. Counseling and Psychological Services: A Multicultural Counseling Center. The University of Colorado, Boulder, CO (2008, 2009). • Presentation, Insight and Outsight: Art Therapy with Traumatized Adolescents. Phoenix University, Denver, CO (2009). • Presentation, Art and Alchemy: the Use of Art Therapy to Transform Past Deficits into Present Competencies. National Adolescent Perpetration Network 25Th Annual Conference. Denver, CO (2010). • Workshop, Art Therapy Experiential: Transitional Spaces. Counseling and Psychological Services: A Multicultural Counseling Center. The University of Colorado, Boulder, CO (2010). • Workshop, The Goddess Within: A Therapeutic Art Experience. Muse' Group. Boulder, CO (2010). Erica II. Roush 3601 Arapahoe Avenue • Boulder, CO 80303 criearoushacumcast.net (303) 523-0895 • Presentation, Ready to Regulate? Experiential Therapeutic Interventions to Develop Self -Regulation Skills. SOMB 4th Annual Conference. Breckenridge, CO (2010). • Workshop, The Restorative Image: A Stress -Relieving Art Experiential. Faculty and Staff Assistance Program. The University of Colorado, Boulder, CO (2010). ADDITIONAL TRAINING AND CREDENTIALING • Associate Level SOMB Provider in Colorado. • Currently working toward ATR (Registered Art Therapist) credentialmg (to be completed Fall 2011). • Completed intensive training specific to Juvenile Sexual Offending through the Kempe Center; 2007. • Completed Level II Internal Family Systems training; 2011. Completed Level I Internal Family Systems training, taught by the model's founder Dr. Richard Schwartz, and other lead trainers; 2005. PROFESSIONAL MEMBERSHIPS • The American Art Therapy Association; professional member since 2004. • Eating Disorders Professionals of Colorado; member since 2006. • The Art Therapy Association of Colorado; professional member since 2009; President 2009-2011. I '.rica II. Roush 3601 Arapahoe Avenue • Boulder, CO 80303 r ricarnushacomcast. net (303) 523-0895 Shayna Miller, LPC, CACIII 6137 Dunraven Road Golden CO 80403 (303) 279-5989 samillera@aol.com EDUCATION NAROPA UNIVERSITY Masters in Transpersonal Counseling Psychology, 2000 UNIVERSITY OF COLORADO, Boulder, CO Bachelor of Arts and Sciences, 1997 Major in Religious Studies, Minor in Women's Studies CERTIFICATIONS AND SPECIALIZED TRAINING Licensed Professional Counselor #3315 Certified Addictions Counselor #6126 Associate Level Sex Offender Management Board Juvenile Treatment Provider EMDR, Level I and Level II Internal Family Systems, Level I RELEVANT WORK EXPERIENCE Alternative Homes for Youth April, 2001- Present EXECUTIVE DIRECTOR January 2010- Present Responsible for: • Supervision, hiring and firing of all key administrative personnel; • Ensure performance standards of agency and staff; • Development and implementation of a strategic plan drafted in collaboration with staff, board and service purchase community; • Oversee all audits from various outside agencies including Division of Youth Corrections, Colorado Department of Human Services, Colorado Department of Education and Division of Mental Health Services; • Fostering organizational development and staff leadership to achieve strategic plan goals; • Coordination, monitoring and evaluation of all facility functions; • Marketing of AHFY services and ensuring a working relationship with referral sources including DYC Client Managers and County Department of Human Services; • Ensuring compliance with applicable regulations; • Create annual budget to be presented to and approved by AHFY Board of Directors; • Approve and monitor expenditures to ensure spending is consistent with budget; • Design and implementation of AHFY Policies and Procedures; • Respond to request for proposals for service contracts; • Provide weekly substance abuse group therapy; • Council member- Division of Youth Corrections Providers Council. • Board Member- Colorado Association of Family and Children's Agencies CLINICAL DIRECTOR March 2003 -January 2010 • Provided residential level, intensive individual, family and group therapy, crisis intervention, and case management services for male youth who had been abused, abusive and traumatized; • Provided clinical supervision for Master's level psychotherapists; • Provided weekly substance abuse group therapy; • Created individualized treatment plans and detailed progress reports for each client; • Represented the agency through interfacing with state and community service organizations. THERAPIST April 2001 -March 2003 • Provided individual, family, and group therapy for adolescents; • Collaborated with members of a multidisciplinary team to ensure cohesive and effective treatment that balances the needs of victims, abusive youth, families, and the community; • Provided daily substance abuse group therapy. TEACHING EXPERIENCE Regis University January 2010 -Present AFFILIATE FACULTY Provide instruction to students in the Master of Arts in Counseling Marriage and Family Therapy tracks. Experience teaching the following courses: • Introduction to Community Counseling • Professional Orientation and Ethical Issues • Human Growth and Development • Counseling Techniques, Level 2 • Clinical Assessment • Substance Abuse Counseling • Spirituality and Counseling • Grief, Trauma and Loss University of Phoenix July 2005- November 2010 INSTRUCTOR • Provided instruction to students in the Master of Arts in Counseling, Marriage and Family Therapy and School Counseling tracks From: Tgbi Venter To: 5havna Miller Cc: Tobi Venter Subject: RE: Staffing Rate for MH Date: Tuesday, April 29, 2014 9:26:31 AM Hi Shayna, Our rates had to go forward to our Board last week so unfortunately, this rate item will likely not be able to be included this year. I will check with our Administration but want you to be aware of the possibility. Thank you. Regards, Tobi Vegter Child Welfare Contract and Services Coordinator Weld County Department of Human Services Division of Child Welfare Resource Unit (970) 352-1551, ext. 6392 (970) 301-2676 (Cell) (970) 346-7667 (Fax) vegterta P wel dgo v. com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Shayna Miller [mailto:shayna.miller@ahfy.org] Sent: Monday, April 28, 2014 5:21 PM To: Tobi Vegter Subject: RE: Staffing Rate for MH Tobi, I am so sorry for the delay. Our computers were down the past couple of days. That rate is $45/hour. Shayna Miller, LPC, CACIII Executive Director Alternative Homes for Youth www.alternativchomesforyouth.orp This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. This message and any attachments hereto may contain confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution, or copying of this email message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. The sender does not waive any privilege in the event this message was inadvertently disseminated. From: Tobi Vegter[mailto:vegterta(@co.weld.ro,ns] Sent: Tuesday, April 22, 2014 8:56 AM To: Shayna Miller Cc: Tobi Vegter Subject: Staffing Rate for MH Hi Shayna, Under Mental Health Services, AHFY did not list a rate for staffings, such as TDMs, Family Team Meetings, etc. Could you please provide me with an hourly rate? Thank you. Regards, Tobi Vegter Child Welfare Contract and Services Coordinator Weld County Department of Human Services Division of Child Welfare Resource Unit (970) 352-1551, ext. 6392 (970) 301-2676 (Cell) (970) 346-7667 (Fax) vegtertaw& weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. PY-14-15-CORE-0226 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide Transition Services and Mental Health Services to adolescent male and females, ages 13-20, as referred by the Department. Target populations include youth with Sexually Abusive Behaviors, Substance Abuse Challenges, Mental Heath Challenges and Criminogenic Behaviors. 2. Contractor will provide following Mental Health Services under this Agreement: 1. Outpatient Offense Specific Group: Group emphasis is on assisting youth in learning about past choices they have made that are maladaptive, while simultaneously teach health interpersonal skills, in order to provide the youth with a strong skill set for interacting with the community at -large in a safe and productive manner. Group includes both a psycho -educational component as well as a therapeutic component, both designed to address sexually abusive behaviors and all issues related to such behaviors, as well as past trauma experiences. 2. Art Therapy Group: Group utilizes the creative process to support you in bringing new insight into their challenges. The curriculum will address personal identify, self-awareness, boundaries, processing feelings, positive self expression and their own victimization and trauma. Curriculum incorporates Internal Family Systems (IFS) therapy. 3. Healthy Relationships Group: Group is psycho -educational in nature and teaches clients about healthy relationships, including healthy sexuality, domestic violence, power and control, communication, and values exploration. 4. Substance Abuse Group: Group is only appropriate for youth who have abused drugs and/or alcohol. Curriculum includes relapse prevention, role plays, guided imagery, education on how substances affect the body, and sobriety celebrations. Curriculum is modeled after a curriculum accepted by the Alcohol and Drug Abuse Division and is supervised by a Licensed Professional Counselor (LPC), Certified Addictions Counselor Level III (CACIII). 5. Eye Movement Desensitization and Reprocessing (EMDR): Trauma -focused therapeutic modality provided by licensed, EMDR-trained clinicians. 6. Informed Supervision and Teaching Healthy Sexuality for Parents: Based on Gail Ryan's training: Primary, Secondary & Tertiary Prevention of Sexually Abuse Behaviors in Childhood and Adolescence 7. Individual Therapy 8. Family Therapy 3. Contractor will provide Transition Services under this agreement. 1. Contractor will ensure the youth has a full time program which may include any of the following activities, or any combination of the following activities: i. Job skills education including creating a resume, seeking a job, completing job applications, and participating in mock interviews ii. Transportation support including teaching a youth how to access and utilize free and public transportation iii. Accessing sustainable community resources iv. Probation compliance support v. School enrollment including high school and college as well as how to apply for financial aid 1 PY-14-15-CORE-0226 vi. Obtaining vital records vii. Linkage to appropriate recreational activities viii. Offense specific community registration ix. Support in attending community 12 -step group including providing transportation and accompanying the youth in the meeting x. Crisis management xi. Case management xii. Wrap -around service coordination xiii. Independent living education xiv. Attending staffings when appropriate xv. Assistance in locating local cultural and religious support xvi. Coordinating community service hours xvii. Transportation and advocacy for court appearances xviii. Education on healthy parenting techniques 2. Each referred client will be assigned a Transitions Coordinator who will gather information in order to complete a 360 degree assessment of the most effective way to offer support to the youth and his/her family. Contractor will create an individualized transition plan for each referred youth to ensure successful continued placement or reintegration. 4. 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. 5. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 6. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 7. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise directed by the Department. 8. Contractor agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 9. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting, participation in the meeting is deemed appropriate and necessary 2 PY-14-15-CORE-0226 by the Department, and the meeting is not included in the cost of service. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 10. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 3 PY-14-15-CORE-0226 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, 2015. 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 or amend it accordingly. 2. Fees for Services Mental Health Services: $40.00/Episode (Offense Specific Group) $40.00/Hour (Art Therapy Group) $40.00/Hour (Healthy Relationships Group) $40.00/Hour (Substance Abuse Group) $50.00/Episode/Individual (Informed Supervision and Teaching Healthy Sexuality for Parents Group) $70.00/Episode (Eye Movement Desensitization and Reprocessing (EMDR)) $70.00/Hour (Individual Therapy) $70.00/Hour (Family Therapy) $75.00/Episode/Couple (Informed Supervision and Teaching Healthy Sexuality for Parents Group) $45.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) Transition Services: $600.00/Month (Low, 4-8 Hours/Month) $900.00/Month (Medium, 8-15 Hours/Month) $1,200.00/Month (High, 15+hours/month with On -call Crisis Support) $900.00/Month (Low, 4-8 Hours/Month with Therapy, 3 Hours/Week) $1,200.00/Month (Medium, 8-15 Hours/Month with Therapy 3 Hours/Week) $1,500.00/Month (High, 15+ Hours/Month with On -call Crisis Support and Therapy 3 Hours/Week) 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. 1 PY-14-15-CORE-0226 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 2 ALTEHOM-02 DBARONE T ,acoRo CERTIFICATE OF LIABILITY INSURANCE �� DATE/DDIYYYY) / 5/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TrueNorth PG Box 847 Longmont, CO 80502 CONTACT NAME: Deb Barone PHONE 303 776-5122 FAX 303 776-5495 (NC, No. Eat): ( J (A/C, Nol: ( ) ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC IS INSURER A : V nderWriters at Lloyds INSURED Alternative Homes for Youth, Inc 1110 M Street Greeley, CO 80631 INSURER B: Great American Insurance Company 16691 INSURER C: Pinnacol Assurance Company 41190 INSURER D: INSURER E: INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR OF INSURANCE ADDLTYPE INSR INSR WVDSUBR WVD POLICY NUMBER EFF IMMIDDYIYYYY) EXP (MMIDDTYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CJ10012713 07/30/2013 10/01/2014 EACH OCCURRENCE $ 1,000,000 DAMAGETOREN rED PREMISES {Ea occurrence) $ 100,000 MED EXP (Any one person) $ 1,000 X i CLAIMS -MADE OCCUR PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 GGEEN'L AGGREGATE LIMIT APPLIES A POLICY JF 0 PER. LOC $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED — X SCHEDULED AUTOS N0NOWNED AUTOS CAP8639621 10/01/2013 10/01/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per acudenl) $ PROPERTY DAMAGE (PER ACCIDENT) $ UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DEC I RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OF ICER/MEMBER EXCLUDED' (Mandatory in NH) II yes desc ibe under DESCRIPTION OF OPERATIONS below YIN NIA 1 22 453$ 07/01/2013 07/01/2014 X TORY LIMIT$ I 0Ell E. L. EACH ACCIDENT $ 100,000 EL DISEASE - EA EMPLOYEE $ 100,000 E L DISEASE - POLICY LIMIT $ 500,000 A Professional Liab CJ10012713 07/30/2013 10/01/2014 Limit of Liability 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space is required) Certificate holder is an Additional Insured regarding General Liability per form CJ111, when required by contract VCR I IrIYIn I C FM/L...1N of Social Services Weld County Dept. PACCORDANCE P 0 Box A Greeley, CO 80632 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS. AUTNORIZEO REPRESENTATIVE `t9C V ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD PY-14-15-CPS-0135 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CREATIVE TEST COLLECTIONS, LLC This Agreement, made and entered into then day of 222& by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Creative Test Collections, LLC, 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, Department's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 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 June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 c190/ 0797‘ 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. 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 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, Department's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 2 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 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 3 - 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.5.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Child Welfare Administration funding. 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 4 - 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. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 5 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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; 6 - $50,000 any one fire; and - $500,000 errors and omissions. iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 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 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 8 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. 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 Cherie Speruzzi, Office Manager 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 1970)352-1551 18. Litigation 9 For Contractor: Cherie Speruzzi, Office Manager 617 Main Street Windsor, CO 80550 1970) 686-7233 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. 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 §§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. 10 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 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 11 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 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. 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. 13 35. 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. 14 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST artitilti S Weld County Clerk to the Board bunty Attorney CREATIVE TEST COLLECTIONS, LLC WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL'' ADO By: demacher, Chair r. Cherie Speruzzi, Of'hce Mdnagr 070/5! 0,7924 EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. 61400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCKI. 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. 61400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. 81400069 Protect Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 o YI-� y";'"� 91 $dialixlUf . Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND «CONTRACTORl" This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 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 A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B14OO069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. - General Liability (PL and PD) (Minimum) o Combined single limit -$500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400O69 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. 7 Bid No. B1400069 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. 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 «RepFName» «RepLName», «RepTitle» 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 1970) 352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName», «Addressl», «Address2' «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. 61400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. 81400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.5.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. 61400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. I. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. 81400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 Homes Studies/Relinquishment Counseling Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. 61400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. 81400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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 7"' 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 EXHIBIT A CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL CREATIVE TEST COLLECTIONS 617 Main St Windsor, CO 80550 Telephone (970) 686-7233 Fax (970) 686-7303 Email: creativetestcollectionsnmail.com March 21, 2014 To whom it may concern: Creative Test Collections (CTC) located in Windsor CO monitors sobriety for clients in the area referred to us by Probation, Pretrial Services, and Counseling agencies. We offer breath and drug testing with gender specific monitoring and have our own color line. CTC is open seven days a week. Our staff are Certified Urine Collectors and follows Department of Transportation (DOT) guidelines on all urinalysis collections. Staff includes Cherie Speruzzi (Office Manager), Cindy Beisner, Stacy Linderer, and James Nash. We make sure test results for urinalysis are reported as soon as we get them. CTC is also a part of Sentry, Norchem Laboratory web -based system. DHS already has access so they automatically get their client's results. Reports for breathalyzer monitoring are sent out on a weekly or monthly basis. CTC is aware that not all agencies require the same amount of reporting so whatever the agency requests we are happy to accommodate. We appreciate you considering our agency to monitor your clients. If you have any further questions feel free to contact the office. Thank you, Cherie Speruzzi CREATIVE TEST COLLECTIONS 617 Main St Windsor, CO 80550 Telephone (970) 686-7233 Fax (970) 686-7303 Email: creativetestcollections a mail.com Standard Pricing Sheet For Creative Test Collections Monitoring/Collection fee per Urinalysis sample: 7 Panel w/ETG $17.00 per test Monitoring/Collection fee per Urinalysis sample: 7 Panel $16.00 per test Monitoring/Collection fee per Urinalysis sample: ETG Panel $25.00 per test Monitoring/Collection fee for Breathalyzer $3.00 per test CREATIVE TEST COLLECTIONS 617 Main St Windsor, CO 80550 Telephone (970) 686-7233 Fax (970) 686-7303 Email: creativetestcollections(a;mail.com Hours of Operation Monday / Friday 2pm - 7pm Saturday 11am - 4pm Sunday 11am - 3pm PY-14-15-CPS-0135 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide timely and quality random monitored sobriety services at 617 Main Street, in Windsor, CO, to clients referred by the Department. 2. Contractor will have a qualified monitored sobriety collector on site Monday through Friday, 2-7 p.m., Saturday, 11 a.m.-4 p.m., and Sunday 11 a.m.-3 p.m. 3. Contractor will manage a random monitored sobriety color line/calendar. CONTRACTOR will submit a calendar for the following month to the Department on or prior to the last business day of the month. The color line is accessible by phone at (970) 686-7235. 4. Contractor will only accept referrals when a client has been assigned a color. 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. 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. 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, result and client sign -in sheet (if applicable) by the 7th of the month following the month of service. 12. Results will be available online 24 hours per day, seven (7) days per week through the Norchem Lab website (https://intraweb.norchemlab.com/). 13. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled services, either on the part of the client or the Contractor. PY-14-15-CPS-0135 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 after May 31, 2015. 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 or amend it accordingly. 2. Fees for Services $17.00/Episode (Urinalysis — 7 Panel with EtG) $16.00/Episode (Urinalysis — 7 Panel) $25.00/Episode (Urinalysis — EtG Panel) $3.00/Episode (Breathalyzer) 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. 1 b. For one-time services, proof of services rendered shall be receipt of the completed product. c. For Monitored Sobriety services, proof of services rendered shall be the test result. t c. :.ft •/ (t.5.1 t , t ono -r . , rr.n r AccipRe CERTIFICATE OF LIABILITY INSURANCE DATE IV MDDrYYYY) 03/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pokcyliea) must he endorser. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementis). PROOVCER Ben non Mor an107985181 H g 2627 Redwing Rd Sir 269 Ft Collins CO 805286329 _ INSURED CREATIVE TEST COLLECTIONS 617 MAIN STREET WINDSOR CO 80550 NA FACT AIC. No Elf} } RHONE d 0.47^ 1002 LAIC Nol .._ NAIC 21709 • 21652 21fi8? I bmorganigrarmersagent corn _ADDRESS • tN SURER(S) AFFORDING COVERAGE_.. INSURER A Truck Insurance Exchange.. INSURER a Farmers Insurance Exchange INSURERC Mud Century insurance Company• 1NSURERD INSURER E INSURER F vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED — ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS 8Y PAID CLAIMS P0L)C EFF - POEICPE IMWDDIYW), slAWOOfTTY'D UNITS — — A613L�ST.MW LTR TYPE OF INSURANCE I14R'VYR POLICY NUMBER GENERAL LIABILITY •F.r-:.;a; r •_ C 805419384 11115/2013 _..�._..—.—• _ 1 000 000 75 000 GOO 1 900.000 2.000.000 1,000.000 t5 11! 1612014 .. r-=i. - .c. '? A:'. I5.:.: f A_•. - c t • AL,TOMOBILE LIABLLnTY:.1.1.:V! • --- - y t _ UMBRELLA Lm8 ... .I EXCESS Lab :, .... i ', ' I "� '- ' i • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN IU1ndatory n WI .7:: r'. i • I_`1_ _.. i. 7.'.'..._:":1'.'.:__F • I : .. v... c c -•.c- ' t DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Add,ao rN Rsmsrhs SdamjN. it mon 15111 is •ea+rtd) 617 MAIN STREET WINDSOR CO 80550 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 t2010/05) rD 1988.2010 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD 03/21/14 02:01 PM OTTAWA ON Page 5 PY-14-15-CORE-0209 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CROSSROADS COUNSELING, LLC This Agreement, made and entered into theft day of 4a 2014, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department ofnuman Services, hereinafter referred to as the "Department' and Crossroads Counseling, LLC, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Core Services funding to the Department for Home Based Intensive Services and Sexual Abuse Treatment. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 aorg- 071‘7‘ PY-14-15-CORE-0209 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. 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 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 Response to the Request for 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 2 PY-14-15-CORE-0209 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-CORE-0209 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CORE-0209 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CORE-0209 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 PY-14-15-CORE-0209 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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 1. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. g. 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. 7 PY-14-15-CORE-0209 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 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. 8 PY-14-15-CORE-0209 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. 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 Bob Dix, LPC, 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 1970)352-1551 18. Litigation For Contractor: Bob Dix, LPC, Owner 1211 Lake Avenue, #203 Berthoud, CO 80513 (970) 685-7469 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. 9 PY-14-15-CORE-0209 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. 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 §§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 10 PY-14-15-CORE-0209 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 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. 11. PY-14-15-CORE-0209 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-CORE-0209 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. 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. 13 PY-14-15-CORE-0209 35. 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. 14 PY-14-15-CORE-0209 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: d w . :tik. Weld County Clerk to the Board By: e Board APP C$ tyA orney WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO RSdemacher, Chair AUG 1 12014 CROSSROADS COUNSELING, LLC By: Bob Dix, LPC, Owner airyay26 WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. 81400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS - .T..6a$e. ....v..§3. z. . _.. c. 4c "•�:: • .�,. r ......+ ... . .. A. . ,. ,.—....-3xY Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. 81400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of , by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 Bid No. B1400069 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. 81400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. - Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. 81400069 - 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. 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 «RepFName» «RepLName», «RepTitle» 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, Grieco, Director P.O. Box A Greeley, CO 80632 1970)352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName» «Addressl»,«Address2» «City», «State» «Zin» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. 61400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and 424-50-507. 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. 81400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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 11`h Avenue, Greeley, CO 80631, through: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. 91400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. 81400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 0. 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. 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. O. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Proiect Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS *', iT >`{ itN.4W5i F1 F �6 frb Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule>> 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL March 18, 2014 Tobi Vegter Core and Services Contact Coordinator Service Utilization Unit Weld County Department of Human Services 315 A N. 1 l'h Ave Greeley, CO 80632 Dear Tobi, Crossroads counseling Family, Marriage, & Adolescents Since January 1, 2010 Bob Dix and I have been operating Crossroads Counseling. Our agency offers in - home community based intensive family therapy with Juveniles who have committed sexual offenses. Our Target population is youth from age 11-18 years. Both Bob and I are licensed professional counselors. Bob is certified as a SOMB Full Operating Level Treatment Provider for Juveniles who have Committed Sexual Offenses and I am certified as a SOMB Provisional Treatment Provider for Juveniles who have Committed Sexual Offenses. The two programs we offer Weld County are our Family Solution Directed Therapy- SOMB compliant therapy designed to support the adolescent offender along with their family to maximize therapeutic success. And, Individual Solution Directed Therapy- SOMB compliant therapy structured to support an adolescent offender when the family is unwilling or unable to participate in therapy. Additionally, we can also provide offense specific therapy on an hourly basis as needed and when appropriate. Bob and I have worked with Weld County and number of your professionals since the beginning of Crossroads and have developed a reputation of consistent, effective and timely work. We would be please to have you discuss the quality of our work with any one of these people: Paige Stapleton -Lawlor, Tracy Spencer, Andy Cordova or Kim Kinne. Regarding the signing of a contract with Weld County, we have reviewed your draft contract and in principle have no issue signing a document similar to this one. Please let us know when the final draft is available for review. If you have any questions, please contact me directly, James T. Skeen- MS, LPC Crossroads Counseling LLC 1211 Lake Avenue, Suite 203 Berthoud, CO 80513 303-589-8075 communitycounselor@Ipbroadband.net Offense Specific Treatment Family Solution Directed Therapy -- Sexual Behavior Ideal when caregivers participate in treatment L;U1.11is:yiML! Family. Marriage, a Adolescents ✓ SOMEI guidelines arc followed. ✓ Wrap -around service. We involve family, school, church, and any other community supports to ensure treatment goals are met, and work with the family to develop support networks. ✓ 1n -home therapy. The client and family help create treatment goals, and we will be available 24 hours per day. ✓ Minimal individual therapy. Therapeutic gains are maintained for much longer periods of time when the parents are involved in all aspects of therapy. Our counselors act as coaches to the parents to develop effective parenting skills and in holding the client accountable for their past and current actions. We address problematic family dynamics and problems in the parental relationship. ✓ Strengths based. Identify and correct errors in thinking, errors that contributed to the offending behavior and concentrate in treatment on building healthy relationships and experiencing normative healthy sexual experiences. ✓ Safety plans. Creation and adherence to household safety plans and community safety plans ✓ Counselor works closely with caseworker, probation officer, guardian ad !item, and school counselors. Counselor attends all court hearings and monthly staflings. I. Short duration. Average duration of offense specific treatment is about 5-7 months — much shorter than in traditional offense specific treatment ✓ Works best when o any serious mental health issues have been effectively addressed through medication. o there are no serious cognitive disorders, for instance, autism. o the client is in the home. If the client is currently placed out of the home, there should be concrete plans to bring the client home within the treatment period, to have opportunities to engage in therapy and utilize the skills sets in the community. o at least one of the parents acknowledges the existence and seriousness of the referral behaviors and is willing to participate in treatment and effective safety planning. Fees for Services High Intensity $2400/month 10 hours/week approx 3-4 visits/week ;19edlum Intensity S 1600/month 7 hours/week approx 2-3 visits/week Low Intensity $1 000/month 4 hours/week approx l+ visits/week $80 hourly rate when weekly services are not needed. (Tapering of xerviees inward end of lrealnreni or .cland alone ctorf/Canon! i Bob Dix, LPC cell (970) 685-7469 James Skeen, LPC cell (970) 589-8075 Crossroads Counseling, LIE 1211 Lake Avenue, Ste 203 Berthoud, CO 80513 Fax (303) 317-6366 Offense Specific Treatment Individual Solution Directed Therapy —Sexual Behavior Ideal when caregivers can't participate in treatment COUI1Si2 Family, Marriage, & Adolescents SOMI3 guidelines are followed. Wrap -around service. We involve family (if available), school, church. and any other community supports to ensure treatment goals are met, and work with the family to develop support networks. 1n -home therapy. The client and family help create treatment goals, and we will be available 24 hours per day. Individual therapy. Limited or no family therapy. When the family is involved, therapist will address problematic family dynamics and problems in the parental relationship. Ideal for emancipating clients. Therapist can assist client in finding a job and place to live. Strengths based. Identify and correct errors in thinking, errors that contributed to the offending behavior and concentrate in treatment on building healthy relationships and experiencing normative healthy sexual experiences. Safety plans. Creation and adherence to household safety plans and community safety plans Counselor works closely with caseworker, probation officer, guardian ad lilem, and school counselors. Counselor attends all court hearings and monthly staffings. Short duration. Average duration of offense specific treatment is about 6-8 months — much shorter than in traditional offense specific treatment Works hest when o any serious mental health issues have been effectively addressed through medication. o there are no serious cognitive disorders, for instance, autism. o the client is in the home. If the client is currently placed out of the home, there should be concrete plans to bring the client home within the treatment period, to have opportunities to engage in therapy and utilize the skills sets in the community. Fees for Services High Intensity $1800/month 8 hours/week Medium Intensity $1400/month 6 hours/week Low Intensity $1000/month 4 hours/week approx 2-3 visits/week approx l'A-2 visits/week approx I+ visits/week $80 hourly rate when weekly services are not needed. (Tapering off of services toward end of treatment or stand alone clarification) Bob Dix, LPC cell (970) 685-7469 James Skeen, LPC cell (970) 589-8075 Crossroads Counseling, LLC 1211 Lake Avenue, Ste 203 Berthoud, CO 80513 Fax (303) 317-6366 �C+ BOB Dix, LPC 1211 Lake Avenue, Suite 203 Berthoud. CO 80513 r (970) 685-7469 Email: hob@crossroadsx.net Professional Clinical Experience Crossroads Counseling LLC, Berthoud, CO (Jan 2010 - present) • Crossroads provides in -home and in -office solution focused therapy to couples, families. and adolescents. Crossroads deals directly with individual clients and has contracts with counties and the Department of Youth Corrections. • Family Solution Directed Therapy -- Sexual Behavior c; Individual Solution Directed Therapy — Sexual Behavior General — marriage, family, addiction and individual counseling Savio House, Denver & Longmont, CO (Aug 2007 - Dec 2009) • August 2008 to December 2009 o Multi -systemic Therapy — Problem Sexual Behavior (MST-PSB) team • Worked with sexually abusive adolescents and their families to stop abusive behavior and prevent its recurrence through monitoring, education, and therapeutic intervention. The mutisystemic model of therapy is family and community based and de-emphasizes working directly with individual adolescent. • Conducted family therapy sessions; collaborated with school in containment plans, coordinated activities with schools, courts, churches, and other social agencies. • Clinical hourly breakdown: 3% individual therapy hours & 97% family therapy hours • August 2007 to August 2008 o Sexual Abuse Intervention (SAI) team • Worked with sexually abusive adolescents and their families to stop abusive behavior and prevent its recurrence through monitoring, education, and therapeutic intervention. • Ran offense specific treatment groups; conducted individual and family therapy sessions; collaborated with school in containment plans, coordinated activities with schools, courts, churches, and other agencies. • Clinical hourly breakdown: 56% individual therapy hours & 44% family therapy hours License 8 Certifications Licensed Professional Counselor (LPC) Registration number 5387; Expiration August 31, 2013 SOMB Full Operating Level Treatment Provider for Juveniles Registration expires December 31, 2013 EMDR provider — Level 2 training Clinical Volunteer Experience Access Counseling. Boulder & Longmont, CO (2006-2007) • Counseling with children (play therapy), adolescents, couples, individuals, and families. • 78 clients, 1232 total hours — 668 direct hours and 564 indirect hours Emergency Psychiatric Service, Boulder County Mental Health Center, Boulder, CO (2006-2007) • Stalled the emergency telephone crisis line during Friday swing shift — 260 hours logged • Performed or assisted in emergency psychiatric evaluations in Boulder County hospitals and jails Shared Parenting, Boulder, CO (2006-2007) • Program for court ordered non-residential parent supervised visits with their children • Worked with families to meet specific therapeutic goals Weld County North Jail. Greeley, CO (2005-2006) • Co -led weekly therapy groups — psychiatric pod and minimum & low -medium security pods • Counseled individual inmates in the minimum and low -medium security pods Turning Point Center for Youth & Family Development, Greeley, CO (2005-2006) • Tutored 15 year -old young men in the school program Additional Volunteer Experience Longmont Cable Trust (2001-2007) • Member -at -large, board of directors: Trust and its mayor -appointed board administer the master cable contract between the City of Longmont, Colorado and Comcast Cable, Inc. Boy Scouts of America (1997- 2007) • District Advancement Chair, Arapahoe District (1997- 2007): Responsible for overseeing the advancement process of moving young men along the trail from Tenderfoot rank to Eagle rank in the Boy Scouts. Approve Eagle service projects and direct all Eagle boards of review. Arapahoe District is part of the Longs Peak Council, contains 4.500 young men, and spans from Mead to Louisville and from Boulder to the Tri-cities. Church service x(1997-2008) Early morning Religious Studies Instructor (2002 — 2008): Volunteer to teach a one hour early morning (gam) class to juniors and seniors attending Skyline High School in I.ongrnont. Marriage and Family Relations Instructor (2002 - 2008): Two to three times per year teach couples an eight -week course on increasing husband/wife communication and developing more effective parenting skills. Young Men's President (1997-2002): Responsible for the youth activity program for young men between the ages of 12-18 years old in the city of Longmont (about 250 young men). Education MASTERS OF ARTS University ofNorthern Colorado 2007 GPA: 3.91i 4.0 Community Counseling: Marriage and Family Therapy Emphasis MASTERS OF SCIENCE Brigham Young University 1986 BACHELOR OF ARTS Brigham Young University 1.981 BACHELOR OF SCIENCE Brigham Young University 1981 Agricultural Economics (MAJOR) Economics (MAJOR) English (MINOR) Accounting (MAJOR) International Relations (MINOR) Non -Counseling Work Experience Manager, Option Programs (Oct 1991 -- Jul 2004) // Options Analyst (May 1988 - Oct 1991) ContiBeef LLC: 5408 Idyllwild Trail; Boulder, Colorado Developed and implemented objective systematic hedging strategies — using futures and options contracts to hedge the market price risk on 900.000 head of cattle marketed each year. Outlined, coordinated and taught "Hedging l0l" and "Options 101" courses to people inside and outside the ContiBeef organization. Equity Arbitrages (Nov 198; May 1988) JPB Partners; One Financial Place, Suite 1640; Chicago, Illinois Arbitraged between the 0EX (S&P 100 options) and the S&P 500 futures contract. Used statistical option pricing models to identify undervalued & overvalued index options, then bought undervalued options and sold futures against them or sold overvalued options and bought futures to lock in theoretical "edge." Marketing Coordinator (Jun 1982 - Nov 1987) Farm Management Company; 139 East South Temple; Salt Lake City, Utah Developed and implemented objective hedging strategies for managing price fluctuation risk in the corn, wheat, soybean, live cattle, feeder cattle, cotton and orange juice markets. Wrote all historical analysis computer programs that suggested Tong or short futures market positions. cd John W.Hictunlooser GOVERNOR James H. Davis EXFCUTiVF DIRECTOR Colorado Slate Pairol Co:rued° Bureau of Investigation Dimon of Cnrnnal Justice @+^son of Fire Prevention and Control Diasian of Homeland security and Emergency Management %J DCJ DS September 10, 2013 Bob Dix Crossroads Counseling, LLC 1211 Lake Avenue, Suite 203 Berthoud, CO 80513 Dear Mr. Dix, Division of Criminal Justice Jeanne M. Smith, Director 700 Kipling Street, Suite 1000 Denver, CO 80215-5865 (303) 239-4442 FAX (303) 239-4491 The Colorado Sex Offender Management Board (hereafter Board) is pleased to inform you that you have been identified as meeting the criteria established for Full Operating Level Treatment Provider under the Standards and Guidelines for the Evaluation, Assessment, Treatment and Supervision of Juveniles Who Have Committed Sexual Offenses (hereafter Standards), pursuant to Section 16-11.7-106 C.R.S. Your name will appear in the next published Provider List. Until the next list is published, you may use a copy of this letter to verify for referral sources that the Board has determined that you meet the criteria under the Standards in Colorado. Please refer to the Provider List, updated regularly, on the Board's webpage at http://dcj.state.co.usiodvsom/Sex_Offender. Your period of inclusion on the list of providers ends on December 31, 2016, for all categories under which you are listed, at which time you will have an opportunity to renew your application. In addition, during this period, the Board will periodically conduct additional record checks and request updated information as necessary. To be included on the list of providers means that (1) you meet the education and experience qualifications established in the Standards, (2) you have agreed to, and appear to be able to, provide your services according to the standards of practice established in the Standards. Inclusion on the list places you in pool of people eligible for referrals for juveniles who committed sexual offenses. It does not create an entitlement or guarantee that you will receive referrals. The sentencing judge, probation, parole and community corrections have historically chosen, and will continue to determine, which provider(s) on the Board's list offer the type of treatment program they are seeking in the best interest of community safety. As you know, inclusion on the list does not imply either licensure or certification, and should not be represented as such. Any reference should be stated as, for example, "Approved 5OMB Associate Level Treatment Provider for Juveniles Who Have Committed Sexual Offenses." Please note that it is your responsibility to provide the Board with any address changes and/or additions, as well as any changes to program materials. This will ensure accurate information, provided to referral sources, on our website. Pursuant to Section 4.000 of the Standards, you must remain in compliance with the Standards and maintain the qualifications listed, including listing with the Department of Regulatory Agencies. In addition, you must also notify the SOMB if you are ever arrested, as failure to do this in a timely fashion has the potential to jeopardize your status as a provider. Should you have any questions, please feel free to contact me at 303-239-4197 or email address at: Raechel.Alderete@state.co.us Sincerely, Raechel Aiderete Juvenile Standards Coordinator Office of Domestic Violence & Sex Offender Management Division of Criminal Justice, Department of Public Safety Home Page' http://dcj.state.co us E-Mait jeenne smith@cdps.stale.co us Larimer Robert Dix Crossroads Counseling LLC 1211 Lake Avenue, Suite 203 Berthoud (970) 685-7469 bobdix.lpc@gmail.com CO Treatment Provider Juvenile Full Op. Treatment Provider Juvenile Assoc. Treatment Provider Juvenile Full Op. Treatment Provider DD Juvenile Assoc. Treatment Provider DD Juvenile Provisional Treatment Provider 80513 Clinical Supervisor Name (it applicable): Spanish Speaking [. i Evaluator Juvenile Full Op. Evaluator Juvenile Assoc. Evaluator Juvenile Full Op. Evaluator DD Juvenile Assoc. Evaluator DD RoZN-eil-e------raokW--N4- Platte Valley Youth Services Center 2200 "O" Street Greeley CO 80631 (970) 304-6257 rochelle.galey@state.co.us Treatment Provider Juvenile Full Op. Treatment Provider Juvenile Assoc. Treatment Provider Juvenile Full Op. Treatment Provider DD Juvenile Assoc. Treatment Provider DD Juvenile Provisional Treatment Provider Ll CI Polygraph Examiner Juvenile Full Op. Polygraph Examiner Juvenile Assoc. Polygraph Examiner Juvenile Full Op. Polygraph Examiner DD Juvenile Assoc. Polygraph Examiner DD Clinical Supervisor Name (if applicable) Spanish Speaking Evaluator Juvenile Full Op. Evaluator Juvenile Assoc. Evaluator Juvenile Full Op. Evaluator OD Juvenile Assoc. Evaluator DD Erica Jones Polygraph Examiner Juvenile Full Op. Polygraph Examiner Juvenile Assoc. Polygraph Examiner Juvenile Full Op. Polygraph Examiner DO Juvenile Assoc. Polygraph Examiner DO Friday, March 07, 2014 Page 152 of 195 PY-14-15-CORE-0209 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide Offense -Specific Treatment services to youth, ages 11-18, and their families as referred by the Department. 2. Contractor offers two programs; Family Solution Directed Therapy and Individual Solution Directed Therapy. 3. Family Solution Directed Therapy includes: a. Five to seven months of service. b. Wrap -around format that involves the youth's immediate and surrounding community. c. In -home family therapy. d. Minimal individual therapy. e. Strength -based solutions. f. Safety plans. 4. Individual Solution Directed Therapy includes: a. Six to eight months of service. b. Wrap -around format that involves the youth's immediate and surrounding community c. In -home therapy. d. Individual therapy. e. Emancipation emphasis. f. Strength -based solutions. g. Safety plans. 5. Services will be provided by Bob Dix, LPC. All services follow Sex Offender Board Management guidelines, if applicable. Bob Dix is a Full Operating Level SOMB Provider for juveniles. 6. Contractor will work closely with caseworker, probation officer, Guardian ad Litem and school counselors, and will participate in court hearings and staffings as requested. 7. Contractor is sensitive to family ethnicity, culture, values and beliefs. 8. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 9. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 10. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise directed by the Department. 11. Contractor agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. PY-14-15-CORE-0209 12. Monthly packages include attendance at staffings, Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 13. 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. PY-14-15-CORE-0209 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, 2015. 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 or amend it accordingly. 2. Fees for Services $1,000.00/Month (Individual or Family Solution Directed -Low Intensity, 4 Hours/Week, 1+ Session/Week) $1,400.00/Month (Individual Solution Directed -Medium Intensity, 6 Hours/Week, 1.5-2 Sessions/Week) $1,600.00/Month (Family Solution Directed -Medium Intensity, 7 Hours/Week, 2-3 Sessions/Week) $1,800.00/Month (Individual Solution Directed -High Intensity, 8 Hours/Week, 2-3 Sessions/Week) $2,400.00/Month (Family Solution Directed -High Intensity, 10 Hours/Week, 3-4 Sessions/Week) $80.00/Hour (Hourly Rate —Tapering Off) 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. PY-14-15-CORE-0209 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. Account Number: CO CROS 1210 Date: 1/14/14 Initials: ANTONIA CERTIFICATE OF INSURANCE DARWIN NATIONAL ASSURANCE COMPANY C/O: American Professional Agency, Inc. 95 Broadway, Amityville, NY 11701 800-421-6694 This is to certify that the insurance policies specified below have been issued by the company indicated above to the insured named herein and that, subject to their provisions and conditions, such policies afford the coverages indicated insofar as such coverages apply to the occupation or business of the Named insured(s) as stated. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE. Name and Address of Insured: CROSSROADS COUNSELING LLC 1211 LAKE AVE STE 203 BERTHOUD CO 80513 Type of Work Covered: MENTAL HEALTH COUNSELOR Location of Operations: (If different than address listed above) Claim History: N/A Retroactive date is 01/13/2 Additional Named Insureds: ROBERT A. DIX JAMES SKEEN Coverages Policy Number Effective Date Expiration Date Limits of Liability PROFESSIONAL/ LIABILITY 5002-5659 1/13/14 1/13/15 2,000,000 2,000,000 NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED ON THIS POLICY AND HE OR SHE SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE OF CANCELLATION. Comments: THE FOLLOWING ARE AN ADDITIONAL INSURED ON THIS POLICY: 1)DEPT. OF YOUTH CORRECTIONS 4)DOUGLAS COUNTY HUMAN SVCS 2)SAVIO HOUSE 5)LARIMER COUNTY DEPT. OF 3)JEFFERSON COUNTY DEPT. HUMAN SERVICES OF HUMAN SERVICES 6)WELD CNTY DEPT This Certificate Issued to: Name: CROSSROADS COUNSELING LLC 1211 LAKE AVE Address: STE 203 BERTHOUD CO 80513 HUMAN SVCS orized Representative APA 00049 00 (05/2012) GElCO GOVERNMENT EMPLOYEES INSURANCE COMPANY ONE GEIGO PLAZA, WASHINGTON. D , 20076 POLICY NUMBER P 63421131 Policy Period From 05/25/13 To 05/25/14 INSURED NAME AND ADDRESS JAMES T SKEEN BRENDA C SKEEN 3591 BIANCA CT LOVELAND CO 80537-8241 GEICO'S PERSONAL UMBRELLA POLICY AMENDED DECLARATIONS PIIC EN -CU- 01/30/14 AMENDED DECLARATION EFFECTIVE 01/30/ I4 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME NUMBER FOR THIS POLICY PERIOD. THIS POLICY IS EFFECTIVE AT 12:01 A.M. STANDARD TIME AT THE RESIDENCE C)F THE INSIIRED. INSURANCE IS PROVIDED WITH RESPECT TO THE FOLLOWING COVERAGES AND LIMITS SPECIFIED WHERE A PREMIUM 15 STATED. St JBJEC:T TO ALL CONDITIONS O1 THIS POLICY. 1. LIMIT OF LIABILITY $ 1,000,000 II, RETAINED LIMIT Ill. RATING INFORMATION 110 AUTOMOBILE 1984 CHEV AUTOMOBILE 1996 SAIN AUTOMOBILE 2006 PONT AUTOMOBILE 2012 SUBARU MOTORCYCLE 1976 HONDA MOTORCYCLE 2001 HONDA 5U0 IV. PREMIUM $ 46.00 $ 46.00 $ 46.00 $ 46.00 $ 46.00 $ 46.00 V. MINIMUM REQUIRED LIMITS OF PRIMARY INSURANCE $ 300,000/300,000/100,000 $ 300,000/300,000/100,000 $ 300,000/300.000/100,000 $ 300.000/300,000/100,000 $ 300.000/300.000/100.000 $ 300.000/300,000/100,000 19062696!6 000804 000003/00000! 005226/006776 110 -116 -no) U'I) CERTIFICATE OF INSURANCE COUNTRY Preferred Insurance Company P O. Box 2100. Bloomington, Illincrs 61702.2100 1.86E -COUNTRY www counUytrnanclal torn j THEN ,hIF5 S1 JEFFERSON COUNTY HUMAN SVCS 900 JEFFERSON COUNTY PARKWAY GOLDEN CO 80401 Policy No. PO5A54O8129 Effective JAN 03. 2014 12:01 am. standard time at your address. oo,LHl:C DIX ROBERT A & AMY R 1453 CHERRYWOOD WAY LONGMONT CO 80501-3065 Continuous coverage is provided by this certificate unless you are further notified. Nothing contained here varies, alters. extends or rescinds any provision or condition of the existing policy terns. VEHICLE INFORMATION U'.I' TEAR MARE sr.., NC. 2 2O13 rrCNDA 1HGCR2F54DA074606 COVERAGES AND LIMITS COVERAGES LIMITS BODILY INJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE EACH OCCURRENCE 1.000,000 1.000,000 100.000 CERTIFICATE OF INSURANCE Coverage provided by any policy described in a certificate of insurance is not amended, altered, or extended by that certificate. it the policy described in the certificate of insurance is canceled or changed during its term we will provide not less than 10 days notice to whom the certificate is issued. No:rce by regular mail to the last known address will be sufficient compliance with this provision. elot«H1.• v( 12/17/13 11304 (00.02/04/89) PY-14-15-CORE-0225 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND DENVER CHILDREN'S HOME Zit This Agreement, made and entered into thell day of 4 f H 2014, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department o uman Services, hereinafter referred to as the "Department' and Denver Children's Home, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Core Services funding to the Department for Day Treatment Services. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 PY-14-15-CORE-0225 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. 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 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 Response to the Request for 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 2 PY-14-15-CORE-0225 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PV -14 -15 -CORE -0225 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CORE-0225 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CORE-0225 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 PY-14-1S-CORE-0225 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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 1. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. g. 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. 7 PY-14-15-CORE-0225 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 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. 8 PY-14-15-CORE-0225 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. 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 Rebecca A. Hea, Psy.D., Executive Director 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: Rebecca A. Hea, Psy.D., Executive Director 1501 Albion Street Denver, CO 80220 (303) 399-4890, x226 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. 9 PY-14-15-CORE-0225 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. 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 §§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 10 PY-14-15-CORE-0225 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 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. 11 PY-14-15-CORE-0225 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-CORE-0225 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. 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. 13 PY-14-15-CORE-0225 35. 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. 14 PY-14-15-CORE-0225 C )o L Y 0 0 E m a) s Y O N fa C a) E a) a) Q a) s a) a) a) a) a) N a) m s O Y a) a) s C) a) Y CD 0- -C C) i Y LL O W K W i LA V1 W z H z year first above written. N K W z O vi 2 2 O U y - H z O U LL 0 Q Q 0 0] WELD COUNTY, COLORADO 0 N T — C' Q DENVER CHILDREN'S HOME WELD COUNTY DEPARTMENT OF HUMAN SERVICES c90/ - a -/2b WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) B. Bids for the stated services will be received by the Weld County Department of Human Services, Resource Unit, Attn: Tobi Vegter at vegterta@yweldgov.com or P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. 81400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. I. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. 81400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND «CONTRACTOR1» This Agreement, made and entered into the_ day of _, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - 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.5.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. - General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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. Trainin 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 6 Bid No. B1400069 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. Bid No. B1400069 - 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. 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 «ReoFName» «RepLName», «RepTitle» 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: «NoticeFName» «NoticeLName» «Addressl»,«Addressb> «City» , «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. §524-18-201 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. 61400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. H. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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. Hi. 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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS I..... ..., Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. 81400069 �1-t9itii4 le Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. 81400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL ISDenver Children's Home March 21, 2014 Weld County Human Services 315 N. 11th Avenue Greeley, CO 80631 1501 Albion St * Denver, CO 80220 (303) 399-4890 * Fax (303) 320-8619 www.DenverChildrensHome.org Restoring hope & health to traumatized children & their families To Whom It May Concern, Denver Children's Home has a long standing history of working with Colorado's most vulnerable children and families: those that struggle with the effects of poverty, abuse, neglect, exposure to violence and suffer from chronic mental health problems and learning disabilities related to these experiences. We see in every child and family an opportunity for health and healing. Our programs are grounded in an understanding of the psychological, social and biological effects of these adverse life experiences. Through training, research and the use of best practices, Denver Children's Home aims to help youth and their families heal and grow. Expert knowledge in the treatment of victims of abuse, neglect and trauma forms the framework for our healing philosophy. We provide clinical and educational interventions that are age -respectful and developmentally -appropriate to all of our clients. Denver Children's Home is committed to maintaining a safe, healing and facilitative environment that provides culturally respectful, relational and supportive experiences for those who turn to us for help. Thank you for your time and consideration of our request. Sincerely, a2k Rebecca A. Hea, Psy.D. Executive Director Denver Children's Home restores hope and health to traumatized children and families through a comprehensive array of therapeutic, educational, and community -based services. l�1 EXHIBIT B SCOPE OF SERVICES Denver Children's Home (Contractor) DAY TREATMENT SERVICES These services are for children and adolescents whose behaviors are preventing them from attending public school. Contractor will accept both regular and special education students. Contractor's staff will complete an evaluation of specific academic areas in day treatment in order to earn specific educational credits from Weld County Schools. For any child that requires special education assessment, Contractor's staff will expedite the process for special education certification by completing special education assessments acceptable to Weld County Public School District within the first forty-five (45) days from admission. County will not be responsible for any costs associated with education. Services Provided Contractor will provide the following services for the County through this contract: 1. Individual, group, and family therapy on a weekly basis provided in -home and in -facility or as determined by collaboration among the County staff, Contractor's staff, and client/family; 2. Six (6) hours per day of academic instruction in a structured therapeutic environment; 3. Educational evaluation, including assessment for special education services; 4. Psychological evaluation and/or psychiatric evaluation and treatment, if clinically indicated; 5. Substance abuse prevention/intervention; 6. Sexual offender informed supervision for adjudicated sexual offenders and children/adolescents who have been identified to have sexual perpetration and/or victim issues — treatment is provided by RSA or Progressive; 7. Recreation therapy, structured on/off grounds; 8. Hot breakfast and lunch; 9. Independent living instruction for youth ages sixteen (16) years and older; 10. Transition services for return to public school, if applicable; 11. Transportation services at pick-up/drop-off points. Types of Clients Served Children and adolescents, ages nine through twenty-one (9-21) years, meeting Volume VII Core Services' criteria. Referrals and Admissions Each admission will be scheduled within seven (7) days of receipt of the initial referral by the County. A referral packet will include: 1. Current Individual Education Plan, 2. Social history and court reports/court orders, 3. Current Family Service Plan, 4. Psychological evaluations or mental health assessments (if available), 5. Psychiatric or medication evaluation (if available). 1 Staftings/Utilization Review/Oualitv Assurance Contractor's staff will set an initial staffing after ten (10) days and every thirty (30) days thereafter to address utilization review, child/adolescent's progress in treatment and length of stay (LOS). Contractor's staff will invite the parent/family, child/adolescent, County staff, and other professionals connected to the case to staffings. The anticipated LOS in day treatment shall be determined by the presenting treatment issues of the child/adolescent, and agreed upon by both County staff and Contractor's staff. Extensions to authorized LOS will be jointly agreed upon by Contractor's staff and County staff. The County will retain final approval for these extensions. The goal for each child/adolescent is to return to public school unless otherwise agreed upon by parent, child/adolescent, County staff, school district representative, and Contractor's staff. Contractor and County will participate in regularly scheduled quality assurance meetings with each determining personnel appropriate to participate. Topics to be addressed include, but are not limited to, systemic and case specific issues. Reports and Data Management Contractor's staff will submit written monthly progress reports to County staff by the fifteenth (15`h) of the following month. Individual client progress reports will include, but not be limited to, 1. Client name, 2. Types and dates of treatment, 3. Treating staff and credentials, 4. Client progress toward educational goals and objectives, 5. Client progress toward treatment goals/objectives, 6. Recommendations or additional information, 7. Current grades and attendance, 8. Number of family sessions attended. Contractor's staff will complete and submit a written discharge summary to the County Caseworker within thirty (30) days following discharge from the day treatment program. Contractor's staff will track and report key data elements for children/adolescents in day treatment on a quarterly basis. Data elements shall include, but are not limited to, 1. Number of children/adolescents referred for day treatment and the number accepted for treatment, 2. LOS, 3. Number of successful/unsuccessful discharges, 4. Level of care following discharge from day treatment, 5. Recidivism within twelve (12) months from discharge. Contractor's staff will cooperate with annual assessments of its day treatment services and any reporting needed as authorized by the County Core Services Commission. 2 Costs for Services Cost for services is outlined in EXHIBIT D. Funding will be provided through the County Core Services' allocation based on a state fiscal year of June 1St through May 31st. Payment will be pro -rated according to Colorado Trails' standards. Contractor must receive a written authorization for Day Treatment from the County, for any child receiving day treatment services. Contractor will not raise rates during the term of this agreement. 3 EXHIBIT D PAYMENT SCHEDULE Denver Children's Home Service Type Program Description & Detail Rate Unit Day Treatment Treatment Package Moderate — Regular Day Treatment Treatment Package Moderate, includes: Individual, family, and group therapy with Masters Level clinician for at least three hours a week with MA level while attending school in the program. Provide a monthly report of treatment plan and progress. $1,648.00 Monthly Day Treatment Treatment Package Intensive — DD/MH needs, Life Program $94.00 Day Day Treatment Treatment Package — Transportation outside of boundary areas (negotiable on a case by case basis) $300.00 Monthly Day Treatment Family Counseling (additional) hourly rate $65.00 Hour Lyndsey DiOrio 2578 E. Nichols Circle Littleton, CO 80122 (312)282-6830 Objective To provide therapeutic services to children, adolescents, and families. Education LOYOLA UNIVERSITY CHICAGO Chicago, Illinois Master of Social Work, emphasis in Medical Social Work, April 2004 NEBRASKA WESLEYAN UNIVERSITY Lincoln, Nebraska Bachelor of Science in Sociology and Anthropology, May 2002 Minors in Psychology and Criminal Justice Licenses Licensed Mental Health Practitioner Licensed Master Social Worker Experience Number 3269 Number 1249 November 2006 -October 2007 St. Monica's Behavioral Health Lincoln, Nebraska Intensive Outpatient Counselor • Provide weekly individual and family therapy'to adolescents with substance dependence and mental health issues. Provide educational and therapeutic groupsto adolescents involved in the intensive outpatient program. • Provide relapse prevention planning and crisis intervention to high -risk adolescents. ko Develop and implement the curriculum for the outpatient groups including art therapy, addiction education, healthy decision making, twelve step/ recovery, feeling management, trauma related issues, and empowerment. • Provide crisis intervention and on -call services to adolescent girls living in the treatment group home facility. • Assist clients in finding a positive support system. • Work collaboratively with other professionals including caseworkers, probation officers, and mental health counselors. September 2006 -March 2007 Child Saving Institute Omaha, Nebraska Young Parents Program Therapist • Provide outpatient mental health services to adolescent and young adult parents. • Provide outreach services to at -risk adolescents in the community. • Provide therapy for children and youth with emotional, behavioral, and mental health issues and their families. • Complete assessments on individuals participating in parenting classes to assess their need for additional services. • Educate the community on parent -child relationships through presentations and dissemination of information. December 2004- August 2006 Child Gnidance Center" Lincoln, Nebraska Outpatient Therapist • Provide outpatient mental health services to children, adolescents, and their families. • Provide play, individual, family, and group therapy. • Provide individual and family therapy to children and adolescents dealing with extreme trauma D;Or id and abuse or neglect issues. • Supply parents with community resources. • Educate parents on effective strategies that can be implemented at home. • Collaborate with community agencies to provide comprehensive services to children and families. • Provide therapeutic services to adolescent sex offenders and their families. • Complete treatment planning for children and adolescents diagnosed with various mental health issues. • Provide intensive case management services to clients and families. November 2004 -December 2004 Health and Human Services of Nebraska Lincoln, Nebraska Protection and Safety Trainee • Investigate allegations of abuselneglect. • Visit homes, conduct family assessments, establish safety plans, and initiate court interventions. • Develop, implement, and evaluate treatment plans; authorize, coordinate, and provide family services. • Perform crisis intervention. July 2004 -October 2004 Child Guidance Center Lincoln, Nebraska Multi -Systemic Therapist • Provide intensive family and community based treatment to parents and children referred through the school. • Empower parents with the skills and resources needed to independently address the difficulties that arise in raising children. • Provide services to families in the home, school, and community settings. • Remove barriers to accessing services and achieving outcomes. • Strict adherence to the Multi -Systemic model. August 2003 -May 2004 University of Chicago Hospital Chicago, Illinois Social Work Intern- Cardiology Service • Provide resources and information to patients and their families. • Provide substance abuse counseling. • Facilitate nursing home, hospice, and rehabilitation placements. • Assist with Psychosocial Assessments for heart transplant patients. • Provide supportive services to patients and families. • Initiate Department on Aging Screening for homemaker services • Provide grief and bereavement counseling to patients and their families. • Provide support and crisis counseling to patients and family members. • Participated in Continuity of Care Rounds for Cardiology patients. August 2002 -June 2003 North Cook Young Adult Academy Chicago, Illinois Social Work Intern • Provide individual counseling to youth dealing with a variety of mental health issues. • Facilitate communication between faculty and students. • Maintain documentation of weekly individual sessions. • Co -facilitate a weekly women's group dealing with topics such as eating disorders, relationships, social phobias, sexuality, and self esteem. • Participate in daily team meetings regarding disciplinary issues. January 2002 -July 2002 r'io Centerpointe Substance Abuse Rehabilitation Facility Lincoln, Nebraska Counselor Assistant/Technician • Provide supervision to youth in a residential drug, alcohol, and mental health setting. • Facilitate educational and recreational groups for dual diagnosis youth. • Provide resources and information to callers on the drug -crisis line. • Organize individual case files on a monthly basis. • Provide social support and crisis intervention to suicidal youth and youth attempting to leave the residential setting. • Monitor visits between clients and family members. October 2002 -December 2002 Centerpointe Substance Abuse Rehabilitation Facility Lincoln, Nebraska Intern • Interact with clients living in the residential treatment facility. • Provide educational tutoring to the youth. • Assist with the facilitation of recreational groups. lune 2001 -August 2001 Cook County Jail -Division One Special Incarceration Unit Chicago, Illinois Social Work Intern • Provide supportive services to inmates and their families. • Retrieve and discuss pending case information. • File grievances on behalf of the inmates. • Assist inmates in the law library. • Help inmates apply to the education and work programs within the jail. References References are available upon request. Katharine A., Gannon 1625 S. Birch St. #702, Denver, CO 80222 • (708) 4155293 • katharine.a.gannon@gmall.com Qualifications & Areas of Cxpartlsa Licensed Professional Counselor eligible, NCE exam pending Children, adolescents, and families Trauma -informed care Crisis intervention School & Home -based treatment CPR/First Aid Drug/AlcohoVMental Health Assessment NPI registered Individual, family, and group therapy PTSD/Attachment Behavioral change and support Youth Corrections Emergency Response Crisis Team Motivational Interviewing Professional rxperlonco ArapahoelDouglas Mental Health Network, Littleton, CO Prince Street Academy Day Treatment Program (PSA) Clinical Therapist (Sep 2010 -Jun 2013) Volunteer (Jun 2009 -Sep 2010) Clinical Therapist Intern (Jan 2009 -Jun 2009) • Provide individual, group therapy, and affective education to students, ages 8 to 18, with identified significant emotional disabilities and other co-occurring mental health issues • Provide home -based therapy and parent support to families of students in PSA program • Helped develop practices and protocols to implement the 'Positive Behavior Intervention and Supports' model of school -based behavior management • Helped introduce and implement trauma -informed Interventions in school and home • Collaborate with academic staff to integrate strengths -based therapeutic Interventions within the classroom and other milieu settings • Develop and coordinate treatment plans and IEP goals with school districts, probation officers, guardian ad litems, and DHS case workers • Provide on -going case management, assessment, care coordination, crisis intervention, treatment planning, report writing, diagnosis and educational advocacy services to PSA students and families • Provide field experience support to masters -level clinical interns • Serve on agency's peer review team and emergency crisis response team 18th Judicial District Juvenile Assessment Center, Centennial, CO (Nov 2009 -Sep 2010) Intake Specialist for At -Risk Youth • Conduct screenings and assessments of voluntary or court -ordered juveniles • Collaborate referrals with court system and various youth serving agencies • Maintain effective communication with parents and law enforcement officials regarding placement, process, and resources • Process juveniles for jail and complete necessary documents for intake • Mediate reunification between youth and family • Compose Detention Assessment Reports for magistrate and judge reference • Provided crisis intervention when necessary • Compile service recommendations based on juvenile/family's needs • Provide short-term, post -detention support to youth and families Community Reach Center, Denver, CO (Aug 2007 -Jun 2008) Clinical Intern, Day Treatment Program • Provided individual, group, and family therapy, as well as milieu management, in day treatment setting for children ages 7-18 with Significant Emotional Disabilities • implemented the Collaborative Problem Solving Therapeutic Intervention • Utilized play, art, sand tray, music, and recreational therapy techniques SIBYL GRAHAM, MSW 995 Corona Street, #6 • Denver, CO 80218 • 415-235-3707 • sihylp@gmail.com AREAS OF EXPERTISE • Family, Couples, Individual & Group Counseling • Crisis Intervention & Conflict Resolution • Mental Health Assessment & Treatment Planning • Multidisciplinary Collaboration with Community Agencies & Professionals • Case Management, Advocacy & Resource Coordination EDUCATION • Child/Adolescent Development • Parent Skills Training & Behavior Management • Clinical Reports, Service Evaluation & Discharge Planning • Public Speaking & Case Presentation • Public Policy Advocacy & Lobbying • Fundraising & Event Planning University of Denver Graduate School of Social Work: Master of Social Work Certificate: Interpersonal Trauma Studies Denver, CO Fall 2010 — June 2012 Areas of Focus Clinical Social Work with Families, Interpersonal Trauma Studies & Social Policy Advocacy Student Organization Affiliations: Phi Alpha Honors Society & NASW Member Honors/Awards: Spring 2011 - Received the Constance L. Calkin Scholarship, which is awarded to one student for outstanding field internship performance. Ohio University School of Arts & Sciences: Bachelor ofScience - Environmental Biology Minor: Women's Studies PROFESSIONAL COUNSELING EXPERIENCE Athens, OH 2001 FACES (Family, Advocacy, Care, Education, & Support) Denver, CO Home Visitation Family Counselor, Advocate, and Educator September 2011 — Present • Provided trauma -informed, in -home individual, couples and family counseling for high -risk families. • Led parent skills training and support groups focusing on attachment, child development, and positive discipline. • Responsible for intake, clinical assessments, treatment planning, collaborative goal setting, and ongoing evaluation of treatment for both voluntary and mandated clients. • Service coordination and reporting to multidisciplinary teams including Colorado Department of Human Services, TANF caseworkers, educators, Colorado Department of Corrections, and medical professionals. The Kempe Center — Fostering Healthy Futures Program (FHF) Aurora, CO Community -Based Therapeutic Mentor September 2010 — June 2011 • Designed and implemented therapeutic client visits in the community for adolescents in foster cart. • Facilitated weekly life skills group and set individualized goals with children to reinforce curriculum generalization. • Advocacy and case coordination in all systems including schools, social service agencies, mental health agencies, and families to significantly impact the lives of the children in multiple domains of life. • Attended weekly didactic training provided at The Kempe Center and Children's Hospital, topics included: attachment in abused/neglected children, the child welfare system, suicide assessment/intervention, academic testing, legal advocacy, fetal alcohol syndrome, and advocating for high -risk children in the educational system. Additional Tralnings Denver, CO Various September 2010 — Present • Trauma -Focused Cognitive Behavior Therapy for Children & Families Web -Based Training • Colorado Children's Campaign Speak Up for Kids Day at the Capito/Lobbying Training • Multicultural Micro -Aggression Training & Vicarious Trauma &Compassion Fatigue Training References Available Upon Request SIBYL GRAHAM, MSW 995 Corona Street, #6 • Denver, CO 80218 • 415-235-3707 • sibylg@gmail.com VOLUNTEER EXPERIENCE Veterinary Street Outreach Services (Vet SOS) San Francisco, CA Street Outreach Volunteer August 2009 - July 2010 • Volunteers assist veterinarians in providing on -site services to companion animals of homeless San Franciscans. Clients are at varying states of crisis, and volunteers interface with clients at various levels of agitation and emotional distress. Volunteers provide ad hoc counseling, crisis management, and support services as needed. EMPLOYMENT HISTORY Daniels College of Business — University of Denver Denver, CO Daniels ASCEND Fundraising Campaign Coordinator July 2011 — Present • Organize various aspects of the Daniels ASCEND Campaign with a focus on data management, communications, marketing materials, financial reporting, and volunteer coordination for a $100M fundraising campaign. • Manage and coordinate the volunteer Daniels ASCEND Campaign Steering Committee ensuring that monthly meetings, administrative tasks, and communications are executed successfully. Wilsonwest, Inc. San Francisco, CA Meeting/Event Producer April 2007 — May 2009 • Managed a portfolio of domestic and international meetings and events ranging from 10 to 2,500+ guests/attendees with complex, multi -layered project budgets averaging $450K+. • Accountable for all event related suppliers including selecting, negotiating, executing, and managing associated contracts and day-to-day logistical aspects of event project management from site selection to management of logistical staff. Fine Arts Museums of San Francisco (FAMSF) San Francisco, CA Senior Facility Rental Manager October 2004 - April 2007 • Managed marketing, sales, and operations for facility rental programs at both the de Young and Legion of Honor museums including management of annual departmental budget of $500K+, three full-time, and 10 part-time employees. • Planned and executed FAMSF's largest annual fundraiser grossing over $500K and welcoming 20K+ guests. • Established and wrote comprehensive `Event Policies and Procedures' training manuals for FAMSF. Aquarium of the Bay (AOTB) San Francisco, CA Sales and Events Manager & Interpretive Naturalist Lead August 2003 — October 2004 • Managed facility rental program and Annual Sex in the Sea fundraising event welcoming 500+ guests. • Environmental educator ages K-12. • Managed Interpretive Naturalist staff including scheduling, training, and supervision. Upper Valley JVS (UVJVS) Piqua, OH Secondary Education Instructor September 2001 — December 2002 • Long-term substitute instructor all subjects — lesson planning and curriculum development. • Implementation of Individualized Educational Plans (LEP) and behavioral performance evaluations. References Available Upon Request SIBYL GRAHAM 995 Corona Street, #6 • Denver, CO 80218 • 415-235-3707 • sibylg@email.com REFERENCES Gretchen Gagel Assistant Dean of Advancement and Alumni Relations University of Denver - Daniels College of Business 303.871.7668 — office phone 303.564.4164 — mobile phone gretchen,mel@du.edu July 2011 - Present Gretchen Gagel is currently my supervisor at the University of Denver Daniels College of Business Office of Advancement and Alumni Relations where I am employed, part-time, as the ASCEND Campaign Coordinator. I have been working under Gretchen since July 2011 and meet with her individually on a weekly basis to discuss assigned tasks, establish ongoing goals, and receive feedback on my performance. Debbie Hart, MA Program Director/Intern Supervisor FACES — Family, Advocacy, Care, Education, and Support 720.570.9333 — office phone dhart®facesonline.org September 2011 — June 2012 Debbie Hart acted as my task supervisor during my internship at FACES. Over the nine months that I interned with FACES I met with Debbie twice a month for individual supervision and on an as -needed basis to discuss cases, interventions, and to seek clinical guidance. Debbie also worked with me to establish my final research topic, which was to assess how individual trauma history impacts client engagement for FACES home visitation services. Jesse Carollo, MSW, LCSW Therapist — Mount Saint Vincent Home Former Family Counselor/Intern Supervisor - FACES 248.752.2581 — mobile phone carollo.jessicaC 1gmail.com September 2011 — June 2012 Jesse Carollo acted as my supervisor at FACES during the 2011/2012 academic year. Over the course of my I internship at FACES I met with Jesse twice a month for group supervision with three other graduate interns and on an as -needed basis in order to discuss cases, intervention strategies, and work through challenges. Jesse left FACES in June 2012 and now works at Mount Saint Vincent Home in Denver. Orah Fireman, M. Ed., LCSW September 2010 — June 2011 Instructor/Intern Supervisor The Kempe Center — Fostering Healthy Futures Program (FHF) 303.864.5210 — office phone 303.968.9678 — mobile phone fireman.orahna, tchden.ory Ms. Fireman acted as my internship supervisor at The Kempe Center — Fostering Healthy Futures Program. I met with Orah twice weekly, once for individual supervision, and once for group supervision with three other graduate interns. I was honored by Orah who nominated me for the Constance L. Calkin Scholarship for outstanding field internship performance, which I was selected to receive for the academic year 2011/2012. Further Professional, Personal, or Academic Frferences Available Upon Request allWatr Curriculum Vitae Tara K. Folan, Ph.D. 1642 Hemlock Way Broomfield, CO 80020 Home: (303) 469-3122 Mobile: (303) 842-0238 tarafolan@hotmail.com EDUCATION 2005 Ph.D. Human Development and Family Studies Specialization: Child and Adolescent Development School of Family Studies University of Connecticut Dissertation: Connecticut School -Based Mentoring Programs: Perspectives ofMentees, Mentors, and Program Coordinators 2001 M.S. Marriage and Family Therapy College of Human Ecology East Carolina University 1996 B.S. Birth -Kindergarten Teacher Education College of Human Ecology East Carolina University HONORS AND AWARDS University of Connecticut • Recipient of the Summer Fellowship for Advanced Doctoral Students • Recipient of the John Maciolek Post No.154 Scholarship East Carolina University Graduate Career • Kappa Omicron Nu • Recipient of MFT Alumni Scholarship • Honorable Mention, Marriage and Family Therapy Poster Conference • Participant in Outstanding Alumni Day • Panel Member, Career Day Undergraduate career • Magna cum Laude graduate • Recipient of Outstanding Senior Award • Phi Kappa Phi • Gamma Beta Phi PROFESSIONAL EXPERIENCE 2003-2005 Program Coordinator, Parent Education Program Cooperative Extension System and University of Connecticut Storrs, CT ■ Duties included supervising office support staff, recruiting, training, and monitoring program facilitators and hosts, maintaining communication with satellite offices and university personnel, managing administrative tasks, working with university supervisor to renew status as a state provider 2004-2005 Special Projects Coordinator, Connecticut Mentoring Partnership Governor's Prevention Partnership Hartford, CT • Duties included developing appropriate evaluation tools, collaborating with staff on evaluation projects, recruiting programs, supervising interns, communicating with mentoring coordinators, collecting and analyzing evaluation data using SPSS, writing reports 2000-2001 Family Therapy Intern East Carolina University Family Therapy Clinic and Jenkins Cancer Center Greenville, NC • Provided systemic therapy to families, couples, and individuals • Trained in the eco-structural model, brief solution -focused therapy, and intergenerational therapy • Conducted intakes and initial assessments, worked with clients to develop treatment strategies, implemented interventions, collaborated with larger systems • Completed over 1500 hours at internship sites, 500 hours of direct clinical contact, and over 200 hours of supervision • Received 6 hours of clinical supervision per week in the form of live, group, and video format by an approved AAMFT supervisor • Co -facilitated "Living on After Loss" adult support group • Facilitated "New Colors" bereavement group for school -age children TEACHING EXPERIENCE 2002-2005 Lecturer University of Connecticut, School of Family Studies Storrs, CT • Infancy through Adolescence (taught six times) ■ Introduction to Counseling 2002-2005 Parent Educator Cooperative Extension System and School of Family Studies Storrs, CT • Facilitator of the `Parenting Apart: Strategies for Effective Co -Parenting' curriculum • Duties include facilitating state -mandated divorce classes for parents, participating in ongoing training of facilitators 2003-2005 Guest Lecturer University of Connecticut, School of Family Studies • The role of pets in families. (2004). Introduction to the Family course. • Divorce education and its utility for parents and children of Connecticut. (2004, 2005). Parenthood course. • Companion animals as facilitators of children's emotional and social development. (2004). Social and Personality Development in Childhood course. 2001-2002 Lecturer East Carolina University, College of Human Ecology Greenville, NC • Child Development -Conception through Age 8 (taught three times) • Child Development -Age 8 through 18 (taught three times) • Risk and Resiliency in Children (taught twice) • Guiding and Directing the Behavior of Young Children (taught three times) • Introduction to Birth -Kindergarten Teacher Education (taught twice) • Lab School Practicum: Pre -Service B -K Teachers 1999-2001 Graduate Teaching Assistant East Carolina University, College of Human Ecology Greenville, NC • Taught specific lessons within the Introduction to Birth -Kindergarten Teacher Education course and proctored exams, graded papers, and maintained student records for two faculty members 1996-1999 Certified Public School Teacher New Hanover County School System Wilmington, North Carolina • Planned and implemented lesson plans for an at -risk population • Conducted home visits for all students throughout the year • Directed teacher assistant • Administered and scored DIAL -R to all prospective students • Participated in staff development and High Scope training seminars and served on various committees RESEARCH EXPERIENCE 2002-2003 Graduate Research Assistant Parenting Apart Program, University of Connecticut • Assisted in daily operation of the Parenting Apart Program • Maintained client database 2003 Independent Student Researcher School of Family Studies, University of Connecticut • Designed and developed survey instruments, collected data, conducted analysis for independent research project 1999-2001 Graduate Research Assistant East Carolina University, College of Human Ecology • Conducted library research for faculty research projects • Assisted with data collection and preparation of research presentations • Created and managed database for B -K Alternative Licensure and Preschool Add - On Licensure students 2000-2001 Volunteer Research Assistant Post -Disaster Mental Health Adjustment in School -Aged Children Fact Carolina University, College of Human Ecology • Administered screening evaluations to assess students' emotional adjustment • Assisted in various duties related to the project RESEARCH INTERESTS School -based mentoring Youth development, programming, and evaluation Social and emotional development in children Human -animal relationships PUBLICATIONS AND OTHER WORKS Folan, T. K., & Britner, P. A. (in progress). School -based mentoring: Perspectives of mentees, mentors, and program coordinators. Manuscript under review. Folan, T. K. (2005). School -based mentoring: A profile of Connecticut programs. A technical report submitted to the Governor's Prevention Partnership and the Connecticut Mentoring Partnership. Heybruck, K., Folan, T. K., Dunlap, C., & Aguira, M. (2005). The Windham Heights After School Program: An evaluation of outcomes. Unpublished manuscript, University of Connecticut. Folan, T. K. (2004). [Review of the book. Working with Parents of Aggressive Children: A Practitioner's Guide.] The Journal of Primary Prevention, 24, 407-409. Folan, T. K. (2004). The role of pets in children's lives. Unpublished manuscript, University of Connecticut. Smith, A. L., Folan, T. K., & Haaland, C. (2002). Connecting practitioners with the progression of Alzheimer's caregiving. Journal of Systemic Therapies, 21, 86-100. FUNDED GRANTS Mulroy, M. T., & Folan, T. K. (2004). Parenting Apart Program. Responded to a request for proposals and was approved to deliver fee -for -services for statewide divorce education program. PRESENTATIONS Folan, T. K. (2005). Co parenting during and after incarceration: Tools for fathers. Presented to prisoners enrolled in a parenting class at the McDougal Correctional Facility, Suffield, CT. Heybruck, K., Folan, T. K., Dunlap, C., & Aguira, M. (2005). Reflections on the role of service learning of program evaluation. Presented at the Kelly Evaluation Conference, Albany, NY. Folan, T. K., & Mulroy, M. (2004). Children and their animals: A descriptive study exploring the meaning of ownership from both the child and the parental perspective. Presentation at the National Extension Association's 21" Century Families Emerging Issues conference, Little Rock, AR. Mulroy, M., & Folan, T. K. (2004). The impact of divorce on children. Presentation at the annual meeting of the Connecticut Family and Consumer Science Educators, New Britain, CT. Fogarty, E., Folan, T. K., Gable, R. K., Goldstein, J., Liu, X., & Ripoll-Nunez, K. (2004). The development of valid instruments in the affective domain. Symposium presented at the annual meeting of the Northeastern Educational Research Association, Kerhonkson, NY Folan, T. K. (2001). Exploring family changes during and after cancer. Workshop presented at the monthly support group meeting at the Leo Jenkins Cancer Center, Greenville, NC. Long, P., & Folan, T. K. (1998). Fostering emergent literacy in young children. Workshop presented at the University of North Carolina -Wilmington Early Childhood Education conference, Wilmington, NC. PROFESSIONAL ORGANIZATIONS • Society for Research in Child Development • National Council on Family Relations • National Association for the Education of Young Children ■ International Society for Anthrozoology Rebecca A. Hea, Psy.D. 779 East Phillips Drive South Littleton, Colorado 80122 ll: (303) 730.9673 • Cell: (720) 331.6236 r2hea@msn.com Summary of Qualifications ➢ Sixteen years of high-level non-profit administrative, management and clinical experience. ➢ Experienced and accomplished leader, with demonstrated skills in developing and guiding diverse teams to complete organizational objectives and meet the needs of at -risk youth and their families. S. Ability to communicate dynamically and effectively with clients, colleagues, and donors within the private and public sectors, as proven by an outstanding track -record of delivering high quality human services in an efficient manner within budgetary constraints. > Specialize in leading programs that serve children, with specific areas of expertise including: • Developing programs to serve children and adults who have been impacted by trauma • Coordinating private/public partnerships to benefit those served by human service agencies • Setting and measuring strategic goals and objectives • Establishing and implementing collaborative programs and projects on the local, state and national levels • Developing and implementing policies and procedures that achieve desired goals • Writing and reviewing public and private grant applications • Building consensus on contentious issues • Managing to budgets and schedules • Working with Boards of Directors Professional Experience Denver Children's Home October 2010 to Present Executive Director Responsible for the internal administration of the agency during a critical transition phase. Leading the reorganization and restructuring of program and staff resources to ensure the financial viability of the agency. Day-to-day responsibilities include clinical and business administration of the residential, day treatment, group home, and on -site educational programs combined with the supervisory oversight for 70 staff and fiscal management of a $5,000,000 budget. Also responsible for the external functions of the agency, including acting as the community spokesperson, serving as the primary contact for governmental customers, directors of county human services agencies and directors of public school systems. Developing partnerships in the political, private and non-profit communities. Working with the Board of Directors to strategically position agency in the ever-changing mental health climate in order to best meet the needs of emotionally distressed children and families in Colorado. Rebecca A. Hea, Psy.D. Page 2 Outward Bound USA December 2009 to October 2010 Consulting Psychologist Provide clinical consultation services on an as -needed basis for the Executive Emergency Response Team for Outward Bound USA. Facilitate Critical Incident Stress Debriefings for staff and clients. Serve as mental health expert for national Safety Department and Outward Bound USA staff. Outward Bound Denver/Leadville Mountain Centers November 2008 to May 2010 Executive Director Implemented the start-up of a new urban center focusing on community partnerships to serve at - risk youth. Developed a now national model program, pairing an urban program with a large wilderness base camp. This program model is to be replicated nationally throughout the Outward Bound organizations. Accomplishments included: • Developed the new OB Denver Center by creating partnerships and delivering high -quality and safe Outward Bound programs to at -risk, inner city youth • Created partnerships to provide programming for over 12 community -based organizations • Served over 775 at -risk youth in the first year of operation • Responsible for the budget management of $3.3 million annual budget • Hired and trained office staff to work with national organization • Responsible for oversight of largest base camp at Outward Bound USA • Merged organization and programming for the largest base camp and the newest urban center at OBUSA • Completed successful program review and safety audit in first year of operation. • Established board of directors and committee structure including Safety, Programs and Nominating committees • Successfully met all development goals in the first year of operation by raising over $1.5 million. • Cultivated major donors and re-engaged alumni from Outward Bound Denver Children's Home 1995 to 2008 Associate Executive Director/Executive Director of Development (2001 to 2008) Senior administrator at a residential, outpatient and educational treatment facility that serves over 700 traumatized, abused and neglected children and family members each year with a staff of approximately 125 people. Was directly responsible for agency development and fundraising over $ 1 million each year out of total agency budget of $6.4 million per year. Increased total annual fundraising by 200% within five years. Expanded accredited school for at -risk youth from one to three sites. Was in charge of special projects including implementing and monitoring national, state and local collaborative programs; agency marketing, program development of clinical systems, quality assurance and outcomes, public relations, facility management. Was responsible for board development, training, recruitment, orientation and retention. Accomplishments included: 'Rebecca A. Hea, Psy.D. Page 3 • Developed a partnership of over sixty non-profit community -based agencies through the national initiative of the Annie E. Casey Foundation, forming the East Denver Collaborative to provide extensive services to children and families in need • Coordinated and implemented the distribution of over $1.5 million of new clothing within hours of receipt, to agencies serving needy families throughout the Denver metro area, by working in collaboration with K.I.D.S., the global foundation that distributes $62 million worth of new products for the benefit of almost five million children who live in poverty of donated merchandise • Speaker at the national Gala of the K.I.D.S Foundation followed by an invitation to join their National Advisory Board • Worked with HARPO Productions while DCH was featured on Oprah's Big Give, a philanthropically -based reality television show, and worked closely with contestants to raise almost $300,000 of cash and in -kind donations for Denver Children's Home in a 48 -hour period • Supervised and coordinated implementation of a master -plan involving national donors providing complete renovation of building dormitories • Established and implemented a SAMHSA national model substance abuse program and expanded it to include the east Denver community • Supervised staff and personally was responsible for fundraising $1.325 million in last year at DCH, an increase of 10% of the prior year's total Outpatient Clinical Coordinator/Treatment Leader (1995 to 2001) • Developed and administered accredited pre -doctoral internship affiliation between Denver Children's Home and the University of Colorado Health Sciences Center • Developed the Intensive In -Home program to provide services for families in need. • Supervised clinical program and had administrative responsibility for 50 youth (ages 6 to 18) through eight counselors and therapists. • Psychologist for all outpatient programs and consulted with psychiatrists on medical evaluations. • Performed psychological test batteries and conducted individual, group and family therapy sessions. The Children's Hospital, University of Colorado Health Sciences Center 1994 to 1995 Psychology Intern A primary therapist that led treatment coordination for children and adolescents on a psychiatric inpatient unit, psychiatric day treatment program, and outpatient clinic. Provided individual, family and group therapy. Conducted psychological test batteries for the Adolescent Medical and Psychiatric Unit and the Child Development Unit. Co -facilitated a monthly support group for adolescents who had suffered traumatic brain injuries. Completed sub -specialty training in feeding and eating disorders, consultation and liaison services to the hospital, rehabilitation medicine and neonatology research. Education and Affiliations University of Denver — Denver, Colorado Doctor of Psychology, August 1995 University of Colorado — Denver, Colorado ' Rebecca A. Hea, Psy.D. Page 4 Masters of Public Administration, Specialty in Non -Profit Management, May 1986 Selected Outstanding Graduate, Class Rank: First University of Colorado — Boulder, Colorado Bachelor of Arts, Political Science, May 1984 Training Programs Leadership Denver, Class of 2008, Denver Metro Chamber Leadership Foundation The Denver Institute for Psychoanalysis, The Denver Psychoanalytic Society Psychodynamic Psychotherapies Training Program, Certificate, September 1998 Licensure Clinical Psychologist, State of Colorado #2154 Memberships Colorado Psychological Association and Denver Psychoanalytic Society Rena M. Hodge 2956 Iron Springs Pl., Castle Rock, CO 80109 970-405-1513 Summary of Qualifications: • Individual and Family Therapy • Case management experience • Assessing and evaluating treatment progress • Implementing treatment plans • Cooperative and supportive colleague • Writing and utilizing clinical reports • Outstanding proven ability to work with the community and provide helpful services Professional Experience GAL Office of Laura Locke 10/11- Present Caseworker • Community visits with clients • Documentation of visits in organized reports • Maintaining professional relationships with service providers • Providing observations and evidence based assessment of the success of clients • Ability to maintain a schedule to benefit clients Community Safety First (Theresa Weiss) 8/12- Present Individual and Family Therapist (Part-time caseload only) • Facilitation of individual, group, and family therapy sessions • Ability to encourage clients to develop healthy and appropriate coping skills • Developing clinical assessments • Implementation of therapeutic interventions and techniques based on client(s) needs • Demonstration of critical thinking in order to develop client centered objectives • Ability to uphold ethical standards to provide healthy environment • Communication with supervisor weekly to discuss case progress Jefferson County Department of Human Services (Golden, CO). 12/08- 12/09 Caseworker B • Delinquency Services Caseworker • Ongoing case management to reduce risk and ensure safety • Evaluation of risk and safety • Knowledge of service providers and community partners in order to meet the needs of clients and families • Regular communication with juvenile justice system • Organized clear documentation to advocate for the needs of clients (court reports, assessments, case notes, and reviews) • Systematic communication with clients and families in order to develop a collaborative plan Savio House (Denver, CO). 9/07 -12/08 CPA Case Manager • Provide homes and clients various community resources • Work closely with treatment teams including caseworkers and probations officers • Ensure homes and clients follow and understand guidelines of treatment plan • Weekly individual meetings with clients and foster parents • Organization and preparation of client and home files References Available Upon Request Healing Homes- Emily Griffith Home (Wheat Ridge, CO). Group Home Supervisor • Program development • Youth staffing and treatment plans • Supervision of Staff • Individual and Group therapy Training( and Accomplishments: • Clinical Licensure eligible (LMFT) • SOME certification eligible • CORE Training • Legal Preparation Training • Sexually Abusive Youth Training • Informed Supervision • TCI certified • CPR/First Aid Certified • Medication Administration • Dean's List • Academic Honors • Phi Sigma Pi Alumni Education: UNIVERSITY OF PHOENIX (Lone Tree, CO) MET- Masters of Marriage and Family Counseling UNIVERSITY OF NORTHERN COLORADO (Greeley, CO). B.A.- Sociology (Social Issues) Minor- Psychology References Available Upon Request 12/06- 9/07 E.Laux Resume Emily R. Laux 5101 S. Rio Grande St, #8-210 Littleton, CO 80120 Cell: 443.794.6148 Email: emilyrl aux @gmail.com Summary of Bright, energetic, hard working third year doctoral student developing a Qualifications specialty focus in clinical work with children, adolescents and families. Demonstrated ability to work independently. Creative, articulate, strong interpersonal skills. Relevant September 2011— Present Child/Adolescent Extern, Denver Health Medical Center, Child and Adolescent Clinical Experience Outpatient Team • Provide weekly individual and family psychotherapy services to child and adolescent patients (caseload of 8 clients) • Provide structured clinical intakes for new patients • Provide psychological assessment services to child and adolescent patients • Participate in weekly team meetings and case presentations • Participate in weekly individual supervision May 2010 — Present Interviewer, Fostering Healthy Futures Program, The Kempe Center for the Prevention and Treatment of Child Abuse and Neglect • Administer structured clinical interviews protocols to caregiver and child participants in the research study • Administer brief assessment protocols to child research participants (ages 10-14) January 2011— Present Student Therapist, University of Denver Professional Psychology Clinic • Provide individual and family psychotherapy services to child and adolescent clients • Provide psychological assessments • Participate in weekly Child and Adolescent Seminar • Participate in weekly individual and group supervision September 2010 — May 2010 Extern, Fostering Healthy Futures Program, The Kempe Center for the Prevention and Treatment of Child Abuse and Neglect, The Children's Hospital • Work intensively (6 hours/ week) with two preadolescent girls who have been in out -of -home care due to issues related to abuse or neglect • Connect, communicate and collaborate with child's system, including caregivers, caseworkers, teachers, etc • Participate in weekly didactic seminars • Participate in weekly group and individual supervision May 2009 — August 2009 Counselor, Youth Summer Camp, Paul's Place Outreach, Inc • Counselor for 6-8 year old at -risk inner city Baltimore youth • Work with youth to establish and maintain behavioral expectations • Work daily with youth exposing them to experiences outside their E.Laux Resume communities • Communicate and collaborate with families, community members, directors and other staff Relevant Clinical Experience Education References November 2009 — Present Student Therapist, University of Denver Professional Psychology Clinic • Provide weekly individual psychotherapy to adult clients • Provide psychological assessment services • Participate in weekly individual supervision December2009 —March 2010 Extern, Community Support Team, Arapahoe- Douglas Mental Health Network • Work with dually diagnoses adults with pervasive mental illness and current or past substance abuse issues • Co -facilitate psychoeducational group in Adult Day Program • Work with team approach consisting of psychiatrists, case managers, nurses and therapists October 2009 — May 2009 Student Intern/ Volunteer, Sheppard Pratt Hospital System • Assist staff on Adult Service Line (Psychotic Disorders Unity, Crisis Stabilization Unit and Dual Diagnosis Unit) in daily patient care, patient group and miscellaneous duties as assigned • Interact with patients in milieu reviewing daily successes • Work with treatment teams September 2009 — Present Doctoral Student, University of Denver Graduate School of Professional Psychology • Clinical Psychology Doctoral Student • Taking Comps Exam: May 2012 • Relevant coursework in Child & Adolescent Development, Diagnosis & Treatment of Children and Adolescents; Systems Theory; Cognitive Behavioral Therapy; Cognitive, Self -Report, Integrative Assessment; Rorschach and others September 2006 — May 2009 Loyola University, Maryland • B.A. psychology, major 3.61 • Loyola College Honor Council Member 2005 Lafayette College (transferred) 2004 Elon University (transferred) 2000-2004 Franklin High School, Reisterstown MD John Holmberg, PsyD, Clinical Supervisor, Professional Psychology Clinic & Fostering Healthy Future Program- (303) 864-5115 john holmberg(7g.childrenscolorado.ory E.Laux Resume Judy Fox, PhD. Faculty, Graduate School of Professional Psychology & Seminar Supervisor, (303) 871-3879, judith.fox@du.edu Laura Jacobs, PsyD. Clinical Supervisor, Denver Health Medical Center, Child and Adolescent Outpatient Team — (303) 602-3431 jaura.ja c obs nu. dhha. o tv Mary Monroe, PsyD. Clinical Supervisor, Professional Psychology Clinic, (303) 587-8779 dnai]t@dnnatymonroe.cotn Faith D. Pearson supv0l@gmail.com 303-257-7558 OBJECTIVE: To obtain a position in which I can utilize my professional skills and educational knowledge. EDUCATION 1990-1992 Central Missouri State University — Major: B.S. Sociology 1995-1996 Wichita State University - Major B.A. Social Work 2001 - 2002 Wichita State University - Master's in Social Work License - Master's in Social Work (Kansas) PROFESSIONAL EXPERIENCE TFI Family Services 2005 -2012 Reintegration Supervisor (2008-2012) • Provided administrative expertise as required to ensure the accuracy, content and completion of child/family case files. • Conducted individual and team meetings to ensure cases were being assessed properly and state and federal guidelines met. • Maintained a close working relationship with public and private agencies involved in providing services and support to the families. • Conducted and coordinated initial assessments to determine the resources and services needed for each family unit. • Coordinated community resources for the benefit of children and families served by the agency. • Facilitated family preparation for permanency through case plans, training, family to family mentoring, family assessment, consultations, home visits and any other necessary services and resources that were needed. Behavioral Health Therapist (2007-2008) • Provided psycho -therapy to clients of varied ages, ethnic backgrounds, socio-economic backgrounds, and mental health issues. • Provided clinical assessments diagnosis and recommendations for mental health treatment Case Manager (2005-2007) • Worked with families and children to successfully reach their permanency goal. • Conducted strength based family and child assessments in order to assist families and children to successfully reach their permanency goal. • Submitting court reports to the courts in a timely manner and presented testimony to court as needed. • Developed positive relations with Judges, court officers and other community agencies in order to collaborate and meet the needs of the families and children on my caseload. Tarim -- Wichita Children's Home May 2005— October 2005 Teaching Parent • Demonstrated and taught everyday living skills to children and provided crisis intervention. Volunteer Experience • Strengthening Families Program • Court Appointed Special Advocate (CASA) • Boys and Girls Club of South Central Kansas • Genesis XII Learning Foundation Youth Program References available upon request Meredith T. Smith, PsyD, LP 558 Washington St. #308, Denver, CO 80203 Phone: (517) 614-8709 Email: Mtisells@vahoo.com Education Illinois School of Professional Psychology, Argosy University, Chicago IL M.A. Clinical Psychology, August 2004 Psy.D. Doctorate in Clinical Psychology, July 2008 LP Licensed Psychologist (CO License #3472), August 2010 Michigan State University, East Lansing, MI B.A. Psychology, Apri12001 Dean's List Fall 1999; Graduated with honors University of Manoa, Hawaii Summer Study Program, June -July 2000 Related Experience Community Reach Center, Adams County, Colorado Early Childhood Therapist, July 2009 -present • Provide individual, group, and family therapy to clients ages 3-60 • Manage a large caseload of children in the foster care system and families involved with social services • Collaborate with client collaterals including foster parents, caseworkers, guardians at litem, teachers, and day care providers • Provide psychoeducation and training to caregivers around early childhood trauma • Create behavior plans for difficult behaviors and support caregivers around implementation • Attend IEP meetings to advocate for the mental health needs of clients within an educational setting Outpatient Therapist, August 2007 -June 2009 • Provided individual, family and group therapy working with children, adolescents, and adults, ages 3-80 • Conducted weekly intake assessments • Managed large caseload, hosted staffings, created treatment plans, and reviewed services with clients • Covered for program manager triaging intakes and providing supervision as needed • Attended trainings to gain knowledge applicable to caseload and client needs • Coordinated care for clients and created referrals to additional services as needed Doctoral P ychology Intern APA approved, July 2006- July 2007 • Provided individual and family psychotherapy, working with children, adolescents, and adults • Administered and interpreted psychological evaluations • Conducted intake interviews • Provided crisis interventions and emergency coverage • 5-7 hours a week of training and group supervision, 2 hours a week of individual supervision with a licensed psychologist Metropolitan Prep School, Arlington Heights, IL Therapy Practicum Student, 2004 • Provided individual, family and group psychotherapy, working with children ranging from age 6 to 13 • Developed Individualized Education Plans, therapeutic summaries, and functional analysis, in collaboration with teachers and school districts • Worked with a multidisciplinary team including social workers, special education teachers, occupational therapists, speech therapists, and nurses • Participated in weekly meetings to discuss case consultation and/or professional development Nia II Inc., Chicago, IL Therapy Practicum Student, 2003 • Provided individual and family psychotherapy to low income families on the south side of Chicago • Participated in weekly meetings with staff and community facilitators, to discuss community projects Somerset Place, Chicago, IL Diagnostic Practicum Student, 2002-2003 • Conducted psychological testing with individuals diagnosed with significant mental illness • Provided weekly individual therapy in a residential setting • Collaborated with case managers and nurses to provide effective treatment Assertive Community Treatment (ACT) Program, Lansing, MI Psychology Intern promoted to Community Treatment Specialist/ Mental Health Worker, 2000-2001 • Delivered and monitored medication to adults with chronic mental illness • Assisted clients with daily tasks such as shopping, laundry, and medical appointments • Conducted annual assessments and daily progress notes, assessing client's mental stability, activity level, mood, affect, and personal hygiene Chinese Citizenship Tutorial Program, Honolulu, HI Tutor, 2001 • Provided tutoring in reading, writing, and verbal communication for Chinese immigrants pursuing American citizenship Honors Psi Chi, National Honor Society in Psychology Inducted December 2000 Golden Key National Honor Society Inducted November 2000 Professional Activities May 2011 October 2010 to May 2011 August 2008 to present October 2008 CPI certified Supervised Master's level graduate student Psychology Faculty Member at Community Reach Center Presentation on development and parenting to Headstart parents June 2007 Presentation to Community Reach Center staff on Client Centered Therapy July 2002 to August 2003 September 2002 to May 2003 June 2002 to August 2002 Teacher's Assistant Clinical Interviewing at the Illinois School of Professional Psychology Nominated Personal and Professional Development co -leader at the Illinois School of Professional Psychology Teacher's Assistant, Clinical Interviewing at the Illinois School of Professional Psychology June 2000 to Summer Study Program in Social Sciences July 2000 Summer courses at the University of Hawaii, Manoa campus, through Michigan State University. Emphasis on Diversity, Hawaiian culture and history, and Chinese and Japanese culture in Hawaii. References Available upon request Tessel Stevenson, MA, LPC tessel@gmail.com 720.243.9390 63.63. Hoyt St Arvada, CO 80004 Relevant Experience Outpatient Therapist, January 2010 - Present 1r r Community Reach Center, Brighton CO Provide individual, group, and family psychotherapy to children, adolescents and adults who live in Adams County. The process begins with walk-in mental health assessments; both long-term and short-term psychotherapy is provided. Typical referral issues include: trauma, anxiety, depression, substance abuse, psychosis, personality disorders, and relationship difficulties. My role includes frequent collaboration with social services, school personnel, the court system, and adjunct therapists. School -Linked Therapist, May wog — December 2009 Relate Counseling Center and Wayzata Public Schools, Minpetonka MN Provided individual and family therapy to children and adolescents in Wayzata Public Schools (K -n). Therapy was provided to both individuals and families at the student's schools and/or Relate Counseling Center. Typical referral issues included: depression, anxiety, substance abuse, family problems, trauma, truancy, and relationship problems. My role also Included frequent collaboration in person and by phone with school staff, parents, and social workers to provide coordinated care. EAP OneSource Consultant, July 2006 — February 2009 Ceridian Life Works, Bloomington MN Provided mental health assessment and referral to community resources to clients through Employee Assistance Program services. Typical referral issues include:couples' counseling; individual therapy for depression, anxiety, substance abuse; and family therapy. Assessment and referral took place over the phone, resulting in referral to face-to-face counseling with the appropriate level of care. Day Treatment Child and Family Therapist, March 2005— July 2008 v., . Washburn Center for Children, Minneapolis MN Provided group therapy to severely emotionally disturbed children ages 6-n in day treatment. Provided in -home family therapy to children's families. Collaborated closely with children's school psychiatrists, Individual therapists, Child Protection Services, and Mental Health Case Mangers; planned and implemented therapeutic activities; created a therapeutic and supportive group environment where children improved their ability to self -regulate. Family Therapist, June 2004 —March 2005 I /NAOS, African American Family Services, Minneapolis/St. Paul MN Provided individual, couple, family, and group therapy t6 adults, adolescents and children. Primary population was African American women and their families in out -patient Substance Abuse treatment or working with Hennepin County Child Protection Services. Duties also included diagnostic assessment; treatment planning; and collaboration with chemical health counselors, probation officers and other rornnwnily services. Tessel Stevenson a Education University of Minnesota, Twin Cities Mast of Arts in Educational Psychology Graduated May, 2004 Colorado College Bachelor of Arts in Psychology Graduated May not Dean's List License Licensed Professional Counselor LPC-5255 Issued by DORA, expires August 2O13 Additional Skills EMDR Certification: Completed Parts I and II of the Basic Training by the EMDR International Association. Tesset Stevenson 2 Print Lookup Details Page 1 of 1 Emuwinked" c.,Dora^ Barham J. Kelley Depan+xmdReguteary Apendes Lookup Detail View Licensee Information This serves as primary source verification* of the license. •Pa Diary source verification: License information provided by the Colorado Division of Professions and Occupations established by 24-34-102 CR.5. Public Address Name Lyndsey Rose DiOrlo Aurora, CO 80017 Credential information License Number License Method License Type License Status Original Issue Date Effective Date Expiration Date CSW.00000974 Endorsement Licensed Clinical Social Worker Active 12/06/2007 09/01/2013 08/31/2015 Board/Profam Actions Disdpline There is no Discipline or Board Actions on file for this credential. Generated on: 3/18/2014 3:45:29 PM hops://www.cololado.gov/dora/licensing/Lookup/PrintLicenseDetails.aspx?ered=886101 &... 3/18/2014 Print Lookup Details Page 1 of I Dora Barbata J. Kelley %1, -;1. -.Executive Blroctof 'tL• Deportment daegu yAgencn+ Lookup Detail View Licensee anrormacion This serves as primary source verification* of the license. *Primary source verification: License Information provided by the Colorado Division of Professions and Occupations established by 14.34.101 C.R.S. Name Public Address Katharine Anne Gannon 1501 Albion St Denver, CO 80220-1028 Credential LUTOrtIlation License Number License Method License Type License Status Original Issue Date Effective Date Expiration Date NLC.0104333 Original Registered Psychotherapist Active 01/28/2014 01/28/2014 08/31/2015 Board/Progam Actions Discipline There is no Discipline or Board Actions on file for this credential. Generated on: 3/18/2014 3:49:09 PM https://www.colorado.gov/dora/licensing/Lookup/PrintLicenseDetails.aspx7cred=979558&... 3/18/2014 Page 1 of 1 Print Lookup Details t4 a :' Barbara J. Kelley i'�' UFra Executive Director `4✓'v fkR 7' DepeakmrtdarpuMay Agencies Lookup Detail View Licensee Information This serves as primary source verification* of the license. 'Primary source verification: License Information provided by the Colorado Division or Professions and Occupations, established by 24.34-102 C. R.S. Name Public Address Sibyl Graham Denver, CO 80218-2989 s.reoenuem £nwnuaumm License Number License Method License Type License Status Original Issue Date Effective Date Expiration Date LSW.0009920130 Examination Licensed Social Worker Active 01/02/2013 09/01/2013 08/31/2015 Board/Progam Actions Discipline There is no Discipline or Board Actions on file for this credential. Generated On: 3/18/2014 3:55:25 PM hops://www.colorado.gov/dora/licensing/Lookup/PrinlLicenseDetails.aspx7cred=915776&... 3/18/2014 • Congralutnllons, - The wallet Lard provided below is youiofkclel authorization to piacdce. Pholocopios aro rot considered official dommenl& bill may be uaed,to verily a:Cooiado license for.aedenliallng or insurance. purposes. You may now order a professionally dnatuned wall certificate' To plece.an order. go to www.dote.colorado.goviprofestionlMalicertificatet or 1-888-925-5237. Asa condition -of licensing, you have a continuing obligation to comply wllh the statotes, rules ltd tegulauons governing your license In Colorado. Our weaalle is Blood source for this Information. 11 is your responsibility to keep -our office advised of your current -address:. You' bre-responsible for keeping your license -current and. renewing it before the expiration date. i Active MFT To Remove Document Fold and Tear Along This Perforation - T Marriage and Family Therapist • Board: MAITIMM 6 FIRMS TMUMMErumveype: MET Number. BBB STATE OF COLORADO Department of Regulatory Agencies Division of Professions and Occupations PRINTED ON SECURE PAPER WISDOMS Number Tare K Hammer Denver 09/0112013 Issue Date CO 00220-102e 00/31/2015 Expire Date Division Director Signal re Mali Correspondence to: Home Business (Circle one) Home Phone: Business Phone: Name: Street Address: City, State and Zip Code: ♦ Use the Area above for any ADDRESS Change • THIS IS YOUR WALLET CARD ■ CorlgratUloliens, The wallet card provided below Is your official auihonzallon to practice. Photocopies aro riot considered official documents. but may be used to verily a Colorado license for oodenllaling or insurance purposes. You may now order a professionally designed wan certifcatel To place an order, go to www.dora.colorado.gov/prolessionsAvalicediricates or 1-088.925-5207. As a condition of licensing, you have a continuing obligation to comply with the statutes, rules and regulations governing your license in Colorado. Our websile is a good source for this information. It Is your responsibility to keep our office advised of your Current address. You are responsible for keeping your license current and renewing It before the expiration date. Colorado has a medical and public health volunteer system for persons who are Interested in assisting during an emergency or disaster. To participate, register at https://covolunteors.state.ca.us. To Remove Document Fold and Tear Along This Perforation — — — _t STATE OF COLORADO Department of Regulatory Agencies Division of Professions and Occupations PRINTED ON SECURE PAPER Active PSY PSY.0002154 Number Rebecca A. Hea Denver 0902013 Issue Date CO 80220 IIP Division Director Signature DB/31/2015 Expire Date Licensed Psychologist Board: Psycneogisi EyarOdnxa Board Mall Correspondence to: Home Business (Circle one) Home Phone: Business Phone: Name. Street Address: City, State and Zip Code: ♦ Use the Area above for any ADDRESS Change • 4 THIS IS YOUR WALLET CARD T .e: PSY Number 2154 Loifi t To Remove Document Fold and Tear Along This Perforation T STATE OF COLORADO Department of Regulatory Agencies Division of Professions and Occupations Active PRINTED ON SECURE PAPER Provisional Licensed Professional Counselor P LPP 0001331 Number Emily Ruth Laux Denver 01/172014 Issue Date CO 60220-1022 06/31/2015 Expire Date Division Director Signature Provisional Licensed Professional Counselor Board: Licensed Pmirabne Counsaw()Type. 1➢P Number 1331 Mail Correspondence to: Home Business (Circle one) Home Phone: Business Phone: Name: Street Address: City, State and Zlp Code: ♦ Use the Area above for any ADDRESS Change • 4 THIS IS YOUR WALLET CARD Active Licensed Sodal Worker STATE OF COLORADO —' Department of Regulatory Agencies Division of Professions and Occupations PRINTED ON SECURE PAPEF Law.ccoas2pws Number Faith Deonne Pearson Aurora D Na^2014 Issue Date CO 80012 (7 Division Director Signature otvarams Expire Date I Print Lookup Details Page 1 of 1 "if:itt era Berbera .I. Kelley Executive Director 'lea Depanment ofRegu4reyAgencies lookup Detail View gAtri This serves as primary source verification' of the license. *Primary source verification: License Inlamation provided by the Colorado Division of Professions and Occupations, established by 24-34-102 C.R.S. Name Public Address Karalynn Marie Royster Englewood, CO 80110-5618 License Number License Method License Type License Status Original Issue Date Effective Date Expiration Date LPP.0001324 Original Provisional Licensed Professional Counselor Active 10/23/2013 10/23/2013 08/31/2015 Board/Progam Actions Discipline There Is no Discipline or Board Actions on file for this credential. Generated on: 3/18/2014 3:11:31 PM https://www.colorado.gov/dora/licensing/Lookup/PrintLicenseDetails.aspx7cred=965901 &... 3/18/2014 Active LPP STATE OF C. $2ADO Department of Regulatory Agencies Division of Professions and Occupations PR tiED ON SECURE PAPE I,PP,0001320 Number Shane Garrett Spears Lakewood L_ 0 11A1r2013 issue Date CO 80228-4705 oar2V20t5 Expire Date i Division Director Signe re Print Lookup Details Page 1 of 1 wS w i•Dora t Barbara J. Kelley �.,,,�%i Executive Director \••••474' Department ct hegu4tnryAlludes Lookup Detail View Licenseeinrotmaaon This serves as primary source verification* of the license. *Primary source verification: License information provided by the Colorado Division of Professions end Occupations, established by 24-34.102 C.R.S Name Public Address Meredith Tiseil Smith Denver, CO 80220 {.reeenua. anwnneu.n. License Number License Method License Type License Status Original Issue Date Effective Date Expiration Date PSY.0003472 Examination Licensed Psychologist Active 07/19/2010 09/01/2013 08/31/2015 Board/Progam Actions Discipline There Is no Discipline or Board Actions on file for this credential. Generated on: 3/18/2014 3:05:57 PM https://www.colorado.gov/dora/1icensing/Lookup/PrintLicenseDetails.aspx?cred=868012&... 3/18/2014 Print Lookup Details Page 1 of 1 y yr :C 1p 'i U- Barbara J. Kelley %" Executive Director "-04•4' � oepmmeoteniegebteayVendee lapokup Detail View Licensee Information This serves as primary source verification" of the license. *Primary source verification: License Information provided by the Colorado Division of Professions and Occupations established by 74.34.102 C.R.S. S Name Public Address Tessel Eve lin Stevenson Arvada, CO 80004 creaenaat anrunnauun License Number License Method License TypeStatus License Original Issue Date Effective Date Expiration Date LPC.0005255 Endorsement Licensed Professional Counselor Active 05/05/2009 09/01/2013 08/31/2015 Board/Progam Actions Discipline There Is no Discipline or Board Actions on file for this credential. Generated on: 3/18/2014 3:17:13 PM https://www.colorado.gov/dory/licensing/Lookup/PrintLicenseDetails.aspx?cred=860288&... 3/18/2014 PY-14-15-CORE-0225 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide comprehensive non-residential, highly structured Day Treatment Services to female and male children and youth, as referred by the Department. 2. The target population for services is children and youth, ages 9-21, which are unsuccessful in the public school setting as a result of behavior, emotional and/or psychological issues, and/or impaired family functioning. 3. Contractor will schedule each admission within seven (7) days of receipt of the initial referral. 4. Contractor will set an initial staffing after ten (10)day and every thirty (30) days thereafter to address and review the child/youth's progress and length of stay. 5. Services will be provided at 1501 Albion Street, Denver, CO 80220. Contractor is licensed by the Colorado Department of Human Services State Child Care Licensing (License Number 49551). 6. Services under this agreement include: a. Individual, group and family therapy on a weekly basis provided in -home or in -facility, or as determined by the treatment team with final approval of the Department. b. Six (6) hours per day of academic instruction in a structured therapeutic environment. c. Educational evaluation, including assessment for special education services. d. Psychological evaluation and/or psychiatric evaluation and treatment, if clinically indicated. e. Substance abuse prevention and/or intervention. f. Sexual offender informed supervision for adjudicated sexual offenders and children or youth who have been identified to have sexual perpetration and/or victim issues. Treatment is provided by RSA, Inc. or Progressive Therapy Systems, Inc., both SOMB providers in Colorado. g. Recreation therapy, structured on and off grounds. h. Hot breakfast and lunch. i. Independent living instruction for youth sixteen (16) years and older. j. Transportation services at pick-up/drop-off points. 7. Services under this agreement do not include transportation. 8. The classroom environment will provide a therapeutic milieu to address behaviors as they arise. 9. Referred children and youth will receive services for approximately four (4) to six (6) months. Length of services is dependent upon the referred child or youth's daily/weekly progress, individual/family needs and availability of funding. 10. 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. 1 PY-14-15-CORE-0225 11. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 12. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 13. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues; missed appointments; failure to appear for services; or any significant information pertaining to the client and/or service. Areas of concern should be reported immediately to the referring caseworker AND should be reported on the required monthly progress report. 14. Contractor will submit progress reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise agreed to by the Department. 15. Contractor will provide a Discharge Report to the Department within ten (10) working days following the closure of the service, and will document in detail the outcome of the service and any ongoing recommendations. Reports will be submitted per the online format required by the Department, unless otherwise agreed to by the Department. 16. Contractor will participate in team reviews of ongoing services as needed. These will primarily include general staffings and Family Engagement/Family Team meeting, and are not considered billable hours. Contractor may appear by phone. 2 PY-14-15-CORE-0225 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, 2015. 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 or amend it accordingly. 2. Fees for Services $1,648.00/Month (Regular DayTreatment—Treatment Package Moderate) $94.00/Day (Intensive Day DD/MH Needs, Life Program —Treatment Package Intensive) $300.00/Month (Transportation Package) $65.00/Hour (Family Counseling —Additional hourly rate beyond Regular Day Treatment package) 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. 1 PY-14-1S-CORE-0225 b. For one-time services, proof of services rendered shall be receipt of the completed product. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 2 ACORD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CERTIFICATE OF LIABILITY INSURANCE PRODUCER INA, Inc. - Colorado Division 1550 17th Street Suite 600 Denver, CO 80202 INSURED Denver Children's Home 1501 Albion St. Denver, CO 80220 1-303-534-4567 DATE (MM/DD/YYYY) 03/21/2014 CONTACT NAME: PHONE FAX Ho. Esth___ AOOREBS;it_ lMG Nol _ _ R denPameimacorp.com - . _. _-- --- ---- INSURE jS)AFFORDING COVERAGE _.— HMG* INSURER A: CITIZENS INS CO OF ANER(Hanover Ins Col 31534 INSURER B: ALLIERICA FIN BENEFIT INS COIHanover Ins41840 HANOVER INS CO 22292 INSURERC _ - --- INSURER D: PINNACOL ASSUR 41190 INSURER E : _ INSURER F : • COVERAGES CtIll Wilda I C MUM OCm. "--'----'- - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS AND CONDITIONS --- -.-___._- ----- POLICY EXP l� R TYPE OF INSURANCE AOLSUSR OOLNSR BR POLICY NUMBER POLICY EFT IMMND/YYYYI IMMIOOM'YYI LIMITS ZB4931519502 10/01/13 10/01/14 EACH OCCURRENCE $ 1,000,000 A GENERAL ._ X LIABILITY COMMERCIAL GENERAL _LIABILITY X O AGETOAEWT£0 PREMISES -(Ea _occurrence) __, MED EXP (Any One parson) 100 000 5 _----- E5, 000 - LLAIMS-MADE r'OCCUR - PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE f 3,000,000 INCLUDED PRODUCTS- COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER X POLICY I I LOG - $ IITY AW4A30217202 1U/01114 10/01/14 COMBINED SINGLE LIMIT Me $• • 1 000 000 H AUTOMOBILE - - X __ LIABILITY AAUTO ALL OWNED AUTOS _ __ SCHEDULED AUTOS NUOWNED 4420941L BODILY INJURY (Per person) BODILY INJURY (Par scdden0 PROPERTY DAMAGE — —_ $ $ $ X HIRED AUTOS X_ AUTOS (Pera.4r'Jdm9) _ --. $ 0114931519902 10/01/13 10/01/14 EACH OCCURRENCE $ 2,000,000_. C X UMBRELLA LIAR X OCCUR AGGREGATE $ 2,000,000 EXCESS LIARS CLAIMS -MADE ON$ $ I I DED RETENT 1854282 10/Ol/1. 10/01/14 xl WCBTATU IOTH� LORY QMITG l ER- ------ D WORKERS COMPENSATION AND EMPLDYERS'ware YIN EL EACH ACCIDENT $ 1,000,000 MY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ilyyaaee describe under below OPERATIONS N N/A ----- E.L. DISEASE-EAEMPLOYEE EL. DISEASE - POLICY LIMIT $ 1,000,000 $ 1,000,000 A DexlTIand/ r al Sexual and/or Physical Abuse ZH4931519802 10/01/12 10/01/14 Each Occurrence 51,000,000 Aggregate 52,000,000 DESCRIPTION Weld Policies Subrogation Compensation OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, X morn apace is required) County Human Services is included as Additional Insured on the General, Automobile, and Umbrella Liability if required by written contract or agreement subject to the policy terms and conditions. A Waiver of is provided in favor of Additional Insured on the General, Automobile Liability and Workers policies if required by written contract or agreement subject to the policy terms and conditions. .....,ne. I Arhnu CERTIFICATE HOLDER Weld County Human Services 315 N. 11th Avenue Greeley, CO 80631 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ////,,^^/// ACORD 25 (2010/05) sametat 35898163 ® 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/21/2014 NAME OF INSURED: Denver Children's Boma Additional Description of Operations/Remarks from Pape 1: Additional Information: Professional Liability Coverage: Policy *ZB4931519002 Eff Date; 10/01/13-10/01/14 Insurer A: See Above $1,000,000 Each Occurrence: $3,000,000 Aggregate SUPP (05/04) CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GOLDSCHH//M T & ASSOCIATES This Agreement, made and entered into thell day of �f 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Goldschmidt & Associates, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Child Welfare Administration funding to the Department for Polygraph Examination. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1. 2014upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 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. 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 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 Response to the Request for 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 2 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Child Welfare Administration. 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. 4 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 Hi. 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. g. 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. 7 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 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. 8 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. 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 Bradley Goldschmidt, 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: Bradley Goldschmidt, Owner 824-B 9th Street Greeley, CO 80631 (970) 371-1321 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. 9 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. 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 §§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 10 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 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. 11 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 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. 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. 13 35. 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. 14 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld County Clerk to the Board By: y Attorney e Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 15 BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO Douglas RLdemacher, AUG 1 12014 GOLDSCHMIDT & ASSOCIATES By: Bradl Goldschmidt, Owner aory-o?97 EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCKI. 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. 81400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. 81400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. H. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. 61400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. 81400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS M ter, Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. 61400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. 81400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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 7m of the month, following the month of service, utilizing billing forms required by the Department. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. 61400069 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 A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is ccfunding». 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. 4 Bid No. 81400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. B1400069 - 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. 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 «RepFName» «RepLName», «RepTitle» 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 f970) 352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName» «Addressl», «Address2» «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. 81400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTORI» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) B. Bids for the stated services will be received by the Weld County Department of Human Services, Resource Unit, Attn: Tobi Vegter at vegtertaPweldgov.com or P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. 81400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. 81400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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 ail of Contractor's Contract Professional's employees acting within the course and scope of their employment. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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. 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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. 81400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 jj'y ,aU . .�1-...v._.a_...nvwa... m.v....:.u.m...: ,- .� W,......iF ... .. .._ .. _ .... ..:... _ «�_....... . _ .m......_ _.; Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services <<Rate Schedule» 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 7`h 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 EXHIBIT B CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 14 March 2014 To Whom It May Concern, Thank you for your interest in Goldschmidt and Associates, polygraph services. Per your request, I am forwarding a summary of my professional experience. As you will note on my attached resume, I have spent the last 35 years in dedication to public service. This has provided me a wealth of education, training, experience and resources which I am now applying to my private polygraph business. In 2001, I successfully completed a 320 hour polygraph school at the Backster School of Lie Detection in San Diego, CA. Upon completion of that school, I had been the chief polygraph examiner at the Greeley Police Department until I retired in 2013.1 routinely attended continuing education in polygraphs and interview and interrogation techniques up to my retirement. My most recent training in polygraphs was completed in 2013. I successfully completed the American Polygraph Association approved 40 hour Post Conviction Sex Offender Testing Course. During this past year, I have been conducting Sex Offender polygraph tests under the supervision of Jeff Jenks, a full level Colorado Sex Offender Management Board (SOMB) approved polygraph examiner. I am now listed and approved by the Colorado SOMB as an associate level polygraph examiner. As of this date, I have completed 174 sex offender polygraph tests. At the completion of 200 tests, I will apply to be approved as a full level polygraph examiner. I have an office in downtown Greeley where I conduct polygraph testing; however, I make myself available to travel to clients locations to do the tests at their locations at no extra charge, if it is more convenient for the client. As I live in Greeley, the area that I am targeting is Northern Colorado. I look forward to the opportunity to serve you again in the future. Sincerely, Brad Goldschmidt PROPOSAL The service I am submitting my bid for is adult and juvenile sex offender polygraph testing. The cost of each polygraph test is $250.00. The polygraph exams include: • Index Offense Exams • PRIOR Allegation Exams • Maintenance/Monitoring Exams • Sexual History Exams • Specific Issue Exams •I hereby waive my right to a sealed bid.* o Brad Goldschrnidt Goldschmidt & Associates, LLC Bradley W. Goldschmidt bradgoldschmidt@outlook.com PROFESSIONAL PROFILE Dynamic leader with diverse and progressively responsible public safety service. A career law enforcement officer with extensive background in polygraph testing, investigations, patrol and police administration. Exceptional forward planning and analytical capabilities with demonstrated success in organizational leadership. Experience: 06/01/13 -Present 0/07/14 -Present 08/24/06-05/22/13 OWNER: GOLDSCHMIDT & ASSOCIATES, LLC 824-B 9th Street, Greeley, CO 80631 *Polygraph examiner *SOMB listed associate level polygraph examiner LIEUTENANT: GREELEY POLICE DEPARTMENT INVESTIGATIONS 2875 W. 10`h Street, Greeley, CO 80634 * Leadership of Investigations Section, including Person's Crimes Unit, Property Crimes Unit and the Gang Unit. Total staff: 3 Sergeants, 23 sworn detectives and 2 civilians. * Leadership of the Greeley/Weld Evidence Unit. Total staff: 4 civilians. * Leadership of the Victim's Advocate Unit. Total staff: 2 civilians. * Conduct polygraphs. * Administer personnel functions: scheduling and discipline. * Manage budget of approximately $2.4 million. * Author and recipient of several federal grants dealing with gang crime enforcement and educational outreach. * Responsible for managing grants, corresponding budgets and on -going status reports * Prepare and present department training: Customer Service and Ethics. * Present Community Notifications of Sexually Violent Predators. * Created the Greeley/Weld County Sex Offender Intelligence Group. 2008-2012 ADJUNCT FACULTY: AIMS COMMUNITY COLLEGE 5401 W. 20th Street, Greeley, CO 80634 * Instruct Criminal Justice classes 03//10/05-08/24/06 LIEUTENANT: PATROL DIVISION Greeley Police Department * Leadership of a Patrol Shift, including the School Resource Unit and Community Outreach Unit. Total staff: 6 Sergeants, 15-25 sworn officers and 3-5 civilians. * Direct and manage special events: Independence Stampede, protests, etc. * Administer personnel functions, to include scheduling and discipline. * Conduct polygraphs Bradley W. Goldschmidt Experience continued: 01/30/99-03/10/05 SERGEANT: PATROL AND INVESTIGATIONS UNIT Greeley Police Department * Direct supervision of Person's Crimes Investigators. Total staff: 7 sworn investigators and 2 civilians. * Manage major case investigations. * Investigate officer involved shootings. * Provide training for Investigations personnel. * Assure compliance of departmental written directives. * Conduct polygraphs. 06/02/82-06/01/98 POLICE OFFICER: PATROL AND INVESTIGATIONS Greeley Police Department * Provide complete law enforcement services. * Investigation of criminal violations, primarily crimes against persons. * Work undercover narcotics investigations. * Function as SWAT team entry officer and sniper. * Work as departmental Field Training Officer. * Member of the re -accreditation team for National re -accreditation. * Secretary and President of the Greeley Police Officer's Association working with labor management issues. 1981-1982 POLICE OFFICER: NORTHGLENN POLICE DEPARTMENT 11701 Community Center drive, Northglenn, CO 80233 * Provide complete law enforcement services. 1979-1981 POLICE OFFICER: TWIN LAKES POLICE DEPARTMENT 920 Lance Drive, Twin Lakes, WI 53181 * Provide complete law enforcement services. Education: 2009 FEDERAL BUREAU OF INVESTIGATION NATIONAL ACADEMY GRADUATE, CLASS # 238 U.S. Marine Base Corps, Quantico, VA 22135 * Executive Police Management and Leadership course: 17 credits 2007 MASTER OF ARTS University of Northern Colorado, Greeley, CO 80639 * Major: Communication with emphasis on Organizational Management 2004 BACHELOR OF APPLIED SCIENCE University of Northern Colorado, Greeley, CO 80639 * Major: Public Service with emphasis on Human Resource Management 1991 ASSOCIATE DEGREE Aims Community College, Greeley, CO 80634 * Major: Criminal Justice Bradley W. Goldschmidt Polygraph Training: 06/01/13 -Present *Weekly sex offender polygraph training/supervision by Jeff Jenks, Colorado Sex Offender Management Board full service polygraph provider. 2013 * 40 hour Post Conviction Sex Offender Polygraph Training 2001 -Present * Annual polygraph training at Colorado Association Polygraph Assoc. 1984 -Present * Thousands of hours of investigation training. 2001 * Backster School of Lie Detection: Certified Polygraph Examiner. Supervisory Training: 1997 -Present * Supervisory Training, City of Greeley. * Supervisory Institute for Supervisors, Colorado Association of Chiefs of Police. * Advanced Tactical Management for Commanders, International Association of Chiefs of Police. * Effective Supervisory Management, Morrell and Associates. * Managing Criminal Investigators and Investigations, Institute of Police Technology and Management. * Gordon Graham Management Program, Colorado Chiefs of Police. Greeley Police Awards: Police Commendation Bar: * Awarded in 2009: "for exceptionally meritorious service and outstanding contribution to the police profession..." Medal of Valor: * Awarded in1988, 1990, 1997: "for exceptional bravery and courageous action in the performance of duty at great risk of life and bodily injury..." Certificate of Merit: * Awarded twice in 1992, 1997 and 2004: "for exemplary conduct and excellence in police performance..." Meritorious Conduct: * Awarded in 1991, 1994, 1997: "for heroic achievement in the performance of hazardous duty and displaying unusual courage at the risk of serious bodily injury..." Greeley Police Department Officer of the Year: * Awarded in 1986 Greeley Police Association Officer of the Year: *Awarded in 1994 Professional Affiliations: * State of Colorado, Sexually Violent Predator Community Notification Technical Assistance Team * Colorado Sex Offender Management Grant Advisory Board member * FBI National Academy Associates * American Polygraph Association * Colorado Polygraph Association Bradley W. Goldschmidt Publications/Presentations: 2013 * FBI Law Enforcement Bulletin, The Photo Lineup: An Important Investigatory Tool. 2007 * Presented graduate studies research paper at Seattle, WA, The 'Paradoxical Privilege' of Crisis in Recovering Hurricane Katrina Families, at Western States Communication Association. 2008 * Published at the Society for the Interdisciplinary Study of Social Imagery conference proceeding, Reframing Resilience: Rhetoric of Social Heroism as Voiced by Elderly Hurricane Katrina Survivors. 2009 * Writer and contributor on community issues, Greeley Tribune. Volunteer Activities: 2012 -Present * American Cancer Society Leadership Council 2002 -Present * Greeley First Assembly of God: driver and security for Thanksgiving dinner for underprivileged. 2007-2012 * TALKSHARECARE: Participant and advisor for program that encourages and provides guidance to children who have been involved in crisis situations to share their feelings with parents or trusted adults and build trust with police. 2008-2010 * Frontier Academy: driver for secondary school athletics. 2007 * Guadalupe Homeless Shelter: food preparation and service. 2006 * Greeley Center for Independence: board member. 2006 * Construction laborer for families in need in Greeley. 2005-2006 * Greeley Recreation Kids at Risk Football Program: volunteer assistant. 2003-2005 * Sexual Assault Survivors Incorporated: board member. 2001-2006 * UNC Center for International Education: friend family and host family. 2001-2005 * Greeley Recreation Department: youth soccer coach. 2000-2006 * Frontier Academy: Parent Volunteer (2-4 hours monthly). 1995-2000 * Greeley Wesleyan Church: Sunday school teacher. Additional Attributes and Expertise: * Excellent conflict resolution and interpersonal skills. * Extensive public safety experience spanning more than three decades. * Foster public trust in diverse racial and socio-economic communities. * Innovative and collaborative problem solver utilizing community policing practices. * Skilled at Intergovernmental cooperation between Local, State, County and Federal agencies. * Builds personnel accountability and development through participative management. * Experience with public and media relations. * Resourceful, service oriented and capable of multi -task management and change. * Vast experience conducting complex and sensitive investigations as well as special event security. * Highest level of personal and professional integrity. Weld ;•e :i>or Name (if applicable): GOid.S{.1r-r-? & ASS -2C 4r.s _ _ _ .!" .e" KS Treatment Provider F .. ;:re —e.— -'•a -.ea: —•e••• : �'•�v �' Evaluator - -- E.a .ator Assoc _.a :.a:or :a�•- =� CT E.a: ator DO Polygraph Examiner Adult Full Op. Polygraph Examiner Adult Assoc. Polygraph Examiner Adult Full Op. Polygraph Examiner DD Adult Assoc. Polygraph Examiner DD The Backster School of Lie Detection Brad go(dscI1midi cz • V I- tzt C3 • I• ZZ)~ vo O O N h O 1 C\—e)4 N 1 ea OA o� O3) CteL)4 •�o O tt v The Backster School of Lie Detection NZ Bradley 117. Goldschmzdt O M [March 2, 2001 January 8, 2001 y THE BACKSTER SCHOOL x O 0 O ¢ = O � r z O _ ¢ N J Q a a Z < O • N • Z U - a O F ¢ Z a w w w D Z Z LL w Z ¢ 0 w O O a w I-- F U W 0 m • m • r w w N O Lai N D m z ¢ u < 0 • w x z n = w m EXHIBIT C SCOPE OF SERVICES 1. CONTRACTOR will provide Polygraph Services for youth engaged in offense -specific treatment through a program that does not include polygraphs, as referred by the Department. 2. All polygraph examinations will be conducted by Bradley W. Goldschmidt. Mr. Goldschmidt is approved by the Sex Offender Management Board (SOMB) to conduct sex offender polygraphs on adults and adolescents, and is currently supervised by a Full Operating SOMB provider. 3. If the youth is on Probation, the cost of each referred polygraph will alternate between Probation and the Department. 4. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any youth whom the CONTRACTOR is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately. 5. CONTRACTOR will submit a written report to the referring caseworker within two (2) weeks of completion of the service. 6. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 7. 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. 1 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 after May 31, 2015. 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 or amend it accordingly. 2. Fees for Services $250.00/Episode (Polygraph Examination) 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 7`h 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 1 ENDORSEMENT At: 206]21 PREVIOUS #: 207702 'STONIER #: 10023837 AUTHORIZATION it: (UMR) B1294CP103414 Endorsement to Master Certificate No. CEM 1226 - 14 issued to the NATIONAL ASSOCIATION OF SALARIED PROF r.,IONALS PURCHASING GROUP, INC. and SPECIFIED MEMBERS OF THE AMERICAN POLYGRAPH ASSOCIATION POLYGRAPHISTS PROFESSIONAL LIABILITY INSURANCE DECLARATIONS EVIDENCE OF INSURANCE effected with certain UNDERWRITERS AT LLOYD'S, LONDON PARTICIPATION HEREON: l()% SPECIFIED GOLDSCHMIDT & ASSOrIATES MEMBER: 824-B 9th Street Greeley, CO 80634 LLMITS OF LIABILITY _: —geA -) Polygraphist Professional Liability Coverage 2) Personal Injury Coverage Combined Single Limits of Each Claim $1,000,000.00 Aggregate $2,000,000.00 Deductible None each claim PREMIUM: $ INCLUDED R :r:active date: Coverage A: June 20, 2013 :trap B - Disciplinary Proceedings Coverage Each Claim $5,003.00 Deductible None each claim PREMIUM: $ INCLUDED -.e.r:active date Coverage B: June 20, 2013 F _\_RUM (Including Endorsements): Service fee: Purchasing Group Tax for CO @ 3% ::T.C. LLOYD'S PREMIUM (Including Taxes & Fees): $968.00 $75.00 $31.29 $1,074.29 FER:CD OF COVERAGE: Effective _:ve June 20, 2014 12:01 a.m. to June 20, 2015 12:01 a.m. at the Specified Member's address above. =t—,2,1 Conditions: See the attached Schedule of Forms and Endorsements - rn&lerasion of the premium paid and in reliance upon the statements in the application attached thereto, the above Specified Member is an Assured e Vaster Certificate of Insurance ("Certificate") issued to National Association of Salaried Professionals Purchasing Group, Inc. and the American Association and Spreified Members by certain Underwriters at Lloyd's, London (not incorporated) for the Period of Coverage, Limits of y and. Retroactive Date specified above. All other terms conditions and exclusions of the Policy are unchanged rert±ffes that the attached Certificate h a true copy of the original document issued to the Association, which is hereby issued to the Specified • re- Assured. June 2, 2014 UNDERWRITERS AT LLOYD'S, LONDON Complete Equity Markets, Inc. __' Dec (1/U) -,:gin By Lawrence T.P. Molloy t contract is delivered as a surplus line coverage under the 'Nonadmitted Insurance Act'. The insurer issuing this =tract is not licensed in Colorado but is an eligible noradmitted insurer. There is no protection under the provers I the 'Colorado Insurance Guaranty Association Act'. This policy is a claims -made policy which provides liability t�erage only if a claim is made during the policy period or any extended reporting period. Licensee: Lawrence T. P. S+r_iloy PY-14-15-CPS-0120 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND INTERVENTION, INC. / rt This Agreement, made and entered into the// day o County Commissioners, on behalf of the Weld County Department of4luman Services, hereinafter referred to as the "Department' and Intervention, Inc., hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and incorporated herein by this reference. , 2014 by and between the Board of Weld 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 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 June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 ao/V-av77 PY-14-15-CPS-0120 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 7`" of the month, following the month of service, utilizing billing forms required by the Department. 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 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 Response to the Request for 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 2 PY-14-15-CPS-0120 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-CPS-0120 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CPS-0120 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CPS-0120 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. b. Tvoes 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: i. 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. H. 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. 6 PY-14-15-CPS-0120 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-CPS-0120 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 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. 8 PY-14-15-CPS-0120 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. 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 Kelly Sengenberger, Chief Executive Officer 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 1970) 352-1551 18. Litigation For Contractor: Kelly Sengenberger, Chief Executive Officer 1333 West 120th Avenue, 4101 Westminster, CO 80234 1303-450-6000 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. 9 PY-14-15-CPS-0120 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. 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 §§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 10 PY-14-15-CPS-0120 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 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. 11 PY-14-15-CPS-0120 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-CPS-0120 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. 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. 13 PY-14-15-CPS-0120 35. 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. 14 PY-14-15-CPS-0120 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld County Clerk to the Board By: ty Attorney WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: A(ro rTh 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CDLORAD ' ' ^ Co tci I:YI t�l'V't ademacher, Chair INTERVENTION, INC. By: AUG 1 1 2014 Kelly S> ge berger, Chief Ex tiv- 'fficer 02CE- - 42`/2 WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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 11`h Avenue, Greeley, CO 80631, through: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. 81400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 0. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11. Bid No. B1400069 SERVICE AREA DEFINITIONS r Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. 81400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND «CONTRACTORI» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. 81400069 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 A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - 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.5.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. 81400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. - General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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. Trainin 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 6 Bid No. B1400069 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. 7 Bid No. B1400069 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. 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 «RepFName» «RepLName», «RepTitle» 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 1970) 352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName» «Addressl»,«Address2o «City». «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. 81400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «C0NTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. O. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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. 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 20 Bid No. B1400069 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 on www.Ins-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS I y. *: ,"ra...F`YS Aftercare Services l-i 11 i, .7� 4G-.i Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 '_�Y X11}n�1.',-1 ry p 1�11.14°v14 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL CfA intervention, inc. EXECUTIVE INTRODUCTION March 21, 2014 Tobi Vegter Weld County Department of Human Services P.O. Box A 315 A North 11th Avenue Greeley. Colorado 80631 Dear Ms. Vegter: Please accept Intervention's proposal to Bid No. B1400069, for substance abuse monitoring services, as requested. Non -Profit providing these services for 20 years including Departments of Human Services. The information presented in Intervention's Response to Bid No. B 1400069 reflects a commitment and philosophy consistent with the specifications and requirements of this Bid to provide a continuum of Substance Monitoring Services to Weld County, specifically to the Weld County Department of Human Services. Intervention presents numerous service options including urinalysis collection/testing and sobriety monitoring technology that can be utilized depending on the risks and needs of the clients and WCDHS. This will result in a "seamless" continuum of comprehensive substance monitoring services to WCDHS through Intervention Inc. as a provider. Intervention is committed to working within the existing program structure as directed by WCDHS. All proposed services will be delivered per contract specifications. Intervention is prepared to offer competitive pricing, outstanding support and service. and will work with WCDHS regarding the services proposed. Intervention will utilize "state of the art" and warranted equipment and technology. Our staff is well trained and experienced in the management of clients assigned to the services we arc offering. Require 40 hours of training and certification from the manufacturers of the technology and training/certification from Norchem laboratory in the collection of urine specimens. Our solutions, as reflected in our proposal: a) guarantees that Intervention can comply with all requirements of the Bid; b) offers reliable, warranted equipment, c) offers local experienced and trained staff in Weld County, as well as, surrounding jurisdictions to provide the required services. Primary locations are Greeley Field Services office and Weld ICCS 24/7. Intervention looks forward to working with Weld County Department of Human Services in a collaborative relationship to achieve the goals as outlined in the Bid. Sincerely. James Greco; Chief Operating Officer NN Ell) COUNTY DEPARTMENT OF HUMAN SERVICES BID NO. B1400069 St BS I .\N('E AM. SE; \IONI 1 OR1N(; 1'ROI'OS.. i I. Aaencv Information 1. Description of Intervention, Inc. Intervention was incorporated as a Colorado nonprofit corporation in June of 1986. and provides a number of programs and services, including but not limited to pre-trial investigations/supervision. pre - sentence reports. alternative sentencing programs. probation supervision. ancillary services such as day reporting, substance testing programs, as well as. case management for substance abuse offenders. Intervention has five residential community correction facilities and 24 Colorado field offices. which serve a population of lower risk probation offenders and special populations of approximately 8,000 clients, and provides substance testing across the State of Colorado. Our organization is local and serves only the State of Colorado. (I a/rr,, ,11 Depending on jurisdictional needs. Intervention provides a variety of services by contract or agreement with departments of human services, probation/pretrial departments or courts. school districts. and mental health centers and treatment providers in districts throughout the State of Colorado. We have been providing these diverse services since interventions inception in 1986. Intervention currently has 320 employees across the State of Colorado. In our Greeley Field Services office and Community Correction facility we have a total of 46 full time staff and 2 part time employees providing probation supervision, urinalysis collection. electronic monitoring and offender treatment services. We also have nearby Field Service offices in Brighton, Longmont, and Boulder, and Westminster, and Lakewood. 2. Inten e:ntion's experience in Iwovidint substance monitoring services. intervention has provided monitoring technology and UA collection and reporting to the Criminal Justice System and other governmental agencies for over 20 years. and in Weld County since 2007. All our administrative staff has experience in the design and implementation of this kind of program. Intervention is currently under contract/agreement with the State of Colorado, Judicial Department/Iluman Service Departments for the provision of services \\ 111('11 lNCl.t'IWS 1'ROti 1'I'It)\ tit PF'RVISIO.\ .1\I) 1)itt (; ti( REF:\I\(;;('O1.1.FCTION Departments of lInwan Service. - I\ Bit E in the following districts: a. First Judicial District (Jefferson and Gilpin Counties) b. .1d�uir'_('onnty Departmeni_.of lft! man Services c. Jefferson County Department of !Infiniti Services d. Second Judicial District (Denver County Court/Probation Department e. Winer ('aunt' Department of !Ionian Services 1. Seventh Judicial District (Montrose/Delta/Gunnison Counties) g. Tenth Judicial District (Pueblo County) 'with' if); i i,;.r.•rtfrr h. Pueblo County I)et►: itnnnt of IIunt:ttt Ser%it'es i. Eleventh Judicial District (Frcniont/Park/Chafee Counties) j. Twelfth Judicial District (Alamosa County, et. al.) k. Thirteenth Judicial District (lit Carson, Logan, Morgan, Phillips, Sedgewick, Washington and Yuma Counties) I. Seventeenth Judicial District (Adams County) m. \incteentIt Judicial District (Weld Count)) n. Twentieth Judicial District (Boulder County) o. Boulder Count' Department of IIunt:ut Sec% ices p. Boulder ('ounty II (atl Ii Department q. Twenty -First Judicial District (Mesa County) Inter%ention has been providing these services since Interventions inception, adding services through FY 2014 at the request of certain jurisdictions. These services include: Substance Abuse resting -All Districts and throughout the State of Colorado for the: Depaittnents of liftman Services, Department of Corrections, Department uI' Parole, DRision of Youth Corrections, Vunth Offender System, Senate Rill 94 Prugrsuns. ('uloradu Nurse IIcaltlt Professionals and Pre trial Set'Sice Programs. Probation Supervision -All Districts cited above (10 Contracts) Supervision to DI.'I offenders - 1", 7`t', l0"', 11th, 12th, I3`h, 17th, 1'►"'. 20th, 21" Districts ' Electronic Monitoring -All Districts Intermediate Sanctions -All Districts Residential Community Corrections (Jefferson County/Weld County/Montrose County/Pueblo County) including non-residential and "out client" offender specific services. Inmate/Outmate/Jail Regression Programs - 1" and 20th Districts r Pre -Trial Services -All Districts Useful Public Service— 2"'r, 10`1', 11'', l2`", 13ch, 17"' Districts Victim Services -All Districts (Specialized Victim Services in the 1'`, 17i11, and 21st Judicial Districts) Victim Empathy -21" District, Mesa County th I � Jail Management Reduction Programs -I', 701, fUu,I `!b , I I 13u. I 7u. 18" , 9"',9"',, 20", 21" Districts Intervention also provides a variety of criminal_ justice services to several municipal courts in Ft. Morgan, Westminster, Wheat Ridge, Thornton, Federal Heights, Grand Junction, Golden and Lakewood, CO since 1990. Services include: Substance Abuse Testing Intermediate Sanctions Supervision of Offenders Electronic Monitoring Useful Public Service Juvenile Electronic Monitoring r Jail Alternative Programs • 1I. Services To Be Provided I. ikst t iptiot► of the sere ices Inter% etttion proposes to pros ide. ('IFIe ('ol ectiuri The following is the process that has been implemented for accepting and forwarding the specimen to Norchem for testing/BA testing and billing. We realize that this model might be modified at the direction of the WCDHS. • Case Worker/Referral Agent selects the substance(s) to be tested, informs the client of the call - in protocol and enters information into the Norchem Sentry System. If WCDHS requires a different process for referral. Intervention will work with the case worker to set up a client for testing. • The client reports for submission/collection of UA or BA. • Client identification• the type of testing and the panel are verified through Sentry/generation of the Chain of Custody (COC) or the referral from the Case Worker for BAs. . If WCDHS requires a different process for referral. Intervention will work with the caseworker to set up a client for testing. • Voucher verified. • Observed/Same Gender Specimen is submitted. • After collection, a collection verification receipt is generated and given to the client. A copy of the receipt is retained by the testing location as proof of submission and audit/reconciliation purposes. • In the case of CIA's. the specimen and COC is packaged and shipped to Norchem for analysis and billing. • The COC is identified by Account Number/Location and integrated with Norchem's billing system for monthly im oicing. • Monthly, Norchem generates an invoice by Account Number and submits the invoice to Intervention for payment. • The Norchem invoice is reconciled to the payment receipts prior to payment. • Once reconciled. the Invoice is processed internally for payment to Norchcm. • WCDHS voucher and invoice is generated and sent to WCHS per their specifications. Intervention has established a protocol with Norchem for the reconciliation and monthly payment of Norchem's testing cost. (I 'rrlur' . I ddeil) (See FAIl/B11' 1 Held (''untt' Department (?1 llrMrrur C, r e i, _ • l h'crril'tiorr o/ tl►{ .Scrim .S '%tevu) 1 i'81/111; !'I'Or C\.%: a. Established procedure for randomized testing. Please view L•'.V/i/ 11T / 1'ropo.ce'd ll ehl County 1)c'1)artlru'nt of flunran Services I)e.scriptirur of the Sentry System, page 2 This document describes in detail Intervention and Sentry's procedure for randomized testing. b. Established procedure for client notification of random testing location/date/time. (i.e. specific phone line for clients to call each day) Please view EXHIBIT I Proposed ii eh, ( '. rtwr I)c frurt►urrrt o/ I•Irtnr,rrr I)e.c•ri1?tirnr rif the Sentry page _'. This 1 `.. , 1 1. \ 1 1. .. .: i : Lit, r, rot", document describes in detail Intervention and Sentry's procedure client notification and phone line. c. On demand testing services for clients referred for immediate, generally same day, testing. Typically. all client LA/BA submission frequencies will be scheduled by the Case Worker. When aw,ssing Norchem's Sentry system. and utilizing their online referral process. our offices will automatically be notified and will provide collection services on the required submission date. IF Case Worker wants an "on demand" test, it should he scheduled in the Sentry System. Collection can be immediate after scheduling OR Intervention staff can be gi►en authority to schedule an "on demand test immediately upon appearance of the client. This detail w dl be determined in collaboration with the Department of Human Sen ices. (I ulne . t ddrel) _iL)o'c'il)to't1 it (t//ecti(ti;: a. Intervention will work with WCHSD to establish procedures to receive and process daily referrals from WCHSD, through Intervention's website referral process, via email referrals, or through Norchem's Sentry System. The Sentry System will allow electronic entry of testing information accessible to Intervention staff who will access collection information from the Sentn System. No paper process will need to be established and the need for paper transfer of result information will he accomplished through Case Worker access to the Sentry System. Assigning a collection site w ill be accomplished electronically through Sentry location accounts and, verifying client identify will be done at the Collection site. Notifying WC'HSI) when a client's beha‘ for is disruptive or threatening can be accomplished as required by the WCDHS or reported electronically through Sentry. Intervention works with manly agencies across Colorado, and has a ce/lent ►►•orkin,q relationships with its stakeholders, andJirrther has an extensive knowledge base in providing the types of services requested in the RFP. I 'aloe) In addition. please refer to Exhibit / POI/'S& II 'CM ( 'oulrti' I)cpartnieut 4/II/Man £',-Fires De.cc rihtiwn (!/ the Sentry System.) b. Establish procedures for provision of supplies/materials. All supplies and materials are provided through Norchem Laboratory and are factored into the cost of collection and testing of LA specimens. intervention has established a procedure with Norchem Laboratory to maximize efficiency in terms ot'having enough supply and materials on hand at all times for collection purposes. Should the WCDHS want collection supplies and materials on -site at their locations, we will work with Norchem and the Department to accomplish this request. (. ithled t Mire) c. Establish chain of custody procedures. Please view 1:.1'1l11T17 1 Propo.+ec/ Weld County lh•lrartment if Haman Service.% l)ecc•ri/'tiHrr n/ Nrc Sentry Srctctu, .ctarting on page 2 This document describes in detail Intervention and Sentry's procedure for chain of custody procedures. d. Observed specimen collection requires the same gender staff as donor. Internal policy and procedure and all contracts we hold for the collection of IA specimens require same gander observation and Intervention prox ides this in all offices across Colorado. e. Implement procedures to report missed tests and failed appointments to WCHSD. Sentry not only offers real-time alerts on the County user's dashboard/homepage in the web interface of Sentry, but also allows Case W to receive email alerts on missed calls. missed tests, and abnormal/normal drug test results. With the ability to receive alerts of non -compliant clients. it allows the Case Workers to intervene quickly at the start of their day through the web alerts function. or intervene quickly by receiving email alerts on their smart phones while working out '•.ltr1\. 't. 1 j .' J}e117� ' !'' ill �(r. ielti(No+ in the field. ( !(hied ! uloe) Sentry is integrated with Norchcm-s LIS System (Laboratory Information System) to report dnig test results in real-time to County users. There is no need to wait for County collection contractors to get your drug test results. Results will be reported in real time to anyone who needs to access and view the client's information. primarily the Human Service Case Worker. Norchem K Sentry pros ides robust reporting capabilities from the Administration level- to the County user level. to the Client level. Administrative level reports include statistical, correlation and trend reports for decision making for program evaluation and budgetary decisions. County users can run full caseload reports as well as individual client reports that can be used in court cases and allow the case manager to effectively menage their caseloads. Please view EXIT/BIT 1 Proposed It chi ('ctntr Department o/'Human Se'rvice% Description of the Sentry St'.vh'ni. page 3 f. Collection of specimens will include establishing accessible sites suitable for the collection of urine samples in the Weld County Area. Intervention has three (2) primary sites in the county. and has eight (5) total sites in the Denver -Boulder Metro area. /')rase view EXHIBIT BI 5 ( olorudo Statewide ' Intervention Office locations .Spre•ln!L'n I e.1'lin, and &T wtiiit!, of kevurq: a. Testing of urine specimens. Intervention utilizes Norchem who is appro+ed by other Weld County stakeholders. including the 19`'' Judicial District Probation. b. Intervention meets appropriate federal standards/regulations and any other relevant requirements for substance testing. Norchem Laboratory has the ability to perform all confirmations of positive screens by GC/MS. Additionally, Norchem performs confirmations using LC/MS/MS. LC/MS/MS confirmation method is more sensitive and specific than GC/MS. and increases compound identification specificity through the use of two mass spectrometers, versus a single one for GC/MS methods. hi Volume 73. No. 228, page 7l868 of the Federal Register. the Department of Health & Human Services indicates that LC/MS/MS methodologies have proven to be reliable to test specimens, and produce forensically and scientificall.s supportable results. Moreoser, LC/MS/MS results have proven to be defensible in courts of law across the country which is a method that breaks down the metabolites to a greater degree enhancing the confirmation process. (`.Odder) I ;1/ue) c. Intervention will provide consultation on specific drug test results including possible influence of prescribed and over the counter drugs on drug test results. Please iew EX/MT / J'rnhclre•tl Weld (.'coif)' Department of IInman Services Description of i/it Sentry S rstcrtl. Izt-t'atlialviers Intervention utilizes the Department of Transportation (DOT) Lifeloc FC 10 Portable Breath Tester in all locations. It is specifically designed for use in law enforcement. corrections. and probation. It provides accurate and immediate results for the use of alcohol. The FC 10 is capable of conducting automatic. manual and passive tests. Most typically, a passive test is administered and if positive. a manual test is administered which is highly accurate and displays quantified results. i.e- .08 BAC. A urine sample may be required depending on individual client circumstances. All breathalyzers are kept calibrated per manufacturer specifications. even 12 months. We maintain records of the calibration schedule. as well as any problems with the equipment. All equipment issues are quickly resolved with the manufacturer. t I (due I e/dt elr SEE L'.17///;//._' / i )/; / 71'1/•:./( -.e`. + Jl merlin it }'X! • ? F'()1 '/P.t !1 NT) •., .; 1'1/• .114 .`'lrll. it!! Rest>.;rrt.•r.,(;lr'r .(!.!i(;rir!;u.:r t(.trch 21.:rr;4 intervention also offers various mobile breath testing technologies that allow for the client to submit breath tests "on -demand". randomly 24/7. This technology is typically utilized for higher risk clients as a deterrent/sentencing option in specialty courts or as a sanctioning tool to re -gain sobriety compliance. Examples of this technology include SoberLink SL2. Intervention has introduced Soberlink SL2 into its chosen set of monitoring tools. Intervention has active units in several county agencies. as well as. in the 7th10th, 13th, 17th, 19th, 20th and 21'h Judicial Districts. We have also worked with Adams County Department of Human Services utilizing Soberlink on a number of their clients. Soberlink SL2 is a small, easy to use unit. which takes the client's phone and GPS position, as well as downloads testing results to the monitoring authority within 60 seconds of testing taking. Prior to introducing the technology to our monitoring authorities the technology has been thoroughly tested by operations and frontline staff to determine its benefits and limitations. All identified staff have been trained in the installation, monitoring and removal of equipment. The Soberlink SL2 has several added value features including: small in size. the unit has a backup battery (with approximately a five day charging life), color photographs. and has limited GPS tracking. The Soberlink's software and data website are easy to navigate and provide an efficient format for streamlining the process of monitoring clients. (I idue Added) iATE E.VIll/111' 21.7)R IW.ti'('/U/'17Q!V O1; rrlruon%) AMS SCRAM is also available as transdermal monitoring strategies. SCRAM is manufactured by Alcohol Monitoring Systems (AMS) and is a fully automated and completely passive transdermal alcohol testing technology that analyzes the client's perspiration at least every hour and provides continuous information 24 hour/7 day a week as to the offenders drinking behavior. The three components of the SCRAM technology are as follows: The SCRAM Modem — that connects to the client's home/other phone line and retrieves all information from the SCRAM bracelet and sends the data to the SCRAM database: Ankle Bracelet — worn on the clients 24 hours/day- that collects hourly data and communicates the data once a day to the SCRAM database: SCRAMnet — a web -based application that collects and stores data regarding possible alcohol readings/tamper alerts or equipment malfunctions and is managed by the supervising agent and AMS. SCRAM detects alcohol in the .02 to a .08 13AC range and reports this and other information to the agent as required. Intervention believes that an effective Electronic Monitoring Program must be combined with a structured and consistent monitoring component. Generally, clients are required to report weekly or more ellen if indicated to a Case Manager so equipment, itineraries/schedules can be verified and any alerts/violations/malfunctions can be identified and resolved. Intervention believes monitoring by itself is not sufficient for the proper supervision of clients. Intervention staff is available on a 24 hour basis by pager when required. (t•Are Arlded.) (SEE EXHIBIT :•tin•de.lGrilnz nr n( mututurnrs; rr'ftir!ILo SkenTit4me The SleepTime wristwatch detects substance abuse. Urine toxicology confirms results. Other systems commonly monitor alcohol only. SleepTime is a system that monitors for both alcohol and drugs on a daily basis. The technology monitors sleep patterns and disruption of such patterns when substances are present in the body. SleepTime utilizes cutting edge technology to analyze sleep patterns as a screen for recent use of 11 drugs and alcohol. Offenders wear the "wrist watch" like unit 24/7. Offenders establish "normalized" sleep pattern baselines that are analyzed against "abnormal" sleep patterns to determine possible drug/alcohol use. Computerized data compares the offenders "abnormal" sleep patterns against typical sleep patterns that suggest drug/alcohol use and defines an offender as "high- or "low" risk of substance use. If "high risk" is detected. the offender is required to submit a urine sample to verify findings. As part of the UA confirmation, a highly sensitive Ethyl Glucuronide (EtG) test is performed to detect alcohol going back est 1 `!f .ire..:ttr,; lea i; t .,rrrr!rr�t r. ('1) 11;w: .'0/-1 8(1 hours. Typically. with conventional immunoassay screening. alcohol can only be detected in the urine for approximately for 24 hours. Clients are required to download the units data into a modem approximately two times a week in the presence of the Case Manager. The Case Manager is immediately alerted to a 'high" or `Low" risk reading while the offender is present. The process takes approximately 6-10 minutes. (.SI :l: 1-..\llll>'I I 2./or a rle..cv'il,lieur af'In„uitorilr., ,Tti,,i.) 2. Provision of services for clietlt(.$) that do not understand staff due to cu;2niiive 1)r dialect concerns. Currently we provide services to a wide diversity of clients. From a cognitive perspective. we take the necessary time to explain procedures and answer any questions. We pride ourselves in providing superior customer service and w ill communicate with the referring agency to determine any special needs of individual clients. We also provide Spanish speaking staff and our color line also provides information in English and Spanish. If the client speaks other languages we will work with the referring agency to find suitable interpreter services. (I ;r111e . I r/ lee/) 3. Intervention has iiitlr'e than title location %% here we can provide services t,. \1( I i1/4,l)':•ii Intervention has approximately 28 locations throughout the State of Colorado. In the majority of these locations we provide substance abuse monitoring of 1 arious types. (1 'clue added) Specifically in Weld County, Intervention has two primary locations in Greeley, and secondary locations in Westminster, Brighton, Longmont, Boulder and Denver/Lakewood where we assume some clients will submit tIA's and have their monitoring equipment checked and downloaded. All office locations can be linked into a Weld County Department of Human Service Sentry account so COC's and results can be accessible to Case Workers regardless of the "drop" site. {i uhle .-t dried) 4. Intervention's a\ailabie hours/days Of the INeel: availability for I)roN itlint •cruces. The days and hours of the two Weld County locations are as tbllows: 1'It1\1.112\ LOCATIONS Greeley Field Services (920 t I`'' St., Greeley, CO 80631: Ph: 970-584-2500): Monday -Friday: 7am - 630pm for UA's 7am - 7pm BA's Saturdays: Random Saturdays and Sundays 7am -11am Intervention Community Corrections Services (ICCS) Weld (1101 H St.. Greeley. CO 80631: Ph: c)70 — i84 -7520): Monday -Sunday: 24 hours. 7 days a week. • Sl.:('()Nl).kltY l.O('.ATlO\S Boulder Field Services (5600 Arapahoe Me.. 4100. Boulder. CO 80303: Ph: 303-544-1840) Monday- Friday: 7:00am - 7: 30pm closed daily from 12 - I for lunch. Saturday and Sundays: 8:00am - 11: 30pm and 4:00pm - 7:30pm Longmont (310 Lashley St.. At I08.Longmont. CO 80501: Ph: 303-722-44941 Monday- Friday: 7:00am - 7:30pm closed daily from 12 - 1 for lunch. Saturday and Sundays: 8:00am - 1 I :30pm and 4:00pm - 7:30pm Brighton (647 E. Bridge St.. Brighton. CO 80601: Ph: 303-654-0555) Monday — Friday: 8:00am - 5:00pm. closed 12:00pm-1:00pm Westminster (1333 W. 12011 Ave.. Westminster, CO 80234: Ph: 303-450-6000) Monday thru Thursday: 7:30 a.m. until 5:30 p.m. Friday: 7:30 ant until 4:3(1p.m ICCS Kendall 11651 Kendall St.. Lakewood. CO 80214: Ph: 303-232-4002) Monday -Sunday: 24 hours. 7 days a week. 5. Ilos% 01ttch a(1%ance notification (lot's Intervention require prior (o providing services? `I\ pical l _ client LIA/BA submission frequencies can be scheduled by the Case Worker either by telephone or email. If the Case Worker is accessing Norchem's Sentry system. and utilizing their online referral process. our offices will automatically be notified and will provide collection services on the required submission date. If a Case Worker wants an "on demand" test, it should be scheduled in the Sentry System. Collection can be immediate after scheduling OR Intervention staff can be given authority to schedule an "on demand" test immediately upon appearance of the client. This detail will be determined in collaboration with the Department of Human Services. (l rtlue. I tided) (Sec' E.VIl/Bll. I Prrgrri.eil It , id ('0,1„(1 Dep,ir meet u/ Ilunutn Services Description (4.11w .ti'entrr' .S1's'tr•r,t) 6. 't-\ l)es of substance monitoring, ing, serf ices Inter%ention can offer to W('I ISD, with the fees and prices associated with each service. Intervention has the ability to test for Creatininc as well as all drugs and drug classes. including but not limited to the following drugs/substances per RFP specifications: Amphetamines, Barbiturates, Benzodiazepines, Cocaine metabolites, Marijuana metabolites. Methadone. Opiates/Expanded Opiates. Phencyclidine. and Alcohol. In conjunction with the Department of Human Services and Norchem, we can create standard panels for multiple substance testing and also have the option of "on - demand" testing. I\ l t.!`.'1\ hi, ;/,ii 1:111 Amu) The following are typical panels created for other users in the 19111 District. Intervention t1A Services and Pricing Primary/Default Panels Panel — 22 URINE: 7 DRUG PANEL (default) $ 8.00 lerh:Inr/rheraminc'. Barbiturates. Ik'ii odiu_epinc'.x. Cocaine. ()Mates. Prop.vrp/i ne. l7!(' Additional Panels/Tes Panel — 280 URINE 8 DRUG SCREEN (EtG Screen + Panel 22) $ 8.50 (Include con/iru►alirnr /iir positive Kit ' applicahlc) Panel — 2911 EtG Panel (Ordered as a single test) $15.00 **Ii the I t(i screen is positive. a confirmation t\iII be ordered automatically lirr NO additional charge** Panel- .60I Designer Stimulants/S\nthetic Stimulants Panel $+5.00 **II the screen is positive. a confirmation %%III be ordered autoivaueall\ for an additional $'-ILutr charge per drug** Panel- 33DRUG ORAL FLUID PANEL lithanol..tA'Ilunpherunrine. l3.'rrzodiutepinec. ('cx litic. Opiates. 'I'll(' $17.00 3502- SPRIC'E/SYNTHETIC MARIJUANA $35.00 Confirmation Pricing Confirmation Urine Tests (Per Drug) $15.00 Amphetamine, larhimmtes, lienzcxliazcpiuex. linprenai rhiue, Cocaine, lira, It'estasy, U r:ci,Isomer, 6-. :Llellra(lom', Opiates, (lnycodirrc, P('1', Prap).rtphene 'I'Ifi', %'ratnadal Confirmation Urine Tests (Per Drug) Ethanol. .t letlrumphemmure, lac nzoihazepiues. ('ex uirr, Opiates, Tllr ' $15.00 Intervention Breathalyzer, Transdermal and SleepTime Services and Pricing L..ifelock FC 10 Portable Breath Tester (in officer per test) $ 1.00 Soberlink S1.2 Remote and mobile Breath (per day -- self pay) Soberlink SL2 Remote and mobile Breath (per day — voucher pay) ANTS SCRAM (Transdermal) (per day — self pay or voucher) SleepTime Wrist Watch (per day) $ 6.50 $ 8.00 $ 6.00 $ 8.00 /.'.i i Ii .`ii ,�.�i) i t . .\(N;.' 1(11 li t'i'1lfrlt�l'r• e I ) \ U_' i III. Expertise and Experience 1. lv tik idu:tk .\ o.i(,meti to tite Project. Intervention employs a highly qualified staff, dedicated to the supervision, monitoring. and successful program completion of all clients. The follow key staff will be responsible for performing duties under the proposed contract: Greeley and 1\ old Comity Kim Riley, Greeley Field Services Program Manager. Ms. Kiley has been employed with Intervention since 2008. Ms. Riley is responsible for the ongoing field operations of the Greeley Intervention office. Michael Uphaus. Senior and Technology Field Services Case Manager. Mr. Uphaus has been employed with Intervention since 2011. He has previously held the position of a UA Technician. His current duties including working with Weld County probation and pretrial officers and their clients. Install. monitor. and remove monitoring technology for SCRAM, EHM, CPS, SleepTime, and Soberlink. As a Technology Case Manager. Mr. Uphaus will be responsible for the installation, de -installation of equipment. monitoring of substance use technology alternatives: responsible for data entry and record keeping. s erifyrng results are reported to the referring agency: responsible for other technology applications as alternative drug detection devices. SCRAM, Electronic Home Monitoring (EHM), GPS, SleepTime, and Soberlink. etc. The Technology Case Managers will work with Department of Human Services on all client issues and client staffing. Based on direction from the Department of Human Services information. the Technology Case Manager will set client schedules, detail all approved activities. assure that the clients understand their responsibilities. The Technology Case Manager will attend court as required. Greeley Field Services LEA Technicians and Technology Case Managers Brianna Ebel, Catlin J. Gordon, Cassandra Barns, Christen Cell, Edith Rios, lssac Rodriguez, Jenna Rosman, Julio Mendoza, kristi Cobert, Dionne Sund, Intervention Community Corrections Services — Weld. Program Director. Ms. Surd has been employed with Intervention since 2009. She has previously held the positions of Case Manager Supervisor. and Case Manager. Ms. Sund is responsible for the ongoing community corrections operations at the Island Grose facilit . Elisha Bueno. lnterwention Community Correction Service — Weld County. Security Supervisor. Mr. Bueno has been employed with Intervention since 2008. Mr. Bueno supervises all duties of security specialists. which includes observing UAs and downloading of monitoring equipment. Mark Roberts. Intervention Community Corrections Services — Weld County. Case Manager Supervisor. Mr. Roberts has been employed with Intervention since 200-1. Mr. Roberts supervises a team of approximately ten case managers. training case managers and assisting with operations. i%; i / A' r i r.. �!laaJI'r•.iia...'loh''+1/ ICCS Weld UA Technicians and Technology Case Managers Denise Sahagian, Patrick Gomez, Jr., and Uhriaha Aguilar. Boulder and Longmont Cheryl Burns. Boulder Field Services Program Manager. BA from Adams State College in Psychology/Criminal Justice. experience in financial, experience as a Case Manager supervising offenders: Intervention Program Manager for 5 + Years. supervising operations for all Boulder County locations. Rachel Roark, Longmont Senior Case Manager ( Splits time between Boulder and Longmont): BA from Adams State College in Sociology/Criminology: experience in case supervision. children's sports coaching: Intervention Senior Case Manager for 9 1- Years. assisting %%ith the management of the 20`i' District private probation operation. Boulder/Longmont LA Technicians and Technology Case Managers. Jocelyn Kransky, Aurelio C'hacon, Ryan Muse, and Marsha Montano North Denser Nlctro .\rca Dennis Osckel. Westminster and Brighton Field Office Program Manager. Mr. Osckel has been employed with Intervention since 2000. He has previously held the positions of Corrections Specialist, Senior Case manager. Assistant Program Manager. Mr. Osckel is responsible for the ongoing operations of the Adams County Intervention offices. including the Brighton and Aurora Field Offices. Westminster and Brighton Field Services LA Technicians and Technology Case Managers I -lector Rodriguez, Karina Franco, Stacey Turner. Denver and Lakewood Shawana Green, Out -Client Services Supervisor and DRC Case Manager at ICCS Kendall in Lakewood. Ms. Green has been employed with Intervention since 2005. She has previously held the position of Out -client services manager/ISP. Ms. Green supervises two out -client managers as %well as ten UA Technicians at two facilities (ICCS Kendall and Remmington Building) and provides cased management services for day reporting clients. Senior Kendall tIA Technicians Ashlea Neal, Christopher Nandrea, and Steven Silverman arc all VA Shift Leads_ Out -Client VA Technicians and Technology Case Managers. (E.VM/i/I 6 - stryf re.cttuie%) I\I1'.1: :• ,i:'r1k.;tl . i:.', I+:! . .! I' i I ) \r:,',.. i \ , r.'t r )' . I'.' 2. Ititen eniion ensures the competency of staff. employee hiring, training, and evaluation processes in the following ways. Intervention currently accepts and follows training from the State's contracted drug testing laboratory for the collection and processing of forensic urine samples and oral swabs. Intervention feels that the training of our employees is paramount. We work closely with the Norchem Laboratory to continually train our staff in the best practices of Urinalysis collection. ll e tlsvure that u!! cnr/,lnree lurrth•cvl in the I .1 (4/('lion Prrp,rrrrrr have been krill he trained in r/r; ,Srtrtrt 41•.stwu. H'e c trntinuallr cwtctr/t with .\'art hem l.ahoratt'rj re;urrlin, ,Sentry truiniuik.snes. (lath! :Added) We also work closely with the providers of our non-invasive technologies. including oral swabs. breathalyzers and antabuse monitoring to have our staff -certified in using these technologies. We feel strongly that continued and quality training provides our staff and customers with the best acceptable practices in the business. It is the philosophy of Intervention Inc. that staff training and staff retention are critical components to the success of the services we provide. Intervention pr" ides orientation and on -going training to all employees. All staff is required to complete a one week orientation training module. targeted to their specific job functions. at the start of their employment. On -going training is scheduled throughout the year consistent with State Probation Standards and urine collection policies and procedures. Each (. m 1taiurgrrlDrug lts11t1" Iechnician musteprimlcte�iO (lours ofirninitot \earl�'. ("insistent with .`mate =1•IthatioIt Standards. 3. a. \dams ('ounh Department of flttntan Strikes l,. Jefferson Own t% !)etrirtntent of ilumim ysice, c. Ilemer ('ount% Deportment of unman Services d. Pueblo ('nuni% llcparimcit_of Human !ser%ices e. Iinultlr_r ( omit l.haw_tnirnt of llamas Seel ices I. Boulder (_oust% liealth 11e1:u•iment Intervention utilizes the same general model of development and implementation described, herein. All Departments of Human Services in collaboration with Norchem and Intervention utilizes the Sentry Program as the tool for referral, collection. testing and result reporting. 4. list of applicable licenses or permits presently held. 1) Intervention is a registered non-profit agency with the Secretary of State of Colorado. 2) Intervention is a recognized 501c3 with the Federal Government. 3) Intervention is licensed by the Office of Behavioral Health. Colorado Department of Human Services to administer DUI/Offender assessments/evaluations and perform DUI/Offender treatment. 4) Intervention staff who perform collection , packaging and arrange transport of UA specimens have been trained and are certified by Norchem Laboratory for collection purposes and have been fully trained in the use of the Norchem Sentry Drug Management System. 'See l;.Mit11 "I, is i a,err/!J `. / /' /i f i• , i j( , t,r{'h .:1. 2,44 Rc'Vrn•.;' tr' WI) Vt ) 5. Customer Service details, expectations after implementation. Customer service is a priority of Intervention. We address this priority in our orientation of new employees and consistently address it in staff meetings. In addition, we continually monitor our customer service with client surveys. (value added) Intervention consistently discusses the need for and the expectation of a high level of customer service with everyone we do business with, including dealings with our clients, stakeholders, vendors, contractual partners, and public agencies. In our mission and value statements: dignity, respect, and following through are identified as important beliefs within the organization. IV. Proposed Staffing Requirements Intervention will have both male and female staff on duty during days when WCHSD clients are scheduled to give UAs. 1. intervention's staff will adhere to a chain of custody process. Please view EXHIBIT I Proposed Wad County Department of Human Services Description c f the Sentry ,Srste,n. 2. Intervention shall conduct background checks on staff hired to provide substance monitoring services. Intervention is required to conduct background checks of all staff for many current agency contracts. and does routinely perform such checks as a condition of employment. 3. Intervention shall not hire staff that is currently on probation or parole for substance abuse violations. By company policy, Intervention does not hire staff who are currently on probation or parole for substance abuse violations. 4. Intervention shall obtain a signed confidentiality statement from staff hired to provide substance m€►nitoring services. Each intervention staff member is required to read our employee handbook, which includes a section on confidentially. Every staff member signs a statement agreeing to the terms of the employee handbook. If WCHSD requires an additional confidentiality statement, as a condition of an award, Intervention will comply with this request. V. Insurance Coverage Pursuant to the insurance requirements identified in the bid, Intcrvetnion's current insurance coverage either meets or exceeds the minimum requirements. EXHIBIT 6 — A co'j' of Intervention's Certificate of f insurance. /.\ 7 /.)?; F \ 77O ti'. Ilk l?. Not 1_tf .ii'c...`'law 1111 I [ , ' (n:l/lx(e r f ?U.i)-15 )-t>I)110 TABLE OF CONTENTS INTERVENTION EXHBITS FOR WCDHS BIT NO. B1400069 SUBSTANCE ABUSE MONITORING PROPOSAL EXHIBIT 1: WCDHS DESCRIPTION OF SENTRY SYSTEM EXHIBIT 2: DESCRIPTION OF SUBSTANC MONITORING EQUIPMENT AND ALCOHOLOL TRANSDERMAL EQUIPMENT EXHIBIT 3: NORCHEM'S CERTIFICATION DOCUMENTS EXHIBIT 4: NORCHEM'S DELIVERY TIMES EXHIBIT 5: CONFIDENTIAL - INTERVENTION STAFF RESUMES EXHBIIT 6: CONFIDENTIAL - INTERVENTION CERTIFICATE OF INSURANCE EXHIBIT 1 WELD COUNTY DEPARTMENT OF HUMAN SERVICES DESCRIPTION OF SENTRY SYSTEM WELD COUNTY DEPARTMENT OF HUMAN SERVICES DESCRIPTION OF SENTRY SYSTEM Norchem Sentry Web Application for Substance Abuse Management Evidence Based Substance Abuse Management Program Intervention Inc. has maintained a contractual relationship with Norchem Laboratories for some 10 years. Intervention Inc. and Norchem have collaborated in the development and implementation of Substance Abuse Management Programs in numerous Judicial Districts and Counties in Colorado. Norchem has developed the first fully integrated evidence based substance abuse management program in the industry. Sentry will enable the Adams County Department of Human Services to screen and monitor its clients and Identify alcohol or drug abuse which will support the development of specific treatment recommendations to address the identified problems. Norchem-SENTRY can support the County's developing substance abuse program and enhance the ultimate mission of promoting the safety, well-being and permanency of children, youth and families; the vision of community safety and stable families and the values of professionalism, family empowerment, cultural competency, accountability, evaluation and partnering with our social service agencies to every extent is what sets Norchem apart as the premier laboratory In forensic toxicology and the leader in leading edge technology. Sentry supports evidence based practices in the following manner: After assessing a clients risk & need for. substance abuse and establishing the appropriate supervision level and baseline, County user's can customize Sentry for high risk intensive supervision clients, medium risk supervision, low risk, , etc and allows the County's user to establish a baseline for required testing. SENTRY Sentry provides the latest in state-of-the-art real-time access and information management. Sentry allows for full setup of an organizational structure within the HIPPA compliant web application. Director's, supervisors, and case managers may all be configured within the structure and given the access levels that their position affords. Sentry offers a full customizable set of features to help control, monitor and manage best practices in your drug -testing and sobriety monitoring program. Sentry allows County user's to manage large caseloads in order to improve outcomes through monitoring of substance use/ compliance with expectations set through the Courts or Human Service Case Workers. All drug test results are reported in real-time within the web based application management system. Adams County Department of Human Services samples are picked up at multiple Adams County, as well as other locations daily with fed -ex overnight delivery or courier pick up. Once received at the laboratory, 100% of screen results are reported within 24 hours the sample is received and up to 70% of confirmations are also reported out the very same day. All drug test results are reported within twenty-four (24) to forty-eight (48) hours from the receipt of the specimens Security, Special care has been taken to secure all transactions to and from Sentry, as well as the database underlying the system. 1 • All communications with Sentry servers is fully 128bit bank quality encryption with signed SSL certificates • Sentry's database is HIPPA compliant • Servers are located in a secure government building and are backed up hourly • In the event of an outage within the Sentry application management system, a secured fax copy shall be submitted to the approved sites Toll Free Call -In Number Clients will call one centralized toll free interactive voice response number specific to the Adams County Department of Human Services, that will document the date called, the time called, the CID (caller ID) number, and the CID (caller ID) name used by clients when calling into the system. The system will also capture if the call was required, if a test was required, and if the client missed calling into the system. A calling report can also be generated and downloaded into an excel/comma/pipe-delimited format. Randomization Sentry allows for randomization of complex drug test schedules and multiple panels and frequencies to customize a randomization schedule to fit the Departments' needs. This true randomization feature configured by a mathematical and scientific methodology improves effectiveness of drug testing dollars. It eliminates over testing and will free up case workers time for higher value activities. Prevention of non-scheduled testing Improves the impact of testing and the effectiveness of budget dollars spent on testing by not allowing clients to test on days they are not selected. On demand testing allows case managers to test whenever needed for a higher level of compliance. Randomization features Include: • Multiple period intervals as well as customization of phone hours • Specify between 5% - 30% chance for additional surprise testing • Block out dates specified as organization holidays or specific client holidays when Sentry can be "turned off" for selecting clients to test. • On demand testing allows case managers to test whenever needed in addition to the randomization of the program Chain of Custody & Multiple Collection Sites Sentry offers the next generation in specimen collection by use of an electronic chain of custody within the application. This provides quality assurance within the specimen collection process by eliminating illegible handwriting and misinformation by collector, saves time from handwriting, and eliminates invalid Chain of Custody's In Court. Collector's now can verify the client's identity by having access to a photograph and identifying information uploaded for proper identification. The Sentry application enables the COC form to be printed with any basic printer that is connected via computer to any Internet browser, The Sentry COC form will print complete client demographics including client/court/case ID#, displays panel# and panel based on client's randomization, and is bar coded, time stamped and dated on all appropriate areas of the Chain of Custody for legal defensibility. 2 The Sentry collection process is so sophisticated that it allows the collector to report a violation within the system. This enables the County user monitoring the client to receive the violation message 24/7, in real-time. This allows the County user to quickly intervene and halt further violation attempts. The above COC process can be performed at any collection location that has been established with the Department of Human Services. Intervention has two primary Adams County location locations and the ability to collect at other metropolitan and rural sites as requested by the Department of Human Services. These sites will be determined In collaboration with the Department and Norchem Laboratories via the Sentry application. Email Alerts and Web -Interface Alerts of Non -Compliant Clients Sentry not only offers real-time alerts on the County user's dashboard/homepage in the web interface of Sentry, but also allows case managers to receive email alerts on missed calls, missed tests, and abnormal/normal drug test results. With the ability to receive alerts of non -compliant clients, it allows the case workers to intervene quickly at the start of their day through the web alerts function, or Intervene quickly by receiving email alerts on their smart phones while working out in the field. Real-time reporting of drug test results & Robust reporting for Administrators & Users Sentry is integrated with Norchem's LIS System (Laboratory Information System) to report drug test results in real-time to County users. There is no need to wait for County collection contractors to get your drug test results. Results will be reported in real time to anyone who needs to access and view the client's information, primarily the Human Service Case Worker. Norchem & Sentry provides robust reporting capabilities from the Administration level, to the County user level, to the Client level. Administrative level reports include statistical, correlation and trend reports for decision making for program evaluation and budgetary decisions. County users can run full caseload reports as well as individual client reports that can be used in court cases and allow the case manager to effectively manage their caseloads. Sentry's Security and Permission Management (optional cross -agency information shasingi A key aspect of any successful case management software is the ability to transfer caseloads, delegate tasks, and grant differing levels of access to cases and groups of clients to various need -to- know parties. To this end, Sentry has implemented a full role based permission system. Details of this system can be discussed at the County's discretion. An example would be to allow Treatment agencies access to drug testing results on those clients required to participate in treatment as ordered or directed by the Human Service Case Worker. Electronic Referral Encrypted Transaction File Norchem's Information Technology professionals will work closely with the appropriate County staff to ensure that all requirements are met for receiving the DCFS electronic referral encrypted transaction file. Norchem has a long track record of building custom interfaces with our clients. These interfaces are custom made to order and we work tirelessly to ensure a seamless transmission of data. 3 EXHIBIT 2 DESCRIPTION OF SUBSTANCE MONITORING EQUIPMENT AND ALCOHOL TRANSDERMAL EQUIPMENT Lifloc FC10 Soberlink SL2 StreetTime Wrist Bracelet AMS SCRAM Ankle Bracelet Product Innovation • Menu Driven Software • Easily guides users through the testing process Last Test Recall Visual & Audible Cues Displays Breath Flow & Alcohol Curve Audible prompts to ensure proper test taking Breath Pressure Sensor - Test will not activate until subject begins blowing • Additional security against an uncooperative subject Precision Instrument 1•ull Sized Platinum Fuel Cell Superior accuracy nod long Cite Alcohol specific Doable Pump Sampling System unsurpassed Passive Testing • Perfect for opera containers Rapid muihfale subject testing Rapid ►. Repeatable lest inking Immediate response) on negative, <10 seconds on positive - immediate recovery on negative, <30 seconds on positives '• Best in Class Operating Temperature • 0-5y°C or 52-130°F Ease of Use • User Selectable Test Modes • Auto, Manual and Passive options • Passive cnn be turned on or off • Dual Trigger Modes • End of Breath: test taken at end of breath simple - Precise Volume. test taken after detecting 1.5L. of breath • Large Backlit LCD Display • Excellent day or night visibility Full 64 character display Easy to understand prompts with full text alerts • mower saving Auto Shut-off Sturdy & Rugged Design - optional rubber grip protects the unit from damage Fits securely in your hand, small enough to fit in a shirt pocket _.Heally-duty-efa rponffits-and-nagged-i:asla --- long Battery Life 160 hours of on time or up to 6000 tests • 4AA Alkaline or NiMH rechargeable batteries Five Star Customer Care • Live. Onsite Technical Support • Fastest Repairs in the Industry • 5 days or less for up to 5 units or it's free • Comprehensive Service Packages • Gold. Silver & Platinum packages offer a full spectrum of services arc warranties • Exceptional Value • Tiered products and pricing for every budget • Volume Discounts • Training Solutions & Supplies • Comprehensive Training Packages • Calibration Equipment • Unit Supplies and Accessories • Manufactured & Serviced Responsibly in r}SA •• Lifetoe PCt 0 Breath Alcohol Tester - Recommended for Law Enforcement Page 1 of 2 �ilenuri:r rnfolericing illi.ocnte Oearributor 'Rentarl Us U Login Select Lenguego 0 Items' $4.00 CHECKOUT Products Indtairy Intornntkondt Order Solutions Solutions Products TrAi.eing Soivtce AWN U. Retources Lifeloc FC10 Portable Breath Alcohol Tester Toe FC10 Portable Breath Alcohol Tester Is the true workhorse of breathalysers. Widely used by Low Enforcement and Corrections the FC10 combines high preclelon, ease of use and ruggedness with effmdobllfly. The Llfebe FC10 includes direct MC testing and passive alcohol screening In one instrument. Passive testing does not require a mouthpiece end Is perfect for rapid "zero tolerance" alcohol screenng of subjects end 'wane" of open containers. Known for Its long life and fast recovery times, the FC10 is likely the nnty breath alcohol tester you will ever need. For ease of use end operator safety the FC10 provides audible and graphical breath flow and alcohol content indicators to signs) important test situatIons such as lnsuffklent breath, reverse breath flow, possible uncooperative subjects and a pro-endkatlon of low, medium or high BAC subject levels. Actual BAC results are dkphsyed on the large easy to reed display. Unlike other devices on the market, the FC Series utliice a full 64 character backlit display with text prompts (rather then hard to remember status codes). Fur long life and test relability, Leotoc uses a full Woe 1 Inch (25.4 mm) platinum fuel cell which is up to four times larger than competitive electrochemical cells, in passive testing, a unique double -pump breath sampling system ensures rapid testing of multiple subjects. Advanced security end lock -Out features eliminate unauthorised operation, f -C Soon Vitl+ib '• pecoas t,<ttr. 'atC Sttrlus Training *4=0 400401 iNUUltigi SUMO See a complete 360" view of the FC10 Breath Alcohol Tester A cost elective alrnlml screener with long inking life and rapid, repeatable testing. Sturdy, rugged doeskin with ,i safety yellow grip to protect the fC10 breath alcohol tester from damage. If the FC10 d, alter the sem token, the alt. graphed rind before the ref Our CasyTabTM mouthpiece is self -aliening, easy to affix In daylight the er at tab to eject the used reessurIn gly ti lacefurthegpaod twine signpracera,ntsoperator exhaled broach is contact with the "wet" end of A used mouthpiece. Simply push always directed away from the operator. iiasyTab'" mouthpieces are available In individually sealed bags of 100 or 250. The FC Series of portable breath analyzers ere manufactured in the USA by Lffelet, CE marked and Ni1TSA approved as evidential instruments. Internahone l certifications, languages and units cf measure are readlly available. U.S. DOT (NI4TSA) coeformieg pproduct Autometic, Manual and Passive sampling modes Auto adjusting beckllt LCD fur excellent day or night visibility EasyTab'" mouthpiece eliminates operator contact with wet -and of mouthpiece Breath flow directed away from the operator Fastest response and recovery times in the industry Easy to understand user prompts step the operator through each test Audible and Graphical breath flow and BAC level Indicators Exceptional battery life provides up to 6,000 tests. Rechargeable or standard Fug Stood 1" Platinum Fuel Call alcohol sensor ensures long life and reliability. Pdtented LlfelOC sampling end measurement algorithms Popular language options available Upgradabie to FCtOWus and FC20 Preview the PC, Serial nettling and User Manual. http://www.lifeloc,com/fc10,aspx 12/27/2013 Lifeloc PC10 Breath Alcohol Tester - Recommended for Law Enforcement Page 2 of 2 Markets: Low Enforcement, Drug Courts, DUI Courts, Corrections, Parole, Probation, Military, Maritime, Schools, Schnol Resource Officers, Halfway Hennes, Alcohol Monitoring, 2exy progrlans, International Feature; I.Specifications , Product Comparison L. MAIM('lgms Brochures.) TastlmenhW Videos1 PC Series Trainingl -- Product Innovation Menu Driven Software Easily guides users through the testing process Last Test Recall View the results of the last test taken Visual & Audible Cues Displays breath flow & alcohol curve white providing audible prompts to ensure proper test taking Breath Pressure Sensor Test will not activate until subject begins blowing. Additional security against an uncooperative — subject -- _ Precislon Instrument Full sized 1" Diameter Platinum Fuel Cell Alcohol speak end provides exceptional life and accuracy to your unit Double Pump Sampling System Unsurpassed passive testing. Perfect for open containers. Rapid mumple subject testng Rapid & Repeatable Teat Taking Immediate response on negative, 40 seconds on positive immediate recovery on negative, <M seconds on positives lest In Clara Operating Temperature 32 - 130°P (0 - 55°C) Ease of ti s e - ueer Selectable Teat Modes Auto, Manual, and Passive modes _ - Dual Trigger Modes End of breath: test taken at end of breath sample Precise Volume: test taken after detecting 1.5L of breath Large backlit LCD Display Excellent day or night visibility. Full 64 character display. Easy to understand prompts with full text alerts. Power Saving Auto Shut-off Sturdy ! Rugged Design Heavy duty components and rugged case. Fits securely In your hand, amag enough to ft hi a shirt pocket. Optional rubber grip protects the unit from damage Long Battery life 150 hours of "on time' or up to 6000 tests Home Privacy Posey 5xam30 ❑laGuardareatlTenar.cem Ordering a snipping Term, a Conditions http://www.lifeloc.com/fc10.aspx 12/27/201.3 Lifeloc FC10 Breath Alcohol Tester - Recommended for Law Enforcement Page 2 of 2 Markets: Low Enforcement, Drug Courts, DUI Courts, Corrections, Parole, Probation, Military, Maritime, Schools, School Resource Officers, Halfway Houses, Alcohol Monitodne, 29x7 programs, International Postwar I Specification Product Comparison J Related Items .. Bracewell Testimonials 1 Videos' % PC Series Training Specifications Alcohol Sensor Fug Size 1' diameter Platinum Fuel Cell. Alcohol Specific _ Detection Range 0 to .601 BAC Accuracy e .005 BAG to .100 SAC.1 Soft above .100 to .400 BAC Reaponse Time Immediate on negatives, under 10 seconds on positives Recovery Time Immediate on negatives, under 30 seconds on positives Unite of Meestne BAC standard. Available In other common units of measure Display 1.65' x AT (42 x 22 mm) viewing area graphic LCD. Automatic backlight for nighttime use Sample Pump Automatically actuated electronic pump. No cocking required opetatlng Temperature 32° • L30° F (0° - 5S° C) —,_... Power, alkaline or MINH rechergeble batteries. 161 hours of operation which equates to up to 6,000 testa p Four (9) M per battery sot Size 2.6' x 5" x 1.25" (66 x 127 x 33mm) Weight wfDetterles hoc. (226 grains) Hone Privacy Polley Sitamap llreGoultio ltlToeler.eon Ordering >Shipprno Terns & Condition http://www.lifeloc.com/fcl0.aspx 12/27/2013 SOBERLINK Intervention, Inc. Ph: 303-450-6000 SL2 The next generation of remote alcohol monitoring Introducing SL2... the next generation of handheld remote breath alcohol technology from SOBERLINK, the innovators of the first handheld wireless device. This patented product is a sleek, all -in - one device that instantly transmits breath alcohol tests to cloud storage and initiates alerts upon client violations. 5L2 upholds SOBERLINK's reputation of being the leader in providing cutting edge technology for alcohol monitoring. SL2 Features: • Pocket size, one-piece unit • Real-time, wireless reporting Embedded Verizon cell module with GPS • Internal camera for user verification • Tamper resistant features • Professional grade fuel cell sensor • High resolution LCD screen • Lithium -ion rechargeable battery Jacob Brown mew..MMhas,. es inms SOBERLINK web portal features: • Real-time report includes participant photo, BAC, GP5 location • Automated text reminders sent to participants when reports are due • Automated real time alerts upon participant violations SOBERLINK - Frequently Asked Questions Page 1 of 3 SOBERLINK Monitor Sobriety • Anynme. Anywhere Home Product Frequently Asked Questions Activate Device User Login Who would benefit from SOBERLINK? • Treatment — consistent monitoring has proven to Improve success rates dramatically for people In early recovery • Criminal Justice— as a non-invasive, evidence based assessment tool that reports real-time compliance to the judicial system • Workplace -.to assure safety In the workplace and to reduce liability • Family —to rebuild trust and promote safety for loved ones How -is-SOBERLtNKdifferent-than other -alcohol -monitoring -devices? Unique features: • Non -Invasive - discreet, handheld device • Wireless - No plug Ins or downloading required • User Friendly - Quick and easy to use • Real -Time results - Test results and participant violations reported in real time • Cost Effective - Compared to consistent wine testing or Transdermal devices Does SOBERLINK have the ability to detect substances other than alcohol? Currently, S0BERLINK only detects the presence of alcohol on the breath. __ _ What are the main features on the SOBERUNK Monitoring Web Portal? The SOBERLNK Monitodng.Web Portal features: • HIPAA compliant— confidential and secure web portal • Detailed tests: client photo, BAC, GPS location, time of test e Automatic text reminders sent to the client when reports are due • Real time alerts to administrator upon missed or positive BAC tests • Reporting and client management features How do I purchase SOBERLINK and how much does It cost? SOBERLINK is offered through service providers and treatment facilities across the country. To be directed to the closest provider, smallsales@soberilnk.netorcall714-975-7200 to speak to a sales representative. DoesSOBERLINK provide the monitoring services? . . No, SOBERLINK does not.offer monitoring services but can refer you to one of our Service Providers who specializes alcohol monitoring. To be directed to the closest service provider, email sales@soberlink.netorcall714- 975-7200 to speak to a sales representative. . • • How accurate Is SOBERUNWs blood alcohol content (BAC) results? The SOBERUNK Breathalyzer contains a professional -grade fuel cell sensor with a detection range of 0.000% - a400% BAC. The fuel cell used In the SOBERLINK device is calibrated to extremely tight tolerances and would be comparable to other high -end professional grade fuel Breathalyzers on the market If you would Eke a data sheet with specifications on the SOBERLINK device, simply call us at 714.975-7200 for more details. How often does the SOBERLINK Breathalyzer need to be recalibrated? The SOBERUNK Breathalyzer requires recalibratlon approximately once a year in order to maintain the accuracy of SOBERLINK - Frequently Asked Questions Page 2 of 3 the fuel cell sensor. The SOBERLINK device keeps an Internal clock of 1,500 tests and wilwarn the client and administrator of the account when it Is lime to recalbrate the device. Simply call 714-975-7200 to follow a simple exchange procedure. • How do the client text reminders work? Once the monitoring party creates an account on www.sobertinknet, the administrator has the ability to set up a testing schedule for each dent they are monitoring. Based on this schedule, automated texts can be sent to the client's personal cell phone, reminding them to submit a sobriety test. Although the client can submit a test al any time, they will have 44 minutes after their reminder text before the test is marked as missed on the Monitoring Web PortaL What happens if a test result Is a positive MC? Ha positive BAC is detected, the teat will be highlighted on the web porftd, and the client WI receive an automated text on their petscnarcell ptgge,.Tg4§ fextwil hop/them that they have submitted a positive teat and will be asked td r2test'k3'30 mfndt'es.1hts feaurrl3 pravklee quantitative data for the 'Monitor to evaluate whether the ?calve BAC was a drinking event eta fat aposithi resut(:e. twits `tied mouthwash before testing), and can be enabled or dlsaTikidbytheailminisOs[o?onlfe}tortifottlgt7Vebp�rtat .: a4kr.i i 1f7 If CtlerdsulSrlllla a sttWVere My. po port, can t be�`ed hemed�`Ee Onme MOM- torbglA bpddat ttisaccouh�rg�,�re�,t`aaa �acMcr�nt,�v,rigw>s(,'��enedtnrough small or tekt upon a missed ar posittV$ I res I iktai ale tcefotdptup rattlnatlons if s dent submlts e test after mtssing the echeduted 6me; and Comp Tent notitcatfons t a SAC below 02 trines th alien ubrnRfng a test at :02 br htgher. How secure bit to store §obrlety repor on the Moblto�in& iii,, rs r t v 2 7 "l l r on a.'> Very sears. Because we ur�d'e1"s�attd"tha�the �i%C artfnat r}redCatrecartfs, alir�Aohftoiing Web Portal is HIPAA compliant and password protected. Please read our Privacy Policy and HIPAA Compliance Statement formate details. a What If t forget my Username.or^ On the User Login pate, click "f Forgot My Password", enter"your accounts email address, and click "Request Password". Instructions to create a new passwordwdl be sent tathe #05uro email address;wtthln 16 minutes. If you have forgotten your user name, please small customerse!t��yi sobedirdcnet or tali 7145!5-7200. What Ifrn'! ffittoN!C product gets ritntienb tOs ContactSOBEfSkassbie %Cilifri 714-L7S•. .. no further tilotltoiingchargeswilt befncuteco M rred.Itisalsorfi denoting ltabiltywhengMng the SOBERLINKproduct to a dtenf Are there ...`-�,•; x YLt�::?'.z;N '. arty references t can roll to ftnd out Tiaik-S0BthRlit'1{(le wor(dng fo?some ofyorrli current customers? Yes feel free to call Iiq 076 7201 atid'a repfesentativt will be happy to prrovide'refereitires That YEW can contact directly. t [ll y4a ?s }oil he suspended and t 1fYe tidal torfng party` creates a contract I need to use SOBERLINK for a child custody case. Can f purchase the'device'dlrec0y from SOBERLINK? SOBERLINK recommdnds using a SOBERLINK Service Pr elder to assist you. The Service Povtiler would rent the device at a daily fare -end assist M. the monitoringand case rnatiagerdeht of your festhig adhity Ali SOBSRLINK Service Provkiere are established electronic monitoring agencies with extensive tiackgidunds In alcohol monitoring. To find the closest provider, call 714475-7200 to speak to a sales assodate. Can the administrator on my account setup the ddwce ter tanddinlzed testing "'• The SOBERLNK web portal does not have a computer generated randbndzed testing system. All text reminders requesting a test front the padtctnen( art scheduled by the accotuntadmlnistratbr and takes 30 minutes to process once Input The decision to disclose the testing schedule is between the accdunt edministratorand the person being monitored. Me to the ease of eubinftling t teat, Merit elentste'st 2-4 times pet day; making random testing unnecessary. I'm interested in using SOBERLINK at my treatment facility. Is there a protocol or more Information on how file:///C:/USerstfH-2O/Documentsf..cnherlink/SQRR?T.TNWo/91LehinTi,w." prick 70/.flA°baA anCYtn11 .SOBERLINK - Frequently Asked Questions Page 3 of 3 facilities are using SOBERLINK with their clients? Yes, SOBERLINK can sand a proven protocol guideline used by many of our licensed professionals. Please cal SOBERLINK at 714-975.7200 to get more details on the suggested Implementation. Can I use the SOBERLINK products internationally? SL2 can only be used In the US, through Verizon'e cellular network. The SL1 device can be used Internationally by pairing it with a phone that supports International data communication. Home I About Us I Contact Us I Careers I FAQ I Order Form I HIPAA CompllantSfatement I Terms of Service I PMacyrolicy I S0BERLINK Slog I S0BEWNF0 Coolant CngdaMl2013. 0 soerakkne. All RIgtt Rarmad. rras SLEEPTIME® 1 r Continuous alcohol and other drug abuse monitoring Economical, non-invasive alcohol and other drug abuse monitoring 7 days a week SLEEPTIME® analysis detects substance abuse. Urine toxicology confirms. • Home Based SleepTime requires offenders report to the administering agency when abuse is suspected • Office Based SleepTime provides the same reliable monitoring at a lower cost. • Urine sample collected only when substance abuse is suspected • EtG provides proof of alcohol abuse for days after use • GC/MS testing provides definite proof of other drug abuse • Non invasive • Report and analysis takes 2 minutes • 2 year battery life • Comfortable as wearing a wristwatch high Level of Offender Accountability With random alcohol and drug testing it is sometimes difficult to discover substance abuse episodes. SleepTime® monitors sleep patterns and when disruptions caused by abusing illegal drugs, abusing prescription drugs or alcohol is seen by SleepTime® a urine sample is called for by the SleepTime system. Urine Confirmation SleepTime® uses the most universally accepted confirmation by all criminal courts for alcohol and drug use — urinalysis: LC/MS/MS for EtG (alcohol) and GC/MS for other drugs. Deterrence With an offender wearing the SleepTime® unit about their wrist or ankle 24/7 they realize that if they abuse alcohol or drugs that they will be caught. SleepTime® provides a constant reminder to the offender. Monitors for Both Alcohol and Drugs Other systems commonly monitor for alcohol only. SleepTime® is the only system that monitors for both alcohol and drugs on a daily basis providing treatment information which would require daily collection of urine samples from offenders. Low Cost Compared to other technologies including urinalysis, SleepTime® is affordable for offenders. It is available for direct short term lease to government agencies without requiring the purchase of special equipment. Aside from positive urine samples SInepTime® is a low daily rate. kegiable SleepTime® is shock resistant and has a 2 year battery. The unit is waterproof down to 2 meters. It is comfortable to wear and if the offender removes the device for any reason it will record the removal and automatically require a UA sample upon the next upload. Pb:mc: 877.727.7761 I!)ue:l inks;/NIL out inoieehuologics.toin sircclinlcteahnologic .corn STREETIME 4 TECHNOLOGIES Pig Impnilm,ni Del cell. Serving I.1.0 SCRAM" CONTINUOUS ALCOHOL MONITORING 1 featly believe that tfJudges and probation departments knew about this technology and understood how suc- cesSful It Is it would be on the tinkle of every alcohol dependent offender in the criminal Justice system," — C. West Huddieston CEO, Natariel Association or Drett eau/ Prafesslonat9 SCRAM Systems: OPTIONS in Alcohol fAoi dot Jug .. lst unit, Dlll Lower Level =lies, •, Flu Ile. I(IJury n.oad'ullrg! thlougll nom r.aml,IR nci Our flagship technology. The SCRAM Continuous Alcohol Monitoring"' system is the world's most widely used and trusted 24/7 transdermal alcohol testing system. For high - risk, hardcore DUI and alcohol offenders. SCRAM ContinuousAlcohol Monitroring' Continuous Atcehol Mbnitoring (CAM), or combined CAM k House Aftest, at the flip of a switch. It's 24/7 monitoring for your high -risk/ high -need alcohol clients. SCRAM Remote Breath` The first and only handheld, wireless, portable breath alcohol device with automated facial recognition ! and GPS with every single test. For your lower -risk offenders or those who have earned less intensive testing and monitoring. ,(0 SCRAM One -Piece GPS" This OM400" Global Positioning System technology is a one-piece location monitoring system that combines Omnllink's industry -leading accuracy and reliability with ! all -new RF compatibility, 2 -way communication to send notifications to offenders, and a one -of -a -kind strap design that virtually eliminates false alerts. 0 SCRAM House Arrest" Standalone house arrest monitoring built to work with today's home communications systems. Operates over home Internet routers, standard w digital phone lines, DSL, Vonage", or an optional SCRAM -provided wireless system.. 7 The SCRAM Systems Compliance Platform'" The SCRAMNJef" seture web application Is the core of the platform, which brings together everything from monitoring of our full product suite to our best-in-ktdustry court support program, 24/7 customer support, mobtte applications, offender compliance analyttcs, and beyond. Higher Level HIGHER RISK Rd-,I:cavHardcore Dum: IJI Welt, l :i_ Vlclenca ly;l Roq,f,-o mere 11 i'.GI':7.V . IlI( nll(frin.I L. I .I),IOIif10c- Sober Days' A Sober Day is a 24 -hour period In which a monitored hadlvldual has no confirmed consumption of alcohol and no confirmed attempt to tamper or circumvent testing in order to mask the consumOtion of alcoho'. To be a true Sober Day, a client must: Be able to present evidence -based confirmation of sobriety for each 24 -holly pe:Od Be monitored transclenlia ly in order to meet the required test frequency Be tested a minimum o' once per hour every 24houn period Be tested automatically, with no requirement to participate' In testing According to data from the 300,000 offenders monitored with SCRAM CAM technology. r .7, 44 -N•4g'} d ,, No chinking, no tempering. co b 04O $ 0391 oco ♦ @W oro w•ww,alcchol-nontorinc.con.rcnm 300.557,0$61 FEATURES • Independently tested, court -validated • 24/7 Customer Support • Dynamic, flexible training • AMS Data Analysis of every alert • TAC readings correlate to BC readings with a 0.02 confirmation threshold CAM Bracelet • Worn 24/7 • Automated, noninvasive • Samples perspiration every 30 minutes • Industry -leading anti -tamper technology • Optional House Arrest curfew monitoring In one bracelet CAM Base Station • Multiple ways to connect, Including SCRAM Wireless" • Automatically uploads and transmits data at prescheduled times) • Downloads software updates from SCRAMrifi "to the CAM Bracelet • SCRAM Direct Connect" allows agent downloads In the office, on -demand, direct to a computer SCRAM,ET • Central, secure, web -based platform where all data Is stored, analyzed, reported, and maintained • User-friendly tool that aggregates, analyzes, and graphs test results • Custom notification and reporting protocols • Flags and graphically depicts alcohol alerts, obstructions, tampering, schedule noncompliance, battery and equipment information • Integrates with all SCRAM Systems" monitoring technologies BENEFITS • 993% compliance each and every day • National network of service providers • Conclusively distinguishes between alcohol consumption and environmental alcohol sources • Single -source admissibility —no back-up tests required • Flexible data management —expand, consolidate, view at -a -glance assess- ments, or summarize an entire caseload • Continuous testing means no drinking around test schedules SCRAM- S Y S T E M S SCRAMx® SYSTEM QUICK FACTS SCRAM / TRANSDERMAL ANALYSIS / CONTINUOUS ALCOHOL MONITORING • SCRAM stands for Secure Continuous Remote Alcohol Monitor.® • The SCRAMx Bracelet automatically samples a subject's perspiration every 30 minutes, 24 hours a day, to test for alcohol. • The 24/7 testing protocol is known as Continuous • Alcohol Monitoring, or "CAM." • The testing protocol that samples a subject's perspiration is called Transdermal Analysis. • Approximately 1% of everything we ingest is expelled, unmetabolized, via our pores as "insensible perspiration." DUAL -FUNCTION MONITORING • SCRAMx includes both house arrest/RF monitoring and alcohol monitoring in the same bracelet. • House Arrest is known as "curfew monitoring," "RF monitoring," "electronic monitoring" or "home detention." • House Arrest is NOT to be confused with GPS (Global Positioning System). While GPS can track someone's location 24/7, House Arrest is designed to restrict someone to their home at times designated by authorities —usually any nonworlcing hours. • House Arrest works by monitoring a continuous signal between the bracelet and a Base Station placed in the home and plugged in to a conventional phone line. Any disruption to this signal will create an alert. THE SCRAMX BRACELET • Weighs 5.8 ounces • Tests for alcohol every 30 minutes. • Takes additional tests to determine whether any kind of tampering has taken place. • Includes a tamper -resistant "hot" strap that issues an alert for any attempt to remove the anklet 10/3/2011 JAWS 'ALCOHOL "u", Cwvu.....u.. INC. THE SCRAMx BASE STATION • Can be placed in a client's home or work. If the client is on House Arrest, the Base Station will be at home. • Connects to a conventional phone line or can operate with SCRAM( WirelessTM, requiring only an electrical outlet in order to securely transmit data to SCRAMNET. The Base Station sends a signal at a predetermined time each day to the SCRAMx Bracelet in order to download the alcohol testing data. This is generally done once per day and can be done as often as six times each day. • Via a radio frequency (RF) signal, all data stored in the Bracelet is transmitted to the Base Station, and the Base Station sends the data to SCRAMNET. • The Base Station will also download any system updates from SCRAMNET to the Bracelet. SCRAMNET "r • SCRAMNET is a web -based application that is managed and hosted by AMS. • SCRAMNET is accessed by monitoring agencies via the Internet using standard web browsers. • Allows agencies to customize testing and reporting schedules and to access and monitor subject test results at any time, from any location. • Users can access SCRAMNET just like any other website, via Internet Explorer version 6.0 and higher. THE COMPANY Founded: R&D: BETA Testing: Product Launch: Launch of SCRAM( with House Arrest: Employees: Corporate Headquarters: 1997 1997 to 2002 March 2002 April 2003 February 2010 126 Nationwide Littleton, CO S `(((R AAAK EXHIBIT 3 NORCHEM' S CERTFICATION DOCUMENTS , NORCHEM lirstMoVime OUTCOMES Appendix A — Norchem CAP-FDT Certification Certificate e. College .ofAmerican Pathologists erNiTles that the laboratorj+ named below them Drug Testing tborgtory . ta, ,' Arizona Taivola, PhD Numbec 6913001 j(>Itt 13Y4964 Wie' all applicable rtanallrns for trocr edilat/ohaml 1res eby accredited by the Callkge q 4rite&ah Patho'lzigists' 'ask ItaltOll $r m RemTpeetionshould rttrprior to•Mqy 22, 2015 td fiidtitd'itt aecreditatloiz ldlblioo cbm nat a0fdnpUdlly ro vtvv StSgeIndlnxi+o, owneisblp. add AMMO that inljdar,a ne rhnmUswt ?ott e ., Commission attA0 M4, Aene4fmia+ PaslikN, Cathy otArnMan Paowhi+u '4( EXHIBIT 4 NORCHEM'S DELIVERY TIMES Standard Turn Around Times Times are based on receipt by the lab Drug Alcohol (Ethanol) Meth/Amphetamine Barbiturates Bath Salts Benzodiazepines Buprenorphine Cocaine Ecstasy EtG Fentanyl Mepiridine Methadone Opiates Oxycodone PCP Propoxyphene Soma Spice / K2 Tramadol THC Screen <24 hours <24 hours <24 hours 24 - 48 hours <24 hours 24 - 48 hours <24 hours <24 hours <24 hours 24 - 48 hours 24 - 48 hours <24 hours <24 hours <24 hours <24 hours <24 hours 24 - 48 hours 24 - 48 hours 24-48 hours <24 hours Confirmation 24 - 48 hours 24 - 48 hours 24 - 48 hours 48- 72 hours 24 - 48 hours 48 - 72 hours 24- 48 hours 48 - 72 hours 24 - 48 hours 48 - 72 hours 48 - 72 hours 48 - 72 hours 24 - 48 hours 24 - 48 hours 48 - 72 hours 72 - 96 hours *send out 48- 72 hours 48 - 72 hours 48 - 72 hours 24 - 48 hours Propoxyphene confirmations are sent to another lab COFIDNETIAL TIAL EXHIBIT 5 INTERVENTION STAFF RESUMES 452 Homestead Lane Phone (303)880-8536 Johnstown CO 80534 Kimberly N. Riley Education 2007 Colorado Technical University Denver, CO Masters of Business Administration 2002 Colorado State University Ft. Collins, CO BA Arts Major Sociology ▪ Criminal Justice Concentration 2000 Front Range Community College Ft. Collins, CO Associate of Arts • General Studies Work experience July 2008- Present — Intervention Inc. Program Manager — Greeley • Managed budget of location including collecting fees, tracking of revenue, and balancing accounts Handled public relations with Courts, Probation, and Treatment providers Supervised 11 employees who supervised 1000 + clients including complaints and problems • Disciplinary Action and Employee Reviews • Headed various staff meeting regarding progress and performance • Supervised a urine analysis and breathalyzer program • Supervised Electric Home Monitoring Programs including the collection of fees • Reviewed and edited various reports generated by case managers to ensure court appropriateness • Audits on case files including review of audit scores with case managers and coaching • Training of new employees • Ongoing coaching of employees including Evidence Based Practices and Motivational Interviewing. • Court appearances including testifying in revocation hearings • Meetings with Judges and probation supervisors for troubleshooting • Drug Court and DUI Court Team Member • Marketing of Intervention and available services 2005 -June 2008 Rocky Mountain Offender Management Systems District Manager • Managed Adams County and Greeley RMOMS locations • Supervised nine employees who supervised 1000 + clients • Supervised a urine analysis and breathalyzer program Supervised Electric Home Monitoring Programs including GPS and SCRAM • Reviewed and edited various reports generated by case managers to ensure court appropriateness • Disciplinary Action and Employee Reviews • Headed various staff meeting regarding progress and performance • Training of new employees • Court appearances including testifying in revocation hearings • Meetings with Judges and probation for troubleshooting • Participated in Training committee and Drug Court committee 2003-2005 Rocky Mountain Offender Management Systems Case Manager II • Supervised and counseled caseload of adult probation clients • Monitored progress of clients through regular meetings, assessments and referrals • Provided referrals to counseling agencies for drug/ alcohol/ cognitive therapy, individual/ family therapy and domestic violence counseling • Wrote various reports to the court including revocation, process, termination and special reports for clients • Attended revocation hearings for clients • Tracked in home detention clients 2001 - 2002 CSU Education Dept. Ft Collins, CO Administrative Assistant Balance 19 grants ranging from $5,000-$10,000,000 • Balance Education Department Budgets of $5,000-$10,000,000 • Personnel and Human Resources • 3 PowerPoint presentations used for grant proposal and updates Internship Summary of qualifications References Deputy Probation Officer, Ft. Collins Probation Dept. • Intensive supervision of sex offenders: court appearances, therapy sessions, individual counseling, detailed records, planning meetings, disciplinary action. January 2002 — May 2002. All windows applications including Access, Excel, PowerPoint, Word, Outlook, ICON, Treatment Management Systems, Typewriters, 10 key, multi -line phone systems, Copiers, Fax Machines, and Filing Systems Available Upon Request Michael L. Uphaus 8411 West 19th Street Greeley CO, 80634 Email: muphaus a hotmail.com RESUME: Work History March 2012 to present: Senior Case Manager Intervention Inc. Greeley, Colorado • Supervise 6 case managers and 4 administrative staff • Perform file audits • Conduct performance reviews of staff • Supervise low to medium risk Domestic Violence Clients • Gather client satisfaction surveys • Review all court reports upon completion and prior to being sent to court • Train all new case managers May 2011 to March 2012: Case Manager Intervention Inc. Greeley, Colorado • Set up treatment plan reviews with clients • Comprehensive knowledge of Domestic Violence Standards • Cover Pre -Trial Services • Conduct Monitored Sobriety Testing on clients • Perform un-hooks for clients electric monitoring • Work closely with Victim Advocate • Supervise over 200 VRA clients including Domestic Violence cases September 2009 to September 2010: Juvenile Probation Officer Larimer County Probation Fort Collins/Loveland Colorado • Organized basketball group sessions for juveniles • Prepare documents for court • Work closely with treatment providers, DHS and other state agencies • Testify in courtroom situations • Conduct home, school, employment and treatment visits November 2001 to September 2009: Intensive Supervision Officer II Leavenworth County Community Corrections Leavenworth, Kansas • Conduct employee Performance Management Plans for adult probation officers • Assist in the collection of data for grant request and annual reports for the Kansas Department of Corrections • Performed file audits • Conduct new officer training • 2 years general supervisory experience • 9 year court testimony experience • conduct home, employment, and treatment visits for juvenile and adult offenders • supervised adults on felony probation • supervised juveniles on felony and misdemeanor probation • supervised juveniles on parole from Youth Corrections Facility • Place juvenile offenders outside the home in accordance with HA standards and court orders May 2000 to August 2001: Intensive Supervision Officer McPherson/Harvey County Community Corrections Newton, Kansas • Supervised the Truancy Program • Supervised mixed caseload of juvenile and adult offenders • Worked for the juvenile Intake and Assessment program • Conducted Monitored Sobriety testing EDUCATION Emporia State University Bachelor of Science -emphasis sociology Brianna C. Ebel 2105 22nd Ave Apt 307 Greeley, CO 80631 (303)808-3159 Briannacebel@gmail.com OBJECTIVE To obtain a Probation Officer position which would challenge my knowledge, utilize my responsibility and communication skills gained through my field experience and help me to work with vulnerable, oppressed, disadvantaged, and rural populations, maximize opportunities for every individual to realize his or her highest potential, and to promote respect, awareness, and appreciation for culture and social justice at every level of society. EDUCATION UNIVERSITY OF NORTH DAKOTA, Grand Forks, ND Bachelor of Science in Social Work May 2012 G.P.A 3.7 Major: Social Work Minor: Chemical Dependency LICENSURES Licensed Social Worker (LSW) North Dakota, Test Date: May 8, 2012 RELATED INTERNSHIP/VOLUNTEER EXPERIENCE COMMUNITY VIOLENCE INTERVENTION CENTER (CVIC), Grand Forks, ND January 2012 -May 2012 (UND Field Practicum) Shelter Intern Assisted victims of domestic violence and sexual assault at shelter and through crisis line Completed shelter intake/exit procedures Co -facilitated a women's educational and support group for domestic violence and sexual assault victims Referred clients out for appropriate services PHI ALPHA NATIONAL SOCIAL WORK HONOR SOCIETY/STUDENT SOCIAL WORK ASSOCIATTION, University of North Dakota, Grand Forks, ND August 2010- May 2011, August 201I -May 2012 Phi Alpha Vice President August 2011 -May 2012 Helped organize social work club events in the Grand Forks, ND community Communicated with students, faculty, and community about club concerns, events, and awards 19th DISTRICT PROBATION AND PAROLE WELD COUNTY COLORADO, Fort Lupton, CO May 2011 -August 2011, May 2012-Feburary 2013 Deputy Probation Officer Assisted offenders in securing employment Counseled and referred offenders to treatment services Maintained awareness of offenders daily activities Responsible for the case management of all assigned offenders SOUTH MIDDLE SCHOOL, Grand Forks, ND January 2010 -May 2010 English Language Learner (ELL) Volunteer Observed and communicated with a ELL adolescent student from Nepal Completed full assessment of student Tutored student WORK HISTORY INTERVENTION, INC. Greeley, CO March 2013 -Present Case Manager Monitors, supervises and provides investigatory work of offenders ordered to probation Responsible for the case management of all assigned offenders Counsels and refers offenders out for treatment services Formulates case plans with offenders Assists offenders in securing employment Writes and processes court paperwork Enforces conditions imposed by the court Maintains a detailed written record of case activity Communicates with treatment providers, the courts, and other probation departments Provides victim assistance Attends meetings and trainings WELLS FARGO BANK, Longmont, CO & Broomfield, CO June 2012 -March 2013 Teller Processes transactions Balances cash drawers and vaults Provides excellent customer service Operates bank computer programs Answers phones Explains, advises on, and promotes bank products and services to customers AMERCINN MOTEL AND SUITES, Grand Forks, ND February 2010- May 2012 Front Desk/Guest Service Representative Answered phones Checked guests in/out Operated reservation system Implemented Easy Rewards Program Cash handling Light cleaning INDIAN HILLS RESORT, Garrison, ND May 2009 - August 2009, May 2010 - August 2010 Front Desk/Kitchen help/Housekeeping Answered phones Checked guest in/out Completed Scheduling Completed Ordering Light cooking/housekeeping Operated reservation system Cash handling REFERENCES Angela K. Campbell, Probation Officer 19th Judicial District Probation Department 2950 9th Street Ft, Lupton, CO 80621 angelak.campbell@judicial.state.co.us Phone: 720-606-8012, fax: 720-606-8001 Angela Z. Johnson, Probation Officer 19th Judicial District Probation Department 2950 9th Street Ft. Lupton, CO 80621 angelajohnson@judicial.state.co.us Phone: 720-606-8011, fax: 720-606-8001 Jessica Bergman Shelter Advocate Community Violence Intervention Center (CVIC) 211 S 4' St. Grand Forks, ND 58201 Phone: 701-746-1093 Michelle Jendreas Service Manager Wells Fargo Broomfield 2 Garden Center Broomfield, CO 80020 Phone: 303-465-6755 Michael Smith General Manager: AmericInn Motel and Suites 1820 S. Columbia Road Grand Forks, ND 58201 Front Desk: 701-780-9925 Kelly Sorge Small Business Owner Indian Hills Resort 7276 14ih St NW Garrison, ND 58540 Work: 701- 743-4122 Cell: 701-391-8710 Caitlin J. Gordon 1722 30'" St. Apt. 207, Greeley CO. 80631 Cell Phone Number: (970) 218-7631 Email: Caitlinjg3@hotmaiI.com Objective: To acquire this position in order to gain experience in the field of Criminal Justice. Education: Berthoud High School, Berthoud, Colorado August 2007- May 2011 Received: High School Diploma AIMS Community College Graduation: May 2013 Liberal Arts Major University of Northern Colorado Attending: Fall 2013 Experience: Intervention Inc.: March 2013 -Present • Secretarial work • Conducted BA tests • Supervised UA tests • Enter client information into the computer system • Collected various forms of money from the clients Kmart: July, 2011 -Present • Cashier • Bagged items • Did hardline returns i.e. paper towels, toys, bed, bath etc. • Did softline returns i.e. shirts, jeans, coats etc. • Straightened apparel • Directed customers in their search for items • Customer Service Associate as of July 2012 (Supervisor) Manage price adjustments Do returns/exchanges for customers - In charge of the cashiers - In charge of the cash drawer - Answer the phone and direct calls Jamaica Me Hot Tanning/Blondie's Tanning: January 25, 2011- July, 2011 • Counted the drawer before and after a shift • Cleaned the tanning beds with a solution • Washed and folded towels • Cleaned the tanning goggles with a solution • Took care of the customers needs • Handled cash, checks and credit cards • Sold lotions as a commission • Smart Tan Certified • Receptionist JT's Grill: July 2010 -September 2010 • Prepared for the following day i.e. salads, dressing, coffee, napkins • Cleaned i.e. bathrooms, swept and mopped, counters, kitchen, washed dishes • Took orders from the customers and brought out the food and provided a service • Worked with a register and handled cash, checks, and credit cards Grandpa's Caf�: May 2010 -August 2010 • Prepared for the following day • Made sure the restaurant and bathrooms were clean • Took orders and brought out the food for the customers • Worked with a register and handled cash, checks, and credit cards • Worked on a POS System The Jumping Bean: June 2009- December 2009 • Cooked breakfast on Saturday and Sunday's from 6:30 AM until 12:00 PM • Prepped for the following day, or the following weekend • Washed dishes • Made coffees • Made sandwiches • Worked with a register and handled money Skills: • Hardworking • Proficient computer skills in Microsoft word, PowerPoint, and also POS Helios • Reliable • Flexible • Competitive • Friendly • Work well with others • Register experience • Retail sales experience • Customer Service experience • Organized Interests/Activities: • Volleyball Team: Played volleyball for two years at BHS, which developed my team work ethic. • Prom Committee: Was apart of the prom committee when I was a junior, developed skills to figure out solutions immediately and increased my reliability skill. Hobbies: • Hanging with family/friends • Reading References: Thomas Robinson Suzanne Glaze Julie Phillips Stephanie Merrill Boss from Jamaica Me Hot Tanning (970) 308-3616 Boss from Jamaica Me Hot Tanning (970) 631-3831 Coworker from Kmart (303) 981-2658 Coworker from Kmart (970) 646-6698 CASSANDRA BARNES 2416 Suncrest Drive Loveland, CO 80537 (970)581-0795 cindergirl2l(2Iyahoo.com OBJECTIVE My goal is to move upward in the criminal justice field. EDUCATION Bachelor's Degree of Criminal Justice Minor in Anthropology • University of Northern Colorado, Greeley, CO • Graduated: May 2012 SELECTED COURSEWORK Bloodstain Analysis: Studied the basic principles and concepts of bloodstain pattern analysis, including directionality, point of origin and angle of the spray, concluded in receiving a certificate of completion. Crime Scene Techniques: Analyzed the basic principles in crime scene techniques, such as photography, evidence layout and police logging, resulting in a certificate of completion. Forensic Pathology: Studied autopsies and determining cause of death, conversed with many coroners, attended two autopsies, and earned a certificate of completion. RELATED EXPERIENCE Internship • Weld County Public Defender's Office, May to July 2011 • Intern Investigator • Served subpoenas, investigated misdemeanor cases, interviewed witnesses, assisted with high level cases, worked with child care services, and met with clients for file discovery • I completed all the cases I was assigned and one of my cases was dismissed as a result of thorough research. Additionally, I assisted a lead investigator with an attempted murder case receiving acclimates from both the investigator and senior attorney. ADDITIONAL EXPERIENCE Intervention, Greeley, CO, March 2013 to Present • Case Manager • Experienced in Icon, Citrix, and Sentry • Work with low risk probationers • Experienced in collecting UA's and BA's Walgreen's, Loveland, CO, July 2009 to March 2013 • Service Clerk • Employee of the Month, February 2012 • Experienced as cashier, photo clerk, and floor stocking • Cashier Trainer Quizno's, Loveland, CO, May to June 2009 • Sales Associate • Served food, delivered, and demonstrated cleanliness UNC Dining Hall Tobey Kindle, Greeley, CO, August 2008 to April 2009 • Student Employee • Served food to students and faculty, concession stand worker, dish washer, assisted with food preparation, and utilized cleanliness Party City, Loveland, CO, March 2008 to August 2008 • Service Clerk • Trained as service clerk and customer service representative • On the transitional task team and was a team leader Target, Loveland, CO, October 2007 to January 2008 • Sales Associate • Floor team member • Worked throughout store and helped with customer service ACTIVITIES • Member of the Criminal Justice Society, UNC (2010-11) • Member of the Anthropology Club, UNC (2011) Christen Ceh 2948 Arbor Ave Greeley, CO 80631 Phone: (970)-313-6871 E -Mail: Ceh6715@bears.unco.edu Experience Intervention Inc. UA Technician Greeley. CO • Supervise clients when providing a specimen to test for alcohol and or drugs. • Enter client records into the company's computer system (Citrix).. • Cross-reference two different systems in order to improve both systems. • Work on various types of projects that are needed to be completed. The Conditioning Spa LLC. Membership Director. Greeley, CO 2011-2013 • Managed inventory, returns, sales, and memberships for a local gym near my undergraduate college. ■ Hired as a "trainer" for cleaning and repairs of gym equipment and later was promoted to membership director. • Sold memberships and learned the legal aspects of contracts, gym memberships, and cancellations. Platte Valley School District. Offensive Football Coach. Kersey, CO 2010-2012 • Helped mentor seventh and eighth graders at Platte Valley Middle School. ■ Learned and implemented Platte Valley's Varsity playbook in less than a year. Placed second in the Weld County Big Schools Division. • Started as a volunteer for two years and was hired as offensive coordinator in the 2012 season. Education University of Northern Colorado B.A. in Criminal Justice • Overall GPA: 3.59; GPA in Major: 3.7 • Deans List Fall of 2010- Spring of 2013 • 1 of 12 Students in Criminal Justice to finish with a 3.5 or higher. Platte Valley High School • Overall GPA: 3.75 Skills 2013- Present 2009-2013 2005-2009 I have overcome many obstacles that were presented to me since a very young age. My native language is Spanish and had to overcome language barriers in school. I have worked in laborious jobs since the age of nine but am ready to start a career in the criminal justice field. My biggest strength is adapting to different environments, I learn fast and try my hardest to exceed expectations. EDITH RIOS 2183 351AAvenue Ct. #5, Greeley, CO 80634 •(970)396-4651 •eeac2006@yahoo.com PROFESSIONAL PROFILE Self -motivated, detail -oriented professional who is fluent in English and Spanish, possesses excellent problem -solving and customer service skills; willing to work within a fast -paced environment focusing on excellent client care seeking to secure a position in a law firm that can use a professional with outstanding multitasking skills. EDUCATION Paralegal Certification 07/2012 Institute of Business & Medical Careers Greeley, CO Dean's List I GPA 3.58/4.00 Coursework: Legal Research and Writing, Contract Law, Wills Trusts & Estates, Torts and Insurance Law, Family Law, Computerized Legal Research &Applications, Civil Procedures and Litigation. KEY SKILLS • Ability to use computers including the Internet and Microsoft Office Suite • Keyboarding skills 65-70 WPM • Good written, verbal, and telephone skills • Ability to interact effectively with a wide range of people • Fluent in English and Spanish • Excellent knowledge of general office procedures PROFESSIONAL EXPERIENCE Administrative Assistant 02/2012 — Present Intervention, inc. Greeley, CO • Perform a wide range of administrative and office support activities for the department and/or managers and supervisors. Computer skills and knowledge of relevant software, knowledge of operation of standard office equipment. Knowledge of clerical and administrative procedures and systems such as filing and record keeping. Internship 06/2012 - 07/2012 William L. Crosier Law Office Greeley, CO • Reviewed and drafted motions and other court documents. Used Lexis Nexis and PC Law programs on a regular basis. Typed and photocopied letters, memos, and documents. Filed and organized client paperwork, received calls and customers resolving concerns and complaints; routing inquiries appropriately to the appropriate staff or agency. Operated standard office equipment such as printers, fax machines and copiers. Maintained attorney calendars including meetings and due dates. Tax Professional 12/2010 — 04/2011 H&R Block Evans, CO • Prepared taxes for clients, including communicating via phone, mail, and email when they required assistance or information. Followed established procedures to handle client inquiries and resolved concerns to ensure client satisfaction. Endeavored to have "first call resolution" for our clients, meaning we answered their questions/concerns the first time they call, Used software programs and computer systems to accurately document and track client contacts Leasing Consultant 02/2009 - 03/2010 Gateway Place Apartments/Ross Management Greeley, CO • Established rapport with each prospective resident; provided appropriate information regarding the property as requested, and showed apartments to prospective residents, Maintained and assisted with the preparation of resident information including brochures, flyers, etc., pertaining to apartments for rent, community events, and other materials regarding the property, Assisted prospects in review of lease information in the absence of the Manager Customer Service Representative 06/2008 - 08/2008 Asurion Evans, CO • Handled inbound calls from customers regarding wireless handset insurance claims, electronics repair facilitation or roadside assistance requests from wireless customers, Completed, processed, and maintained applicable paperwork and records, Logged customer calls and attempted to resolve customer issues on the first call without having to transfer callers VOLUNTEER SERVICE Church Treasurer/Youth Secretary Last Harvest Ministries Radio Station Secretary Last Harvest Ministries 11/2005 - 05/2006 Greeley, CO 11/2005 - 05/2006 Greeley, CO Issac D. Rodriguez 142 Hillcrest Dr. Apt#2922 Fort Collins, CO. Cell: (970) 673-2812 E-mail: issacrodriguez49@hotmail.com EDUCATION: • Colorado State University Fort Collins, CO (Dec. 2011): B.A. in Sociology with a concentration in Criminology & Criminal Justice • Relevant coursework: Sociology of Law, Criminology, Law Enforcement and Society, Correctional Organizations QUALIFICATION SKILLS: • Possess strong oral and written communication and interpersonal skills • Able to thrive in a team or individual work environment • Experience working with diverse populations • Proficient in Spanish, reading, writing and speaking • Ability to learn and execute new duties as assigned • Utilize effective communication skills to insure customer satisfaction • Proficient with computers: Microsoft Word, Power Point, Excel WORK EXPERIENCE: Intervention Inc. Greeley, CO 3/2013 -present Case Manager • Detail and explain verbally to the client, the terms and conditions of probation, the client case plan and other relatedinformation to ensure that the client understands his/her responsibilities. • Assess, monitor and collect client fees. Monitor all court ordered fees, fines and restitution. • Perform assessments/reassessments as required Intervention Inc. Greeley, CO 07/2012-03/2013 Case Aid • Ability to enter data into several different computer programs • Adapt to fast paced, high volume and ever changing work environment and be able to handle high stress situations • Effectively communicate in one-on-one and small group situation to clients and other employees of the organization Colorado State University Fort Collins, CO 08/2010-12/2011 Environmental Service Technician • Maintained a clean building while working independently • Communicated information to supervisors and co-workers through radio's • Monitored building to insure safety VOLUNTEER EXPERIENCE: Ft. Collins, Greeley and Denver, CO • Adopt -A -Highway -Organized and assisted with the volunteer service • Triunfo -Aided and supervised students of all ages with their homework • Mentor for the Academic Advancement Center -Mentored and counseled new incoming students at Colorado State University to facilitate their transition into college • Coached youth football in Loveland -Educated the youth on how to develop character, sportsmanship, and teamwork JENNA ROSSMAN jenna.rae.ross@gmail.com 970-310-9536 1036 N. Colorado Ave. • Loveland, CO 80537 OBJECTIVE: To obtain a position working with and helping individuals in the community. EDUCATION Bachelor of Arts, Sociology Emphasis: Social Issues Minor: Psychology University of Northern Colorado (UNC), Greeley, CO Graduation: May 2012 EXPERIENCE Case Manager, Intervention, Inc.920 11th Ave. Greeley, Co. July 2012 - present • Supervise and advise adult probationers. • Monitor progress through regular meetings with probationers. • Maintain records of drug and alcohol testing for each probationer. • Maintain records of groups and classes attended by probationers. • Provide referrals to counseling groups for drug and alcohol treatment. • Prepare Court Orders and review Terms and Condition with new probationers. • Observe the submission of and maintain the chain of custody of urine screens. Deputy Probation Officer, Weld County Probation, Greeley, Co, January 2012 - July 2012 • Supervised and advised adult probationers. • Monitored progress through regular meetings with probationers. • Maintained records of drug and alcohol testing for each probationer. • Maintained records of groups and classes attended by probationers. • Provided referrals to counseling groups for drug and alcohol treatment. • Prepared TOUT's for probationers being transferred to another County. • Review Terms and Condition with new probationers. • Assisted another probation officer in updating information from offenderlink. Victim's Advocate, A Woman's Place, Greeley, CO , November 2011 — February 2012 • Answer crises line phone calls and provide support accordingly. • Provide support to all residential clients. • Perform intakes for new clients as needed. • Maintain staff log. JULIO MENDOZA 1812 7th Ave #2 Greeley, CO 80631 (720) 440 3234, Mendozajulio128@yahoo.com OBJECTIVE Criminal Justice Major seeking to obtain a position in the criminal justice field SKILLS • Bilingual(English-Spanish) • Communication • Organization EDUCATION BACHELOR OF HUMANITIES & SOCIAL SCIENCE; CRIMINAL JUSTICE UNIVERSITY OF NORTHERN COLORADO 12/2012 WORK EXPERIENCE INTERVENTION, INC, Greeley, Co 3/2013 to Present Case Aid • Assist the case managers with help in caseloads/e-mail FTA's and necessary info regarding clients • Conduct UA and BA tests • Assist with help at the front desk COLORADO STATE PUBLIC DEFENDER'S OFFICE, Greeley, CO 8/2012 to Present Internship: Intern Investigator • Investigate misdemeanors and felony cases: Conducted interviews, wrote reports, prepared and served subpoenas and subpoena duces tecums; inventoried and photographed evidence; extensive client contact. Assisted attorneys and investigators with transcriptions and translations of documents and video recordings from Spanish to English. CESAR CHAVEZ CULTURAL CENTER, Greeley, CO 01/2010 to 12/2012 Work Study Student: University of Northern Colorado • Assisted with recruitment, retention and graduation of Latino Students • Assisted in cultural center programing • Maintained excellent customer relations and developed customer rapport VALVERDE ELEMENTARY SCHOOL, Denver, CO 01/2009 to 5/2009 Paraprofessional, Teacher Assistant • Provided assistance to 4th Grade students with low comprehensive skills • Assisted the teacher with activities in class • Supervised students during recess and lunch time COMMUNITY SERVICE • Cleaned highway 34th with UNC Fraternity, Greeley, CO 04/2009 Kristi L. Colbert 1095 Sunrise Cir. Dacono, Colorado 80514 Telephone 720-271-0100 Qualifications • Manage a caseload of around 180 probationers with nearly 200 active cases. • Excellent knowledge of Federal and State laws, regulations and procedures effecting probation, detention and rehabilitation programs. • Experience in writing and issuing warrants and summons. • Frequent interactions with other members of the criminal justice system including but not limited to Judges, District Attorneys, Police Officers, Social Workers, Public Defenders and Treatment Providers. • Effective and appropriate sanctions for offenders to motivate change • Knowledge and experience in monitored sobriety in the form of Urinalyses, Breathalyzers, SCRAM TAD, Sleep -time and Sobrietor. • Conducting appropriate risk assessments for offenders in the form of LSI,, ASUS or SARA. • Experience with Evidence Based Practices and Motivational Interviewing. • Experience in Court Testimony. • Use of Icon to prepare Court Orders, verify court dates and check compliance with Court Orders and enter narratives for each offender. Employment: Intervention 3/2010- Present Probation Case Manager Titan Auto Insurance 4-/2001- 3/2010 Office Manager Education Bachelors of Science, Criminal Justice University of Phoenix, Denver Colorado High School Diploma 2004 Frederick High School, Frederick Colorado 2005- 2009 709 La Cruz Drive Phone 970.618.8545 Ft. Collins, CO 80524 E-mail dsundelnt-Iccs.arg Dionne Grinde Objective • To obtain and excel In the position of Program Director in Weld County for Intervention Community Corrections Services. Work experience September 2009 -present ICCS Greeley, CO Program Director • Oversee the duties of the case manager supervisor and security supervisor • Review referral information from stakeholders for potential placement in the facility • Ensure safety of the facilely, residents, and staff as well as the community at large • Interview and hire new staff members • Assist with the development of Request for Proposals Implement new programs/services that have been awarded while maintaining high standards for existing programs/services • Facilitate weekly Administrative and Staff meetings • Ensure compliance with DCJ Standards • Address emergencies as they arise In a calm collected manner • 24 hour on -call rotation two week periods • Review and approve written correspondence to the courts, Probation, or DOC • Act as Intermediary with stakeholders of ICCS • Develop and present disciplinary actions to clients and staff July 2008-2009 ICCS Greeley, CO Case Manager Supervisor • Supervise both residential and non-residential case managers along with a small caseload • Interview and train new staff • Attend weekly Administrative and Staff meetings. • Complete and check compliance audits of file according to standards • Fill in with Program Director duties when needed • Address emergencies as they arise in a cairn collected manner • 24 hour on -call rotation two week periods • Review and approve written correspondence to the courts, Probation, or DOC • Act as Intermediary with stakeholders of ICCS • Develop and present disciplinary actions to clients and staff August 2007 -July 2008 ICCS Lakewood, CO Case Manager • Supervised a specialized population of offenders including dual diagnosis of substance abuse and mental health and sex offenders • Residential case manager for the Residential Mental Health Services (RMHS) program started in Lakewood Assessed clients upon Intake regarding their risks and needs using SOA-R Documentation of case manager meetings Referred clients to referring agencies to address risks and needs • Maintained both employment and service plans for clients Individually • Written correspondence with the courts, Probation, and DOC liaisons • Completed budgets for employment and maintained this with the client June 2006-October2007 18th Judicial District Littleton, CO Deputy Probation Officer • Supervised a caseload of low risk offenders • Updated Level of Supervision Inventories every 6 months • Maintained chronological notes of meetings and any other correspondence with defendant through ICON/Eclipse • Helped set up the Economic Crimes Una, which specializes In white collar crimes, There were special terms and conditions • Monitored finances for defendants involved with ECU • Written correspondence with the courts for sentence terminations, and complaints, and revocations Education May 2007 Metro State College of Denver Bachelor of Science - Criminal Justice Denver, CO Mark Roberts 1416 W 25`" Street Loveland, CO 80538 Ph: (970) 576-0112 Mark.roberts741@gmail.com Objective: To obtain employment in helping underprivileged, at -risk, and offender populations realize their full potential and to promote self-sufficiency as a means to reducing recidivism. Relevant training: Mental Health First Aid Sex Offender Supervision in Community Corrections Motivational Interviewing Standardized Offender Assessment— Basic and Advanced Courses Relevant experience: Intervention Community Corrections Services, Inc. Security Specialist October 2004— November 2006 Security Shift Lead November 2006 —September 2007 Case Manager September 2007 —September 2009 Case Manager Supervisor September 2009 — Present Worked in a community corrections facility managing various populations of adult felony offenders. As security staff, conducted day to day activities of clients in the facility, including authorizing sign in and out, head counts, urinalysis supervision and orientation. As a shift lead, led a team of approximately ten Security Specialists on swing shift to complete daily tasks of that shift. As a Case Manager, managed a case load of approximately 25-30 residential and non-residential offenders. Assessed for needs in areas of substance abuse, mental health, and stability. Referred clients to area treatment providers to address such needs. Current responsibilities as a Case Manager Supervisor include supervising a team of approximately ten case managers, evaluating performance, assisting in the hiring of new case managers, providing training to case managers on an on going basis, conducting performance audits, and assisting in the in-house disciplinary process. Relevant Education: Aims Community College 2000 — 2003 Associate of Applied Science in Criminal Justice Arapahoe Community College 2004 Certificate in Police Academy 2418 Reservoir Rd #302 720-488-8004 Greeley, Co 80834 ebuenol®msn.com Elisha Bueno Objective To help individuals within the Criminal Justice System. Experience 2008 -Present ICCS Greeley, CO Security Supervisor • Supervise all duties of security specialist. • Oversee the conditions of the facility and place work orders as needed. • Review services audits for compliance with Division of Criminal Justice Standards. • Review clients files to ensure intakes and discharges are completed and accurate. 2005-2008 ICCS Lakewood, CO Security Specialist and Security Shift Lead • Complete Audits for UA's, BA's, Medication, and Staff Verifications. • Completed Facility Head counts and facility inspections. • Preformed UA's, BA's, Property and Room Searches on clients. Education 2004-2005 Ramada Inn Line Cook • Grilled Food to customers order. • Help set up food and banquet room for different events.. Thornton, CO 2001-2004 William Street Center Denver, CO Security Supervisor • Oversee a staff of 10 employees. • Review audits and comply with Division of Criminal Justice Standards. • Train and guide new employees. 2000-2002 Education America College Lakewood, CO • A.S Criminal Justice Degree Mark Roberts 1416 W 25th Street Loveland, CO 80538 Ph: (970) 576 -0112 Mark.roberts741@gmail.com Objective: To obtain employment in helping underprivileged, at -risk, and offender populations realize their full potential and to promote self-sufficiency as a means to reducing recidivism. Relevant training: Relevant experience: Mental Health First Aid Sex Offender Supervision in Community Corrections Motivational Interviewing Standardized Offender Assessment— Basic and Advanced Courses Intervention Community Corrections Services, Inc. Security Specialist October 2004— November 2006 Security Shift Lead November 2006 —September 2007 Case Manager September 2007 —September 2009 Case Manager Supervisor September 2009 — Present Worked in a community corrections facility managing various populations of adult felony offenders. As security staff, conducted day to day activities of clients in the facility, including authorizing sign in and out, head counts, urinalysis supervision and orientation. As a shift lead, led a team of approximately ten Security Specialists on swing shift to complete daily tasks of that shift. As a Case Manager, managed a case load of approximately 25-30 residential and non-residential offenders. Assessed for needs in areas of substance abuse, mental health, and stability. Referred clients to area treatment providers to address such needs. Current responsibilities as a Case Manager Supervisor include supervising a team of approximately ten case managers, evaluating performance, assisting in the hiring of new case managers, providing training to case managers on an on going basis, conducting performance audits, and assisting in the in-house disciplinary process. Relevant Education: Aims Community College 2000 - 2003 Associate of Applied Science in Criminal Justice Arapahoe Community College 2004 Certificate in Police Academy 5045 W 3m Street Road 970-324-1373 Greeley, Colorado 80634 Derise Saltaglan Objective My objective is to obtain employment in the field of Case Management Education 2007-2011 Aims Community College Greeley, Colorado 80634 Associate of Arts In Criminal Justice Dean's List Professional Intervention Community Corrections Services (ICCS) Experience Security Specialist • Maintaining the safety of facility • Supervision of breathalyzer and urine analysis tests • Sign residents in and out of the facility • Conduct phone monitoring of residents • Document any change in location of residents • Prepare disciplinary and incident reports • Stepping in as senior staff to lead co-workers with certain tasks Residential Treatment Center (The Villa) Greeley, Colorado Security -Case Management • Monitoring and coordinating schedules • Maintaining accurate documentation of inmate activities • Accurately writing and enforcing write ups as needed • Monthly statistical reports regarding inmates • Punctual with file managing Island Grove Regional 'treatment Center Greeley, Colorado Detoxification Specialist • Appointment and billing scheduling • Monitoring multiple clients under the influence of drugs and/or alcohol • Providing a safe and appropriate place to detoxify • Supervision of breathalyzer and urine analysis tests • Consistent evaluation of mental and physical stability • Refer to further Drug/Alcohol treatment • Meet with clients on a need basis for counseling and advice 3750 W 24th St., Apt. 9-104. • Greeley, CO 80634 (970) 576-2894• pntne6779@heats.unco.edu PATRICK GOMEZ JR. OBJECTIVE Obtain a position that will enable me to put my Criminal Justice degree to use, to help people .through the criminal justice process, and to ultimately give me the experience necessary to pursue my goal of becoming a SWAT officer. $I)IJCATION University of Northern Colorado 501 20th Street Greeley, CO 80639 (970) 351-1890 WORK EXPERIENCE B.A. tn Criminal Justice Graduation date: 05/11/2013 G.P.A. 2.59 Match 2013 -Present Intervention Community Corrections Services Greeley, CO, Security Specialist 1 Work front desk, check residential clients in and out of the facility, check in non-residential clients 2 Perform head counts of residential clients, conduct person and room searches 3 Fill out incident reports and proper paperwork for different situations 4 Administer BA's and UA's 5 Transport residents to and from appointments 6 Other various tasks as the need arises August 2012 -December 2012 Milliken Police Department Milliken, CO Police Officer Intern 1 Work front desk and answered calls from citizens 2 Data Entry 3 Inform Officers of civil issues 4 Sort out cases in order 5 Accompany Commander on "ridealongs" for patrol and response to calls March 2011 -August 2011 Package Handler PedEx Ground Johnstown, CO 1 Unload and load trailers 2 Prepare packages for delivery 3 Inspect packages to ensure proper delivery 4 Load IC's August 2009 -May 2010 University of Northern Colorado Athletic Department Greeley, CO Event Staff 1 Set up and tear down gymnasium/stadium for games 2 Sell and check ticketsduring games 3 Parking lot patrol 4 Assist coaches and trainers with various tasks Uhriaha Aguilar 754 Marigold Janc Fort Collins, CO 80526 1970-682-8681 I uhriaha.aguilar@gmafficom Education History Bachelor's Degree in Human Services from University of Phoenix scheduled to graduate in July 2014 Associate Degree in Business from University of Phoenix graduated in 2011 High School Diploma from Kelly Walsh High School in 2004 Employment History Security Specialist August 2012- Current Intervention Community Corrections in Greeley, CO • Enforcement of policies/rules/regulation, disciplinary actions, and processing of grievances • Report writing and submission; Data entry; Deposit handling; Meal and Chore assignment and monitoring • Check-in/Check-out; Inmate monitoring onsite and in the community; Legal documentation • UA/Breathalyzer Testing; Pat searches; Facility and room searches; Headcounts; Participation in escape apprehension activities • Disbursement and monitoring of medication Owner June 2010- April 2012 The Phone Guy In Fort Collins„ CO • Customization and Programming of Android and iPhone operating systems • Buying, selling, repairs, and unlocking of mobile devices Security Specialist November 2009 -May 2010 Intervention Community Corrections in Greeley, CO • Enforcement of policies/rules/regulation, disciplinary actions, and processing of grievances • Report writing and submission; Data entry; Deposit handling; Meal and Chore assignment and monitoring • Check-in/Check-out; Inmate monitoring onsite and in the community; Legal documentation • UA/Breathalyzer Testing; Pat searches; Facility and room searches; Headcounts; Participation in escape apprehension activities • Disbursement and monitoring of medication Security Officer October 2008- September 2009 Valor Security Services for Foothills Mall in Fort Collins, CO Accomplishment: I was awarded a commendation for apprehending a series of theft occurrences resulting in arrests saving a mall store thousands of dollars, • Report writing and submission • Interior and exterior patrol of mall property • Execute security services as outlined in site -specific Post orders and directed by Security Management • Observe and report suspicious activities and persons • Write detailed narrative reports and maintain daily activity reports (DARE) • Enforce rules, regulations, policies, procedures, and respond to emergency situations requiring security assistance Continued on Next Page Youth Worker Supervisor Regional Juvenile Detention Center in Casper, WY • Supervision of up to 9 staff members • Training and Development of staff October 2007.October 2008 • Enforcement of policies/rules/regulation, disciplinary actions, and processing of grievances • Report writing and submission; Data entry; Deposit handling; Meal and Chore assignment and monitoring • Check-in/Check-out; Inmate monitoring onsite and in the community; Legal documentation • UA/Breathalyzer Testing; Pat searches; Facility and room searches; Headcounts; Participation in escape apprehension activities • Disbursement and monitoring of medication • Provided advice to individual juvenile residents on personal problems they encounter while in the facility such as peer pressure, adapting to the sturoundings, and so forth by presenting a positive role model and using common sense to relieve tension and prevent additional problems. Certifications • Search and Seizure Procedures • Breathalyzer Analysis • Incident Report Writing • CPI De-escalation References Tyler Velasquez (Family Friend) (970) 391-3468 Trevor Alldredge (Co-worker) (801) 657-2144 • Primary Restraint Technique (PRT) • CPR, First Aid • Mechanical Restraints Mike Dewitt (Co-worker) (970) 388-0465 Rands Lucero (Supervisor) (970)673-5304 DENNIS M. OSCKEL 4551 P 127th Place pikewyoQyahoo.corn Thornton, CO 80241 (C) 303-912-6636 Objective: To utili>e the skills and expertise acquired through Intervention to further my career aspirations in directing, planning and supervision within the criminal justice industry. Experience: July 1, 2007 — Present— Intervention Inc. Program Manager • Responsible for the on going operations of Intervention Offices in the 17th Judicial District. • Work directly with District Attorneys, Public Defenders, Defense Attorneys, Court Clerks, Probation Officers and other entities who utilize services in the 17th Judicial District • Attend Court hearings and provide testimony during the revocation procedure. • Develop and implement new programs to encompass new technologies such as GPS, Sleeptime, and TAD. • Participate in meetings held with Customers in the 17th Judicial District. • Hire new staff members. • Complete employee evaluations and disciplinary action plans. • Facilitate staff meetings and provide guidance to all Staff Members. • Assist Broomfield County Court and Detention Center in the implementation of a Pretrial Program. • Provide monthly statistical information to Executive Director and Operations Administrator. • Develop and implement the use of the Urine Screen Database. • Provide technology and useful public service training to new employees throughout company. Responsible for the financial obligation of all office in the 17th Judicial District. July 1, 2005 — June 30, 2007 — Intervention Inc. Senior Case Manager/Assistant Program Manager • Manage the day-to-day operations of the Jefferson County Intervention office and assist Program Manager with operations in Arapahoe County. • Work directly with District Attorneys, Public Defenders, Defense Attorneys, Court Clerks, Probation Officers and other entities who utilize services from the Jefferson County Office. • Attend Court hearings and provide testimony during the revocation procedure. Assist Program Manager develop and implement new programs to encompass new technologies such as GPS, Sleeptime, and SCRAM. • Participate in meetings held with Jefferson County Customers. • Assist, facilitate staff meetings and provide guidance to all Staff Members, including Case Managers. • Assist Program Manager in completion of Employee Evaluations • Assist Program Manager hiring new staff members. • Review, modify (if necessary) and distribute Pre -sentence Investigation Reports. • Supervise a caseload of adult offenders sentenced to probation. • Provide monthly statistical information to Executive Director and Program Manager. • Responsible for providing monthly revenue information to Program Manager. • Assist with the maintenance of Urine Screen Database. • Provide technology training to new employees throughout company. • Assist Program Manager with financial obligations of the office. January 1, 2001 — June 30, 2005 BI Inc. Senior Case Manager/ Supervisor of Case Managers (Promoted September 11, 2004) • Assist the Program Manager in the day-to-day activities of the Golden Intervention office. • Track collections rates and provide monthly reports to the Program Manager. • Manage all In Home Detention equipment inventory and ordering. • Assist case managers with all Electronic Home Monitoring questions and problems. • Supervise the Electronic Home Monitoring Program and report status to the Program Manager. • Report violations such as alcohol usage, unaccountable time and new law violations to proper judicial offices as well as attend their revocation hearings. June 5, 2000 - December 31, 2000 Intervention Inc. Corrections Specialist • Managed a caseload of adult offenders using Electronic Home Monitoring Devices. • Obtained skills in writing Revocations and Warrant Requests. • Acquired knowledge of courtroom procedure. • Administered Breathalyzers, Urine Analysis, and Antabuse. • Improved skills for the collection of money from current clients. Trainings: • Intermediate Sanctions, • How to Deal with Difficult People, • GPS Training, • Colors Training, • TAD, • Victim Rights Training, • Cognitive Restructuring, • Delegation Training, • Program Manager Financial Training, • Communication and Effective Working Relations , • Excelling as a First Time Supervisor, • Motivational Interviewing, • Cultural Diversity, and • Boundaries Training. I have also attended trainings through Probation Department. In 2008, I attended the Probation Management Report Training. In this training, I learned how to detected ICON date entry errors, proper codes to enter in the event screen as well as how to run statistical reports for Private Probation Education: 1996-2000 University of Wyoming Laramie, Wyoming • Obtained a B.A. in Criminal Justice with minors in Spanish and Public Law on May 13, 2000. Member of Interfraternal Council, CJ Club, and Movimiento Estudiantil Chicano de Aztlan (MECHA). References - Professional: • Jim Greco • Julie Stransky • Mary Romel • Bruce Rumsey • Carin Ciocchetti Vice President of Operations, Intervention, Inc Operations Administrator, Intervention Inc Program Manager, Intervention, Inc Director, National Institute for Change Probation Officer, Jefferson County 303-809-9066 720-289-8477 303-547-7603 303-231-0090 720-327-1945 Hector Manuel Rodriguez 303-525-3089 • hectorrodriguez5552@gmail.com Mission To attain a job that will further help me better my skills and growth within a company that is willing to help achieve my goals. Education 2011 - Abraham Lincoln High School - Received Diploma. Present Day - Community College Of Denver • Working on Prerequisites o Major: Criminal Justice o Minor: Business Work Experience 09/2013 - Present Servisair, Denver International Airport Duties include but are not limited to: • Ramp Agent • Customer Service • "Bag Boy" • Ticket Counter Associate 11/2012 - 08/2013 Walmart • Meat Associate • Meat Stocker • Organizer • Customer Service Skills • Bilingual - English and Spanish • Punctual • Work well with diversity • Fast Learner • Self -Motivated • Proficient Computer Skills in Microsoft Word, Apple, Gemini Scanner Karina Franco 16323 E 104th Way Commerce City, CO 80022 720-987-0009 karina-yvette@live.com Objective To obtain a challenging and rewarding position assisting offenders in trying to prevent future criminal acts by using the knowledge gained in Motivational Interviewing, other attended training and my internship experience. To help guide offenders down a better road by using my experiences with juveniles and adults, along with learned education in Criminal Justice to reduce the rate of recidivism. Skill Sets Communication • Communicate effectively with staff, juveniles and juvenile's family • Management skills from being a manager at job • Bilingual and bicultural (Spanish) • Able to work with a diverse population. Both ethnic and age • Patient and objective Administration/ Writing • Proficient in Microsoft Office and PowerPoint • Effective documentation skills • Able to research and write clear reports Criminal justice/ Probation skills /Case management skills • Experience in supervising gang and Spanish speaking case load • Thorough knowledge of the Juvenile Judicial System and some of the adult • Case management and supervision skills • Experience in supervising Alcohol related offenses and Domestic Violence Offenses • Monitoring client progress • Preparing written reports • Knowledge of In Home Detention, Sleep Time, GPS, and Transdermal Alcohol Monitoring (TAD) Education 2008 to March 24, 2012 Colorado Technical University Westminster, CO On Deans list every year since started. Graduated with a 3.62 GPA and with a Bachelor's degree in Criminal Justice Certificates Certificate of training in Juvenile Delinquency and Victim Services Volunteer experience March 2011- September 2012 Boulder County Probation Department Longmont, CO Probation officer/Intern * Meeting with the juveniles and going over case plans, assisting the juveniles create case plans according to their conditions and risk level * Administering Urine Analysis's and making sure the results are entered in Eclipse * Experience in data entry in Eclipse, Social Solutions, Triwest, and Sentry * Experience and knowledge in writing a PSI (Pre -investigation report) * Ability to conduct intake interviews, case management, assessments and case planning with Offenders in both Spanish and English * Experience in supervising a handful of minimum risk Juveniles from start to finish. Including writing motions, warrants and complaints when needed. Also writing referrals to Teen Programs and BEST (Boulder Enhancement Supervision Program) when needed. Administering assessments such as CYO-LSI, ASUS and CJRA (Colorado Juvenile Risk Assessment) and terming the cases * Knowledge of restorative justice and basic motivational interviewing skills * Attended a mini training by Center for Change * Experience in doing school visits and attending a court hearing * Assisting with creating and putting together a power point presentation in Spanish for the Spanish speaking parents and also assisting in presenting it Related experience June 18-27 2012 Justice High School Lafayette, CO Assisted in teaching a two week summer school Leadership class to Juveniles through the REAL program Work Experience 2007 to 2012 Hammer Time Pizza Frederick, CO Manager/ Insider * Responsible for overall store operations and managing all staff members * Availability to be able to work as needed. Frequent shifts of 10.5 hours * Provided training to new employees * Made pizzas, took orders, and worked register * Received frequent and significant positive feedback from bosses and customers for performance 2012 to Present Intervention Inc. Westminster, CO Case Manager/Technology Case Manager * Supervising a caseload of Alcohol related offences and Domestic Violence offenses and ensuring that they are complying with their terms of probation * Experience in supervising a caseload of minimum and medium risk Adult offenders from start to finish. Including writing motions, warrants and complaints when needed. * Meeting with assigned offenders on a monthly basis or however needed based on offenders compliance * Completing case plans with offenders, completing the LSI assessment in both English and Spanish * Experience writing referrals to agencies based on offenders needs when needed * Contact with agencies where offenders attend. Receiving progress reports and making recommendations when needed. * Administering and monitoring Urine Analysis's and entering result in ICON when needed * Experience in data entry in ICON, CITRIX, BI Total Access, and Sentry * Completed Motivational Interviewing training, How to Deal with Difficult People training, and Games Offenders Play training * Conducting In Home Detention intakes in both English and Spanish. Putting monitor on offender and monitoring offender on BI Total Access Website to monitor compliance. Taking monitor off at end of sentence, * Conducting Useful Public Service intakes, referring clients to an agency where they can complete their hours Stacey Turner Thornton, CO • P: 303-718-712z • E: stacey.turnera@yahoo.com OBJECTIVE To obtain an entry level career where my education combined with previous customer service experience proves to be an asset to the team and clients I work with. PRIOR WORK HISTORY 01/2014 -Present: Intervention Inc. - Westminster, CO Administrative Specialist • Answer all phone calls in a timely manner and transfer the call or assist the individual • Check in clients/visitors or staff that enter the premises. • Enter and Track client's information in the database. • Collect money for services such as BA's MA's, Community Service as well as supervision fees for case managers. • Assist the Technology Case Manager with Downloads. • Sort and Distribute daily mail and faxes. • Maintain office equipment printers, fax machine copier, add postage to machine as well as order office supplies monthly. 12/2012-01/2014: Intervention Inc. - Westminster, CO LTA Technician • Conduct and Monitor Drug Testing (Urine Screens) • Manage and maintain Records • Maintain high standards of ethical and professional conduct and adheres to Agency policies and procedures • Daily contact with offenders, probation officers, parole officers, and the public 01/2009 - 01/2013: Jefferson County School District - Arvada, CO Sub Custodian • Clean and sanitize rooms using established practices and procedures • Assist with the setup of facilities for meetings, classrooms, conferences, etc. • Lock and unlock assigned rooms and buildings • Contributed to a positive work environment 09/2008 — 01/2009 JC Penny - Westminster, CO Sales Associate • Provided customers with a high level of superior customer service • Create an atmosphere within the store that is conducive to a pleasant shopping environment • Stock and rotate inventory ensuring items were available in a variety of different sizes • Cashier/Money Handling - ensure money transactions were completed accurately 09/2007-09/2008 Sears - Westminster, CO Sales Associate • Demonstrated outstanding customer service • Processed and finalized customer transactions • Assisted with resolving customer questions or concerns • Maintained a clean, organized, and safe working environment EDUCATION College: Everest College - Thornton, CO Degree: Associate of Applied Science in Criminal Justice Graduation Date: January 2012 RELEVANT COURSEWORK • Introduction to Corrections • Basic Critical Thinking • Introduction to Victims Advocacy • Criminal Investigations • Criminology • Policing in America • Introduction to Forensics • Introduction to Interviews & Interrogations • Criminal Procedure & The Constitution • Introduction to Criminal Justice • Criminal Evidence • Introduction to Terrorism Criminal Justice Communications General Psychology & Sociology REFERENCES AVAILABLE UPON REQUEST Shawana Green 6980 Stuart Street, Apt. 2-208 Westminster, Co 80030 720-879-7129 greensm82@gmail.com Objective To use the skills I have learned working at Intervention Community Collections Services In the Out -Client Services department to advance within the company and continue to .gain aperient.) within the community corrections field. Education Adams State College, Alamosa, Co May 2005 Bachelor of Arts in Sociology, Emphases in Criminology and General Sociology Courses include: • Social Welfare Policies • Criminal Justice • Criminology • Correctional Systems • Forensic Psychology Intervention Community Corrections Services (ICCS) Out -Client Services Supervisor, DRC Case Manager December 2011 -Present • Supervise two Out -Client Managers as well as ten UA Technicians at two facilities (ICCS Kendall and Remington Building) • Process billing reports for Out -Clients on a monthly basis • Deposit payments from the Remington Building throughout the month • Attend Jefferson County Recovery Court weekly as a liaison for ICCS • Manage payroll and leave requests for the staff members under my supervision • Monitor and adjust the monthly color line as needed • Create weekly schedules for the UA Technicians at ICCS Kendall as well as monthly schedules for the UA Technicians at the Remington Building • Conduct monthly staff meetings for ICCS Kendall staff as well as bi-weekly meetings with staff at the Remington Building • Schedule trainings for staff to attend throughout the year • Conduct interviews, hire, and train new Out -Client Services staff • Provide Case Management services for Day Reporting Clients Intervention Community Corrections Services (ICCS) Out -Client Services Manager/ISP and DEC Case Manager November 2005 -December 2011 • Monitor PassPoint, urinalysis, breathalyzers, and Antabuse for clients • Accept and process all Out -Client referrals and vouchers • Report alcohol and drug testing results and reports to various agencies (Probation, courts, treatment agencies) • Monitor Out -Client and Residential Sleeptime and TAD compliance • Develop positive relations and maintain communication with the various referring agencies and assist them with all questions and concerns • Maintain an inventory of all UA supplies for Forensic and Norchem Laboratories; and Sleeptime and TAD units • Assist other Out -Client services staff when client issues arise in the absence of the immediate supervisor • Write and report documentations as needed regarding non-compliance, positive breathalyzers, and client behavior • Maintain an organized system for paperwork collection and distribution • Assist in the interview process for new Security and Out -Client Technician hires, as well in the training of the new hires • Monitor clients referred for ISP-inmate program and DRC services as well as conduct regular case management meetings with client assigned to me • Attend Jefferson County Recovery Court as needed and liaison with the JCRC team and ICCS on a regular basis • Assist with monthly Out -Client billing Allied -Barton Security Services Security Officer June 2005 -November 2005 • Monitor CCTVs • Monitor and manage controlled building access • Write daily reports • Respond to building alarms: fire alarms, severe weather warnings Alamosa County Department of Social Services Internship with Fraud Investigator January 2004 -May 2004 • Assisted with the investigation of suspected false identity and documents • Conducted property title searches • Conducted field and in -office interviews of witnesses and interrogation of suspects • Compiled necessary documentations for Administrative Hearings • Attended County and District Court proceedings as well as Administrative Hearings bttfel Training.. • Certified in CPR and First Aid, 2011 • QMAP qualified — Qualified Medication Administration Person, 2008 • SOA-R certificate October 2011 Rotat% tees • Available upon request Ashlea Elayne Neal 957 S Miller Way Lakewood, CO. 80226 Phone: 303 886-2021 As h l e a. n e a t Ov a h o o. c o m Objective: To obtain an Administrative Assistant Position at Intervention Community Corrections Services. Education: Florida Metropolitan University Bachelor of Science in Criminal Justice 2003 - A work in progress Parks College Associates of Applied Science in Criminal Justice Graduated 07/2003 Experience: Intervention Community Corrections Services: 02/2008 -present — Out Client Services Manager: Working with various agencies to help monitor clients on the ICCS color line. Processing referrals and monitoring compliance of the clients on the ICCS color line. Maintaining a positive relationship with various agencies through verbal and written communications. Delegating duties to Out Client Technicians. Supervising a caseload of ISP clients. 05/2006-0212008 - Security Specialist: Provided monitoring and supervision to residential and non residential, and out clients. Helped ensure residents did not pose a safety risk to the program or the community. Signed residents in and out of the facility, Conducted residential daily head counts. Conducted 1'4 and 2nd hours for residents. Enforced ICCS rules and regulations. Monitored medications, urinalysis tests, breathalyzer tests, Passpoint tests, and property and room searches. Processed and completed escape paperwork. Helped maintain the overall organization of the security offices. 8/2003-03/2009 - Good Shepherd Communities: Community Support Specialist: Responsible for training and assisting developmentally disabled individuals served and supported in various aspects of activities of daily living, while ensuring compliance with regulatory requirements and agency polices and procedures. Also responsible for the health, safety, and emotional support of the individuals being served. This position actively supports people to choose and achieve the highest quality of life. 05/2002.07/2003 - Parks College Administrative Assistant Assisted the Support Coordinator with various projects which Included mailing notices, attendance violations, fundraisers, updating and designing resource boards, updating and finding community resources. I also assisted the financial aid staff, the medical staff, and occasionally the registrar doing multiple clerical duties. 07/2001-03/2002 Limited Too Inc Assistant Manager. Multiple duties which Included but were not limited to: enforcing and ensuring company policies and procedures, payroll, audit, monitoring sales performances, monitoring store employees, training new employees, credit card applications, implementing diagrams by set deadlines, closing and opening the store, inventory/loss prevention, and scheduling. Personal: I am productive reliable, responsible, and a self starter. Christopher Nandrea 7429 West 74th Avenue Arvada, CO. 80003 Phone: (303) 940-1034 CP11: (303) 620-6655 Email: Pedric@gmail.com Objective Obtaining a job in which I can further utilize my talents while obtaining more skills and working experience. Education Attended Red Rocks Community College • Lakewood, Colorado • Major Computer Science, Associate of Applied Science G.E.D • Warren Tech, Career and Technical High School Attended Olathe North High School • Olathe, Kansas • Enrolled in the Quest advanced placement programming • Placed in advanced classes Skills General Computer Skills • Familiar with Windows XP and Windows 7 • Skilled typist: —85 WPM • Adept at installing and replacing hardware C++ Programming Experience • Courses taken in high school and college • Some self -training utilizing C++ For Programmers (Deitel & Deitel, 2010) Employment Out Client Services Manager — Intervention Community Correction Services, Lakewood, CO February 2012- Present Out Client Technician, Intervention Community Correction Services, Lakewood, Colorado, January 2008 — January 2012 Ramp Worker, United Parcel Service, Commerce City, Colorado, Derember 2006 - December 2006 Steven Silverman 1641 Vine St. Apt. 5 720-969-0111 Denver, Co. 80206 SSteven1480@Gmail.com Objective A position with a progressive and exciting organization, where I can utilize my customer service skills as my education that I have obtained, and skills to achieve both personal growth and facility objectives. Also to be able to use my strong work ethic to become successful, as well as a contributing asset to the agency. Skills Cutomer Service, General office skills; fax machine, copier, filing, Computer literature; Microsoft word, excel, and power point Education May 2008- May 2010 Awards: • Perfect Attendance • Dean's List • Presidents List • 3.52 GPA Professional Job Employment Everest College Associate in Applied Science of Criminal Justice ICCS OutClient Technician Customer Service Distribute breathlzers Moniter urinlysis Moniter antabuse Moniter Scram Units Paperwork Room Searches Intake & Outtake of Residents Collecting payments Everest College Federal Work Study • Faxing, copying, grading • Reorganizing student files • Student schedules, fund raised • Duties as assigned • Stocked shelves, organized inventory • Developed photos, worked register • Provided Excellent Customer Service • Bagged groceries, made store displays • Customer Service Voluntary Experience Rainbow Alley Youth Center Volunteer Staff Entered Dailey Computer Census Organized inventory, a part of teen support group Fundraised, was a member of Anti -Smoking Club References upon request Cheryl Bunts 2351 Bowen Street Longmont, CO 80501 303-776-1537 OBJECTIVE: Pursuing a position of increased responsibility and merit 1 am looking for an oppomnity to utilize both my leadership sld➢s and hands on experience to benefit the company. EDUCATION: Bachelor of Arts - Psychology, Adams State College May 2000 Bachelor of Arts - Sociology, Adams State College May 2000 Minor - Criminal Justice, Adams State College May 2000 WORK EXPERIENCE: July 2005- Present , Intervention- Program Manager 20° Judicial District Boulder, CO April 2005- July 2005 Quantum Financial- Legal Assistant Boulder, CO November 2000 — December 2004 Bl/ntervention -Lead Case Manager/ Day Reporting Case Manager Boulder, CO RELATED EXPERIENCE: MANAGEMENT • Supervises team of ten employees,across screensoandu ces • Supervise monitoring program testing, etc) as requested by intervention wgram monitoring customers and clients. • Supervised the employees that worked on the Day Reporting Program including the MOD/ROC Program, state probation, Boulder County Ian, and Community Justice Services. • Represent intervention in regular Court Appearances in Boulder District and County Courts • Provide on the job training for new hires including hands on training of numerous individuals • Compile compliance reports and correspondences for use by the Boulder County Jail, Boulder District and County Courts. • Conducts an internal audits of programs on a regular basis. • Contacts public officials, counselors and community agencies to verify and gather pertinent information • Reviews all reports submitted to the Courts, probation violations and terminations. • Maintain working relationships with different customers on behalf of Intervention. ORCANIZATION/COORDINATION • Work one on one with customers' environment to help eliminate problems occurring in the day to day operations. • Perform all billing procedures in conjunction with Boulder Probation Department for client monitoring services. • Market intervention services to both the District Attorneys Office and the criminal Justice community. • Developed and implemented file organization for monitoring services- Developed and implemented procedures for the Day Reporting Program to ensure It met all guidelines for the given contracts. COMPUTER SKILLS: • Proficient in the following programs: MS Are ee, Accubax, ICON , EXCEL, Guardwate, MS Word, NCIC, and Outlook. • Can type 40 words per a minute Rachelle Roark MOBILE: (720) 938-5691 EMAIL: roarkra22@vahoo.com ADDRESS: 415 76 St. Mead, CO 80542 EDUCATION: ADAMS STATE COLLEGE Alamosa, CO Bachelor of Arts in Sociology with an emphasis in Criminology Minor: EPLS Coaching Graduation Date: May 2000 EMPLOYMENT: 8/00 — present Intervention Senior Case Manager Longmont, CO 8/99 — 5/2000 12th Judicial District Probation Department Alamosa, CO Internship Organized information for PSI reports • Operated ICON computer system • Observed juvenile and adult court hearings • Monitored compliance with alcohol treatment/ education classes in the ADDS department. COMPLETED TRAINING: DATE: LSI/SARA SOA-R Advance Course Testifying Skills Training Intermediate Sanctions EI-IM/Sleeptime/TAD Technology 2007-13 Domestic Violence and Protection Orders 2006, 2011 Skills for Effective Supervision 2008 Communication & Effective Working Relations 2008 Coaching Skills for Managers 2009 Principles of Case Management 2009 Working with Mentally Ill Offenders 2009 Assessment/Audit training 2010 Mental Health First Aid 2012 Multi -disciplinary Treatment Teams 2010, 2013 MSEC Legal Issues in Managing Employees 2013 2001 - 09 2008 2008 2008-09 Victim Services Culture Diversity Domestic Violence Summit Meth Training CCIC Certification ICON Daily Reporting Center Beginning Self Defense Understanding Street Drugs Restorative Justice ADAD Web Training Evidence -Based Practices Motivational Interviewing Sentry Training Strategic Planning 2001-2013 2008 2005, 06 2006 2004-14 2003-06 2003 2003 2008 2008,2012 2009 2010 2010 2012 2013,2014 REPRESENTATIVE SKILLS: Assist and/or contributes in the planning, development, implementation, monitoring, and supervision of Intervention programs, services and a employee team of ten Case Managers and six Case Aides, across two offices. Assists in ongoing employee performance evaluations, audits, and training. • Assist the Program Manager with financial processes and procedures. Assist the Program Manager in assuring that programs are functioning in a manner that satisfies contractual obligations. Assist in on call duties and/or caseload coverage for Case Mangers and technology. Supervises clients to assess attitudes towards the offense, monitor personal and social adjustment, and determine the needs of the offenders. Contacts public officials, counselors and community agencies to verify and gather pertinent information. Prepares reports for non-compliance, probation violations, and terminations. Testifies in court as needed. Makes recommendations to the courts regarding dispositional decisions Maintains case records, prepare case plans and counsel offenders to aid in decision making. • Monitors UA's, BAC's, Antabuse and treatment recommendations. Processes NCIC background reports. Rachelle Roark MOBILE: (720) 938-5691 EMAIL: roarkra22@vahoo.com ADDRESS: 415 7`I St. Mead, CO 80542 REFERENCES: 1. Program Manager 2. Adult Probation Supervisor Cheryl Burns 5600 Arapahoe Ave. Suite 100 Boulder, CO 80303 Cell: 303-328-8881, Work: 303-544-1840 Walt Czapran 20th Judicial District Probation Department 303-441-4981 3. Management Consultant Nicole Grine Accenture 1400 16th Street Denver, CO 80202 720-255-5836 4. Administrative Specialist Jack Hubbard 20th Judicial District Probation Department 303-441-3716 Jocelyn Kransky 5000 Butte #264, Boulder CO 80301 Home: 720-771-7358 Cell: 720-771-7358 : astrid28@juno.com Objective Dedicated and focused Manager who excels at prioritizing, completing multiple tasks simultaneously and following through to achieve project goals. Seeking to obtain a position that will allow me to utilize my skills and has potential for growth in the Criminal Justice Department Highlights State and federal legal knowledge Mental health disorders knowledge Time management MS Office proficiency Problem solving Attention to detail Accomplishments Customer Interface • Received 'Outstanding Customer Service' award. Education Associate of Arty General, 2013 Front Range Community CoUege — Westminster, CO, USA I have one class needed to complete my degree, which is scheduled to be taken during the Summer 2013 semester. My classes have been focused in Criminal Justice and Psychology. • Current CPA of 3.0 Continuing education in Criminal Justice Coursework in Sociology and Psychology Coursework in Communications, Criminal Law and Public Administration Coursework in Deviance in Society Experience Assistant Manager June 2011 to January 2011 Dollar Tree — Boulder, CO I was responsible for many daily duties that required organization, accuracy, and multitasking. I opened and closed the store, counted out and balanced the tills and the safe, handled daily banking o deposits and orders, placed and received orders, filed daily financial reports while communicating with out state senior management, handled customer and employ issues and relations, and worked the floor. • Successfully managed the activities of six team members• knowledge of company's • Improved service quality and increased sales by developing a strong products and services. and updates to senior management • Provided detailed weekly reports Assisted in schedule writing. Addressed negative customer feedback immediately. Resolved customer questions, issues and complaints. Customer Service Representative and Department Filler June 2004 to August 2006 King Soopers — Boulder, CO I worked as a senior OP at the customer service desk utilizing fast paced and accurate, multitasking and organization skills. I managed up to three team members at a time, while handling technical issues, and customer needs ranging from simple to highly involved and complex undertakings. I also filled in for several department and management needs including Home Shop, delivery's, Bakery/Cake Decorator, Cashier, special requests, and others. I was often overlapped in two departments at once, completing the work for both. • Maintained up-to-date knowledge of store policies regarding payments, returns and exchanges. • Prevented store losses using awareness, attention to detail and integrity, as well as aiding security upon request. • Trained five new employees quarterly. • Developed highly empathetic client relationships and earned recognition for customer service quality. • Cross -trained and provided back-up for other customer service representatives when needed. • Accurately logged all daily shipping and receiving orders. • Manged cash stock and inventory balances accurately. • Preformed store opening duties, including cash drawers and checking all equipment for proper functioning. References Mania McPherson Celestial Seasonings Night Production Manager 303-245-0082 ES Squires Lincoln Academy Science Teacher 404-409-5966 erin.squires@stlucieschools.org J'aerin Thomas IT Tee Support 720-205-3586 infinyte@hotmail.com Employment History: Counseling Services of Longmont 2011-2012 EI Taqulto Mexican Place 2009-2011 Internshio Experience: Colorado Health Occupation Students of America Colorado State Executive President 2011.2012 Colorado Vice President of Services 2010-2011 Volunteer Experience Boulder County AIDS Project 2012— Present Applicable Skills: al -Lingual: English -Spanish Microsoft Office: i.e. word, excel, publisher, etc. Reputable Customer Service Skills. Standard Office Punct[ons: faxes, emalls, calls, etc. Communication/ Presentation Experience Great Work Ethic Efficient Project Management Skills Taking Initiative Being Responsible for assigned tasks Detail Attentive Education: Colorado Technical University Front Range Community College Odyssey Training Center Niwot High School Scientific Education Research Foundation 2008 pro er a ssi ng, E d u cation: BA Criminal Justice: Forensic Investigation CAC I Certified Addiction Counseling 2012 -Present 2010-2012 2012 -Present 2006-2010 PERSONAL MISSION STATEMENT: I am dedicated to myself and my pursuit to building a reputable career. I embrace teamwork and strong work ethic as the foundation of any successful partnership. I believe that hard work, perseverance, and patience with every situation at hand will only be a benefactor to myself and my team. -A. Chacen References: (more can be provided if needed.) Yolanda Cavazos -Pond MA CAC III I Counseling Services of Longmont Director 303.772.3853 ycavazospond@gmail.com Crlsteia Soto ( Jefferson County Pretrial Case Manager 720.474.1151 crlssy93@comcast.net Aurelio Chacon 303.999 5033 achacon.csol@gmail.com 1820 Juniper Street Longmont, Ryan Muse 4990 Osage Drive #C-4, Boulder, Colorado 80303 Ryan.Muse®colorado.edu 303-918-4139 WORK HISTORY 2011-2013 Operations, University of Colorado Boulder, Colorado • Reviewed, sorted, and organized electronic admission documents before sending them to the correct department • identified duplicate student entries and purged duplicate files • Matched student identities with admission documents submitted without cleat identification 2008-2011 Administrative Technician, Colorado Mountain College Glenwood Springs, Colorado • Entered and managed data for applications, registration, and class enrollment • Processed payments • Generated reports and maintained an electronic calendar • Explained financial aid to students and parents ADMINISTRATIVE SKILLS • Microsoft Office: Word, Excel, PowerPoint, Outlook, and Publisher • Typing: 40 wpm • Proficient with several company software programs • Maintaining a large discretionary budget • Bookkeeping for the Green Works Scholarship and the Sustainability Committee • Event planning • Public speaking • Excellent customer service • Flexible and dependable EDUCATION University of Colorado, Boulder, Colorado Bachelor of Arts: Political Science, May 2013 GPA: 3.3 Colorado Mountain College, Glenwood Springs, Colorado Associate of Arts, December 2009 GPA: 3.86 VOLUNTEER WORK 2010 -Present Creator and Co -Chair, Green Works: Green for Green Scholarship This scholarship rewards students who complete a sustainable project that positively affects Colorado Mountain College and its surrounding community. • Writing petitions to local donors for funding • Creating and modifying the application and guidelines • Promoting the scholarship to local students • Evaluating projects and awarding scholarships 2010-2011 Kee Chair, Town of New Castle Climate Action Advisory Commission (CAAC) The CAAC is a part of the Town of New Castle's town council, and its goal is to reduce the town's negative environmental impact through policies and procedures. • Took minutes and performed duties of chairperson when she was unavailable • Sought public support and the support of small businesses • Our accomplishments include: o Adoption of the 2007 MCC green building code o Anti -idling campaign 2009-2011 Chair, Colorado Mountain College Sustainability Committee The Sustainability Committee consisted of faculty and staff members with the goal of making the Colorado Mountain College campus sustainable, • Maintained a substantial budget • Evaluated campus projects to determine whether the project was realistic and within our budget • Scheduled and coordinated events and guest speakers • Public speaking REFERENCES Corene Baumgardner Former Supervisor, University of Colorado Data Specialist and Student Assistant Supervisor 303-492-5633 Lisa Doak Former Supervisor, Colorado Mountain College Assistant Dean of Student Services 970-947-8212 Johann Aberger Former Co -Worker and Previous Chair of the Sustainability Committee Instructor of Environmental Science at Colorado Mountain College 970-947-8237 • Mmdra.Modanc 11990 S Boulder Road tY9 Lafnyene, CO 60026 120-421-0365 moatmrc_bnr®yalao_ooen ODEC FIV6: To gam cxpoienc a old knowledge in the Said Work field EDUCATION: 2006: Cornrows WO Sohool Ldayede, CO. Pitdoma 2009-2013; Front Range Ccmmmaly College, Weetmiester CO, Associates of Arts Degree 2013• Present: Metro State Umrerslty, Demo CO WORK' Juiy2013- Present Hodder Probadoo Bm idrr, CO Lend Deputy Probation Officer • Transfer Caul to Private • Haile No Shows • Drat CoraldnY • CourtAppepanas on Complaints • Re -Refunds to Community Services • Monitoring TOUT oatp • fail lntdms • Draft the paw wort Mr lady tenninntionrocuperrrod • Outer probation TOUT case information Caw eta • Any otherproblwoa dent wise August 2011- May 2013: Front Range Commtmtry College, Wcstmbytr CO Student Assistant • Ran tie Welcome Desk • Assisted Students with resetting passwords • Assisted Students with reglrtmiag tar dames by adding ad dropping them • Chaired Sodom So all appoSome ms • Misted the Finencid AM Office whit filing February 2009-July2012: Primrose Schools at Torrey Pcrdra, Westminster, CO Tarok • Prepared academic work for the children • Helped in to office • Supervised children no the ploy Motto • Asaietcd with laming activates • Prepared and oleaned up snalcafr children • Bas Driver • Cooked when owweary October 200f- February 2004: United Stasi Alt Puma Sat Antonio, TX Doot Camp • Attention todctni • How to handle sarongsiewions • Job vaining for Military Polka September 2006-Ocrober2006, & November 2006 -May 2008: Seven Floret, layette, CO Sobs Associate • Coatnmowly Provided amp demi ammma service • Cover multiple cash transactions on a daily bait • Maltmba impeccable deanliteae standards throughout the stare September 2-Sepµmrbr 2006: LouieVdk Moamsvml School, Laatsvi le, CO Teeter • Supervised students on playground • Prepm'ad and Cleaned up mocks for darken • Assisted with Miming acclivities Volunteer Community Ode Reach: March 2013 -July 2013: Boulder Probation Determent • Reviewed PA file mud copied certain documents 40011110 DA Bic • Animated a Prabmbd Cme F510 • Prefomwd the Mittel intake interview • Completed an LSI • Prepared ag pnpawork to tha defendant County Out and Coma unity Service • Pro&mied the computer wort for the Coaxcy Out Trams/ • OLD Tutoring 1999.2001; Tem Board to Layette ItetteStitut Cower Want to Senior Cidraae homes aid did yard work • Planned activities for Teat Night • Cleaned Homeless ebdw • Made *ad (a Hondas shcher 2008: Christmas tinder The Bridge TX • Served the Homeless bad • Handed out Sleeping gags 2008; Head White Rope of Rcfuga Sheila). Rawlins Claudia Zakreawskl (CPA) RIMS Sawavky • In charge of scheduling people to ram the Refge • Was it abase of naming the Reuse • Put in 220 hours impieties 6000 imply who attadd warship serviaa each week Referents Probation When- Helped with OED program Helped in her office 2 yeast Co -Worker at Primrose 2 an 303-411-3705 303-596.3149 720,2544682 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 two locations in Greeley; the Greeley Field Services office, located at 920 11th Avenue, and at the Intervention Community Corrections Services (ICCS) facility, located at 1101 H Street. 3. Contractor will have a qualified monitored sobriety collector on site at the Greeley Field Services office Monday through Friday, 7 a.m.-6:30 p.m. (Urinalysis Testing) and 7 a.m.-7 p.m. (Breathalyzer Testing)., and will conduct random weekend monitoring Saturdays and Sundays each month, 7a.m.-11 a.m. 4. Contractor will have a qualified monitored sobriety collector on site at the ICCS facility Monday through Sunday, 24 hours per day, 7 days per week. 5. Contractor offers services at secondary locations in Boulder, Brighton, Lakewood, Longmont and Westminster. • 647 East Bridge Street, Brighton: 8:00 a.m.-5:00 p.m., Monday -Friday (Closed 12:00-1:00 p.m.) • Boulder Field Services, 5600 Arapahoe Avenue, #100, Boulder: 7:00 a.m.-7:30 p.m., Monday - Friday (Closed 12:00-1:00 p.m. daily), and Saturdays/Sundays 8:00-11:30 p.m. and 4:00-7:30 p.m. • ICCS Kendall, 1651 Kendall Street, Lakewood: 24 Hours/Day, 7 Days/Week • 310 Lashley Street, #108, Longmont: 7:00 a.m.-7:30 p.m., Monday -Friday (Closed 12:00-1:00 p.m. daily), and Saturdays/Sundays 8:00-11:30 p.m. and 4:00-7:30 p.m. • 1333 West 120th Avenue, Westminster: 7:30 a.m.-5:30 p.m., Monday -Thursday, and 7:30 a.m.- 4:30 p.m., Friday 6. Contractor will manage random monitored sobriety number lines; one for Urinalysis testing and one for Breathalyzer testing. The number lines accessible by phone at (970) 515-7424 (Urinalysis) and (970) 584- 2490 (Breathalyzer). 7. Contractor will assign clients a unique number upon receipt of a referral. Clients will be required to call in seven (7) days a week. 8. 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. 9. Contracotr 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. 10. 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. 1 11. 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). 12. Contractor will confirm any non -negative specimen with gas chromatography/mass spectrometry (GC/MS). 13. Contractor will provide a recap of each referred client's prior months monitoring by the 7`h of the month following the month of service. 14. Contractor will submit the required monthly billing forms by the 7`h of the month following the month of service. 15. Results will be available online 24 hours per day, seven (7) days per week through the Norchem Sentry website (https://sentrv.norchemlab.com). 16. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 17. 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 after May 31, 2015. 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 or amend it accordingly. 2. Fees for Services $8.00/Episode (Urinalysis — 7 Drug Panel) $8.50/Episode (Urinalysis — EtG Screen + Panel 22) $15.00/Episode (EtG Panel —Single Test) $35.00/Episode (Designer Stimulants/Synthetic Stimulants Panel) $17.00/Episode (Drug Oral Fluid Panel) $35.00/Episode (Spice/Synthetic Marijuana) $15.00/Episode/Drug (Confirmation Urinalysis) $1.00/Test (Lifelock FC 10 Portable Breath Tester) $8.00/Day (Soberlink SL2 Remote and Mobile Breath — Client Self Pay) $6.00/Day (Soberlink SL2 Remote and Mobile Breath —County Pay) $8.00/Day (AMS SCRAM) $6.50/Day (SleepTime Wrist Watch) 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 7`h day of the 1 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 2 INTER -2 OP ID: KR ACC:).RO' CERTIFICATE OF LIABILITY INSURANCE DATE IMWDOIYYYY) 09116/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDRIONAL INSURED, the policyges) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: 303-863-7788 The Wright Group Inc. (PC) Fax: 303$81-7502 Property & Casualty Division 1873 &Bellaire St, Ste. 600 - - "-- DenVBrCO-80222"' ------ -'--"----- -'- INSURED Intervention, Inc. 1333 W. 120th Ave., Ste: 101 Westminster, CO 80234 • CONTACT Ellen Heeney PHONE 303-2213-2211 Exth DDREE a money tvgservices.com I IA/TC Nod INSURER(S) AFFORDING COVERAGE INSURERA:PHILADELPHIA INSURANCE CO. INSURER a: PINNACOL ASSURANCE INSURER C: NAID INSURER D: INSURER E: INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OFINSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDrFIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS. Pia LTR TYPE OF INSURANCE ADM MRPOLICY SUER NUMBER -poiJcTEFf JMWDD/YYYI'1. P E7t JMWD UMII GENERAL UASIUTY EACH OCCURRENCE 5 1,000,000 A X COMMERCIAL GENERAL LIABILITY PHPK1075274 09/1712013 09117/2014 PORaEM3E3(E9EMOW�rrNe1 $ 100,000 I CLAIMS -MADE X OCCUR MED EXP (My ore perm) f 10,000 PERSONAL & ADV INJURY $ 1,000,000 X Prof. Llab. GENERAL AGGREGATE f 3,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPIOP AGG S 3,000,000 —1 POLICY PFR 100 i AUTOMOBILE LIABILITY ICEOM ED enSINGLE LASTf asal0:•L 1,000,000 X ANY AUTO PHPK1075274 09/1712013 09/17/2014 Boob, INJURY(PetPewn) f A HIRED AUTOS _. AUTOS NON -OWNED PROPERTY DAMAGE (Peraaidentl _ AUTOS _ _..... UMBRELLA ULB OCCUR EACH rcri IRRENCE i . EXCESS LIAR - _ CLAIMS -MADE _ .. AGGREGATE i DEO I I RETENTIONS S WORKERS COMPENSATION �On� STATITS I ER X I WC B AND EMPLOYERS' LIABILITY ANYPROPRIETORVARTNER,EXECNNE Y/N 2019722 10/01/2013 10/01/2014 ELEACHACCIDENT $ 100,000 (OFFICER/MEMBERdatary In NNIA EXCLUDED? H) EL. DISEASE -EA EMPLOYEE S 100,000 DN EyyeeRIP IOONN OF EeaaOWrPERATIONS below SCO EL DISEASE -POLICY LIMIT f 500,000 A A Property Section Professional Llab PHPK1075274 PHPK1075274 09/17/2013 09/17/2013 09/1712014 09117/2014 Contents 1,713,000 E & 0 1,000,000 DESCRIPTION OF OPERATIONS /LOCATORS /VEHICLES (AIWA ACORD 101, Addltlonal Remits Schedule, if MOM space Is r.gdnd) Policy ABB001929 Eft 7/1/13-7/1/14, QBE Insurance Corp., Medical Expense Benefit $25,000, Accident Death Benefit $15,000, Accidental Dismemberment $50,000, Aggregate Limit $500,000. Policy PBP1c1075274., Philadelphia Ina., Molestation $250,000 Per Incident, $500,000 Aggregate. CERTIFICATE HOLDER CANCELLATION State of Colorado 1st Judicial District Probation Department 100 Jefferson Cnty Pkwy #2070 (Golden, CO 80401 1STJUDI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD PY-14-15-CORE-0227 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LARRY P. KERRIGAN, PH.D. / This Agreement, made and entered into the/�da of 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Larry P. Kerrigan, Ph.D., hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Core Services funding to the Department for Sexual Abuse Treatment (Safe -T Program). NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015, unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1. aP/ y Qy22 PY-14-15-CORE-0227 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. 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 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 Response to the Request for 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 2 PY-14-15-CORE-0227 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-CORE-0227 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CORE-0227 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CORE-0227 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 PY-14-15-CORE-0227 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-CORE-0227 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 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. 8 PY-14-15-CORE-0227 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. 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 Larry P. Kerrigan, Ph.D. 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: Larry P. Kerrigan, Ph.D. 1750 25th Avenue, Suite 101-B Greeley, CO 80634 J970)353-7526 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. 9 PY-14-15-CORE-0227 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. 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 §§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 10 PY-14-15-CORE-0227 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 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. 11 PY-14-15-CORE-0227 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-CORE-0227 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. 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. 13 PY-14-15-CORE-0227 35. 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. 14 PY-14-15-CORE-0227 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: d :c,k, Weld County Clerk to the Board By: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Count"Attorney 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ademacher, Chair N AUG 1 1 2014 LARRY P. KERRIGAN, PH.D. ry P. K- rigan, P .D. ow/V- X76 WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 Ill. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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. Hi. 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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. 61400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of _, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - 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.5.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. B1400069 - 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. 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 «ReoFName» «RepLName», «RepTitle» 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: «NoticeFName» «NoticeLName» «Addressl», «Address2» «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act of §§24-10-101 et. sea. 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. 81400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. §624-18-201 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. 61400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. Ill. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. 81400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. 61400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS a • r r ialpiti{ i. k �' Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. 91400069 �b'l-ja s��la lei ill 14ob .;3 w{ Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. 81400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL Larry Kerrigan, Ph.D. 1750 25th Avenue, Suite 101 B Greeley, CO 80634 970-353-7526 Fax 970-353-3374 I have been seeing clients in the Sexual Abuse Family Education and Treatment Program (SAFE -T Program) for a number of years in the Ackerman and Associates group practice. Presently I occupy the same office but in individual practice under the name of Larry Kerrigan, Ph.D., Licensed Clinical Psychologist. The SAFE -T Program is a remarkably effective approach to non -abusing parents directly, and to their children indirectly. The Connections Workbook is an excellent foundational workbook for the non -abusing parent. This program maximally activates the client by one-to-one interaction between me and the client. In addition, written work is expected, indeed, demanded at the end of each of the chapters. Also, with experience, the therapist/teacher can individualize the chapters to closely fit the client's specific history and needs. On a personal note, I very much enjoy this individualized seminar style because of the knowledge and skills it gives my clients, which in turn is professionally rewarding, Larry Kerrigan, Ph.D. Clinical Psychologist Active PSY STATE OF COLORADO Department of Regulatory Agencies Division of Professions and Occupations • PRINTED CN SECURE PAPE PST 0001063 Number Laurence P. Kerrigan Greeley 09/C1/2013 Issue Date CO 80634-4944 08/31/2015 Expire Date (�{��,7`a ter Inc y Division Director Signakrit 7 (, Project Description 2014 - 2015 Sexual Abuse Family Education and Treatment Program The SAFE -T Program Project Description and Program Treatment Model Larry P. Kerrigan Ph.D. proposes to continue to provide, in 2013 - 2014, the time limited, outcome focused therapy model for treatment of the non -offending parent. The program can be used for adults: Part A. This part which is for adults is implementation of a plan with the non - offending parent to increase safety and avoid repetition of sexual abuse in the family unit. For the non -offending parent a mentoring of psychological and educational processes of identifying factors that contributed to the abuse and dealing with these factors will be explored. This will be particularly important if negligence and/or home -of -origin issues are present. A large percentage of the non -offending parents will either have been themselves sexual abuse victims or have come from significantly dysfunctional backgrounds. This will take place over no more than 15 sessions. The purpose of this highly structured system is to assist family members to achieve careful implementation of safety and child protection plans. Treatment will move from recognition of the factors that lead to the sexual abuse in their particular case to developing an effective plan to eliminate the resurfacing of these factors and repetition of these kinds of events in the future. Families will need the sexual abuse family education and treatment program (the SAFE - Treatment Program) because the sexual abuse and its implications have either: 1. Imminently placed the children at risk of outplacement from the non offending parent or parents, 2. Created a need to be reunified 3. Caused the family to face imminent reunification failure 4. Caused the family to fail to implement the behaviors required of them. Note: the model does not treat the adult offender. The model is expected to be especially useful where the non offending parent is herself a victim of sexual or physical abuse in her home of origin, or who has a highly disrupted home of origin from other causes. Each referral would be limited 1 to fifteen sessions each delivered either separately or concurrently over four months. Purpose -curriculum and tools for producing Safety Plans The purpose of the time limited, outcome (safety) focused (as opposed to psychodynamic focus) therapy is to implement the changes needed to insure safety from further sexual abuse. The role of the non offending parent in the sexual abuse will be explored, looking for points where protection can be strengthened in the future. The life experiences of abuse or neglect of the non - offending parent in the home of origin will be a part of the psychoeducational work that will be necessary for many of the families. As in previous years in the provision of this program, the book "Connections Workbook" is used as a guide to structure the therapy of the non -offending parent. The goal of the therapy is for the non -offending parent to develop the written final safety plan for the children. Clearly defined, achievable, structured behavioral changes covered in the curriculum set out in the workbook that are needed to insure future safety of the child, will be developed into a written plan. Once the safety plan is signed by the caseworker and the non -offending parent, this plan will become the goal for the family in relation to the safety of the child. Safety plans are expected to be completed within 15 hours usually as one hour face to face sessions. Depending on schedules and the needs of clients, session times may be extended to more than one hour. Billing for partial hours will be in 15 increment blocks. Total number of clients to be served This twelve month program has been calculated as follows. Three families per month times twelve months equal thirty six families per year. If we assume a nuclear family size of five, two adults and three children, then the total client pool to be served are 180 individuals. If we subtract from the five family members the one offending parent the total becomes 144 individuals. As a minimum, there will be up to 36 non -offending parents and 36 victim children to be served. Maximum per month The program maximum is three new families per month with a maximum ability to carry eight open cases a month. The monthly average capacity is two new families per month with the average load of five open cases a month. 2 Work Load Standards A. The program has a capacity of 5 families per month with an average of 3 per month. B. We have 1 provider for this program. • Laurence P. Kerrigan, Ph.D. is a Licensed Psychologist who has provided services in Greeley over the past 35 years and will function as the clinical supervisor of the program. D. The modality of treatment is individual. E. Hours/weeks. The total number of therapist hours is 15 per family over six months. The hourly fee is requested at $110.00 per hour or 27.50 per fifteen minute increment above that. Billing for court related testimony would be at the same rate F. Staff There is 1 individual provider supported by one office professional in the practice. H. Insurance and Resumes. Larry Kerrigan Ph.D. carries three million dollar coverage for professional liability. Resume, proof of liability coverage and license are attached. 3 PY-14-15-CORE-0227 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide time -limited, outcome focused individual therapy for the treatment of the non -offending parent (adults) in sexual abuse cases referred by the Department. These services are formerly known as Part A of the Safe -T Program (Sexual Abuse Family Education and Treatment Program). 2. Services will be provided at 1750 25th Avenue, Suite 101-B, in Greeley. 3. All services will be provided by Laurence P. Kerrigan, Ph.D., also known as Larry Kerrigan, Ph.D. 4. Services will include the implementation of a plan with the non -offending adult parent to increase safety and avoid repetition of sexual abuse in the family unit. The referred client will explore and identify, through psychological and educational processes, the factors that contributed to the abuse and how to appropriately deal with those factors to eliminate these factors and avoid repetition of the abuse in the future. 5. Non -offending adult parents are considered appropriate for this program if the sexual abuse and its implications have resulted in: a. Imminent out -of -home placement of the child(ren); and/or b. A need for reunification; and/or c. The family facing imminent reunification failure; and/or d. The family has failed to implement the behaviors required of them. 6. Services will be provided over no more than fifteen (15) one -hour sessions, occurring over a maximum of four (4) months. 7. Contractor will utilize the "Connections Workbook" as a guide to structure the individual therapy of the non -offending adult parent. The workbook denotes clearly defined, achievable, structured behavioral changes that are needed to ensure future safety and develop a written safety plan. 8. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 9. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 10. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise directed by the Department. 11. Contractor agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 1 PY-14-15-CORE-0227 12. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 13. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 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 PY-14-15-CORE-0227 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, 2015. 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 or amend it accordingly. 2. Fees for Services $110.00/Hour (Safe -T Program — Hourly Fee) $27.50/15 Minutes (Safe -T Program — fee per 15 minutes after one hour) $110.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) $27.50/15 Minutes (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting — fee per 15 minutes after one hour) 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. 1 PY-14-15-CORE-0227 b. For one-time services, proof of services rendered shall be receipt of the completed product. C. For Monitored Sobriety services, proof of services rendered shall be the test result. 2 9/2.1/13 - A Psychologists' Professional Liacility Policy THIS TS A CLAIMS MADE POLICY - PLEAS}: READ C\REFI'LLY *** RENEWAL *** NOTICE: A LOWER LIMIT OF LIABILITY APPLIES TO JUDGMENTS OR SEU l EMENTS WHEN THERE. ARE ALLEGATIONS OF SEXUAL MISCONDUCT (SEE THE SPECIAL PROVISION "SEXUAL MISCONDUC I" IN THE POLICY i. DECLARATIONS POLICY NO: 5010-6485 ACCOUNT N() CO-KERL175-0 0099745C ITEM I. (a) NAMEAND ADDRESS OF INSURED: ITEM I. ( ,(:\DDITION.&L NAMED INSUREDS: LAURENCE P. KERRIGAN, PH.D. 1750 25TH AVE. SUITE #101 GREELEY, CO 80634 TYPE OF ORG: TEM 2. ADDITIONAL INSUREDS: INDIVIDUAL TEM3. POLICY PERIOD: FROM: 12/01/13 TO: 12/01/14 I2:0IA.M. STANDARD TIME AT THE ADDRESS OF TILE INSURED AS STATED HEREIN: TEM 4. LIMITS OF LIABILITY: (a) S 1,000,000 EACH WRONGFUL ACT OR SERIES OF CONTINUOUS. REPEATED OR INTERRELATED WRONGFUL ACTS OR OCCURRENCE TEN'S. _ TEM (,. IT•.\I 7. (b) S 5,000 COSTS RELATED TO ANY SINGLE PROCEEDING lc) S 3,000,000 AGGREGATE. FOR A1.L CLAIMS AND ALL PROCEEDINGS PREMIUM SCHEDULE: CLASSIFICATION 1ST PSYCHOLOGIST RETROACTIVE DATE: 12/01/91 EXTENDED REPORTING PERIOD ADDITIONAL PREMIUM (if exercised):S NUMBER I RATE I ANNUAL PREMIUM J 1 1191.00 ' 1,191.00 DEFENSE LIMIT .00I TOTAL PREMIUM: 1,072.00 1,876.00 SCHEDULED RATING CREDIT INCLUDED fE\I 8. POLICY FORMS AND ENDORSEMENTS ATTACHED IO THIS POLICY ?RGE2000 (3/2006) PRGe1070 (1/2006) ALT RIZED COMPANY REPRESENTATIVE Amenc rofessional Agency • 95 Broadwa}, Amnvv,lie. NY 11701 THIS IS NOT A BILL. PREMIUM HAS BEEN PAID. PRGE2005 (3/20(* PY-14-15-CPS-0133 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND KNIPSCHEER AND ASSOCIATES POLYGRAPH SERVICES This Agreement, made and entered into the/L day of zitlie 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of man Services, hereinafter referred to as the "Department' and Knipscheer and Associates Polygraph Services, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Child Welfare Administration funding to the Department for Polygraph Examination. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 a0/ cQg26 PY-14-15-CPS-0133 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. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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 Response to the Request for 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 2 PY-14-15-CPS-0133 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-CPS-0133 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Child Welfare Administration. 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 4 PY-14-15-CPS-0133 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. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 5 PY-14-15-CPS-0133 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. ii. 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; 6 PY-14-15-CPS-0133 - $50,000 any one fire; and - $500,000 errors and omissions. iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-CPS-0133 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 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. 8 PY-14-15-CPS-0133 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. 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 Glenn Knipscheer, President 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 19701352-1551 9 For Contractor: Glenn Knipscheer, President P.O. Box 60 Hygiene, CO 80533 1303-774-8968 PY-14-15-CPS-0133 18. Litigation 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. 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 §§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 10 PY-14-15-CPS-0133 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 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, 11 PV -14 -15 -CPS -0133 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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, e, C, and D. 12 PY-14-15-CPS-0133 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. 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. 13 PY-14-15-CPS-0133 35. 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. 14 PY-14-15-CPS-0133 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: dathai -ek Weld County Clerk to the Board By: unty Forney WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO demacher, Chair AUG 1 1 2014 KNIPSCHEER AND ASSOCIATES POLYGRAPH SERVICES By: E Glenn Knipscheer, • esident aoiq ay2, WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. 81400069 beneficiary only. H. 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. I. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.ins-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. 81400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. 81400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. 61400069 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. 81400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. - General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. B1400069 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. 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 «RepFName» «RepLName», «RepTitle» 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 1970) 352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName» «Address1», «Address2» «City». «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. 61400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its off cers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. 81400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. I. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. 61400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS �. Aftercare Services biuri Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. 81400069 �rtn'�.1� �Xk�-�.J '.E is , ,a 6��ii deli ,)1 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. 81400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. 81400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTORS RESPONSE TO THE REQUEST FOR PROPOSAL Glenn xjcipscheer 1(A, NCC, CAC III ciolygraph rExgminer ?(piipscheer andAssociates 2741 Iris Avenue, Ste. A Bouffer, CO 80304 IlafingAdQress: 2.0. Box 60.7fygiene, CO 80533-0060 (Business Phone: 303-774-8968 Cell' 720-530-8060Ta,. 303-380-0600 March 17, 2014 Attention: Tobi A. Vegter/ Bid #81400069 Weld County Colorado Department of Social Services 315B N. 11th Avenue P.O. Box A Greeley, CO 80632 Request for Proposal Bid No. B1400069 Approved Treatment Provider Program -Polygraph My name is Glenn Knipscheer. I have been an approved polygraph treatment provider for the Department of Corrections (DOC) and the Sex Offender Management Board (SOMB) since I started my own polygraph business around 1998. I've done work for Department of Correction, Department of Youth Corrections, Probation, Community Corrections, and Department of Social Services throughout the state of Colorado. I'm approved by the Sex Offender Management Board to do testing on adults, juveniles, and the Developmentally Disabled. I charge S250 per polygraph for the following types of sex offender tests (maintenance, sexual history, specific issue, and index offense polygraphs). I also do polygraph testing not related to sexual issues (e.g. domestic violence). I have an office in Boulder, CO, but also travel around the state to do polygraph tests. I do polygraph tests seven days per week "as needed". I am easily accessible by two different telephone numbers and email. I attempt to return all messages in a timely manner. I do polygraph testing for different treatment agencies. I communicate with other members of the treatment team prior to conducting polygraph examinations. On most occasions, I'm working at a treatment team member's facility. I am able to talk to this treatment team member/s as needed before, after, and during the administration of the polygraph. I obtained my Master's Degree in Agency Counseling from University of Northern Colorado in the early 1990s. I am a certified Drug and Alcohol Counselor Level 3 and a Nationally Certified Counselor. The following jobs and my educational background have equipped me with the communication and problem solving skills necessary to work with clients and members of the treatment team (therapists, parole and probation officers, Community Corrections and half -way Page 2 of 2 Bid No. 131400069 March 17, 2014 house case managers. Social Service Case Managers): I worked for Boulder County Community Corrections doing drug and alcohol counseling for people convicted of driving under the influence of alcohol three or more times- I did the counseling work in Boulder County Jail's Work Release Program and on an outpatient basis. I worked for Mervyn Davies. MA, I,PC doing sex offender counseling for adults and the developmentally disabled population in Greeley. CO. I worked for Boulder County Mental Health working with the Chronically Mentally 111 for around six years. I worked in a halfway house in Greeley, CO while studying to obtain my Master's Degree. As of 2014, I have conducted around 4400 polygraph examinations in the state of Colorado. I send copies of my polygraph reports to members of the treatment team within seven days or less. I have clients sign a release of information prior to conducting the polygraph examination. I only release information to those specified on the release of information. I obtain the necessary information from clients to determine if they're suitable for polygraph testing. I do not conduct polygraph examinations in a confrontational manner. I conduct polygraphs using empathy, a non -judgmental attitude, and positive regard for the person I'm testing. I find the following saying to be true in the conducting of polygraphs. "It is easier to catch flies with honey than with vinegar." My concern in conducting polygraphs is keeping the community safe, and getting examinees to disclose victims so the victims can get help if needed. I also believe that a prerequisite for clients changing their behavior is admitting that they have a problem. The polygraph is a good tool in helping clients break through denial which prevents them from taking responsibility for what they have done. If they take responsibility for what they have done, they can learn new behaviors and ways to avoid offending again. Thank -you for considering my "Request for Proposal". Respectfully, alelA Glenn Knipscheer MA, NCC, CAC III APA certified post -conviction polygraph examiner SOMB listed polygraph examiner Glenn Knipscheer 2070 Goldfinch Court Longmont, Colorado 80503 Cell: 720-530-8060 knipscheerpolygraph@msn.com Education Arizona School of Polygraph Science 1998 Masters of Arts in Agency Counseling. University of Northern Colorado 1992 Bachelor of Science in Rehabilitation Counseling. California State University of Los Angeles 1982 Professional Experience Knipscheer & Associates Polygraph Services May, 1998- present Boulder, Colorado Chief Executive Officer- Interview and polygraph candidates for the police, fire, and armor guard companies. Interview and polygraph convicted sex offenders according to the standards as outlined by the Sex Offender Management Board. Interview and polygraph developmentally disabled convicted sex offenders. Conduct privileged communication polygraph examination for attorneys. Developed standards and guidelines for the polygraph testing of convicted sex offenders. Communicate and consult with probation, parole, mental health agencies, and social services. Conducted trainings on the implementation and use of the polygraph examination with offenders. Baseline Associates 2005- present Lakewood, Colorado Polygraph Examiner- Interview and polygraph candidates for police, fire, and armor guard companies. Alverson & Associates Polygraph Services March, 1997 -May, 1998 Denver, Colorado Polygraph examiner- Successfully completed a one year internship post polygraph school. Boulder Community Corrections August, 1994- September, 1997 1777 6th Street Boulder, Colorado 80302 Substance Abuse Counselor- Conducts education and therapy services in the Multiple Offender DUI Program (MOD Program). Delivers nontraditional alcohol treatment services to persons convicted of three or more alcohol/drug related driving offenses. Responsibilities include conducting differential assessment, group therapy sessions (periodically, individual sessions), didactic and role-playing experiences, individual treatment planning/ case management, and record keeping. Verbal and written communication with different agencies of the judicial system. Individual & Group Therapy Services June, 1992 -August, 1994 824 B 9°i Street Greeley, Colorado 80631 Psychotherapist- Schedule, plan, and maintain my own caseload of individual, family, couples and groups. Perform assessments in the areas of mental health, anger management/domestic violence, and sexual offenders. Visit prospective clients in jail to determine suitability for treatment. Perform crisis intervention as needed. Verbal and written communication with referent sources (Department of Corrections, Probation, Social Services, and community counseling agencies). Consulting done for sexual issues including the Developmentally Disabled population. Trained on interpretation and use of the plethysmograph. Addiction Recovery Center June, 1992 -January, 1994 800 8`h Avenue, Suite 200 Greeley, Colorado 80631 Psychotherapist- Counseling for individual, family, and couples addressing issues pertaining to substance abuse and dependency. Facilitated groups on Relapse Prevention, Level II Education and Therapy. Alternated with co-workers for 24 -hour crisis interventions. Facilitated inpatient hospitalizations. Verbal communication with referent sources on a regular basis. Performed alcohol and drug evaluations. Developed treatment plans; 30 day and 3 -month treatment plan updates, intakes, and discharge summaries according to ADAD standards. The Villa- Residential Treatment Center November, 1990- July, 1992 1776 6ht Avenue, Greeley, Colorado 80631 Counselor Aide- Responsible for the supervision of offenders in a community corrections residential treatment setting. Responsible for the safety, security and sanitation of the facility; one to one therapy and crisis management of the clients. Mental Health Center of Boulder February, 1986- November, 1992 Cedar House, 2833 Broadway, Boulder, Colorado 80304 On -Call Mental Health Worker- Worked with fifteen mentally ill adults in a residential psychiatric treatment facility. Assisted in admission and discharge process. Taught living skills; provided crisis intervention and case management services as directed. Facilitated psychoeducational groups. Mental Health Center of Boulder October, 1986- July, 1990 Cedar House, 2833 Broadway, Boulder, Colorado 80304 Head Mental Health Worker- Shared responsibility with nursing coordinator for filling in for the Cedar House therapists when they were absent or on vacation. Also covered for the Fort Logan Liaison and Inpatient Coordinator. Supervised eight mental health workers, which included scheduling, payroll, and hiring. Member of the in-service committee. Mental Health Center of Boulder February, 1986- August, 1987 Emergency Psychiatric Services, 1333 Iris Avenue, Boulder, Colorado 80304 Emergency Psychiatric Worker- Provided emergency psychiatric evaluations and brief crisis intervention services. Triaged cases and made appropriate dispositions. Interfaced with outside community agencies and mental health center staff. Midwest Children's Home July, 1982- October, 1986 Longmont, Colorado 80501 Childcare Worker- Supervised a staff of six in the care of eighteen developmentally disabled children with emotional disabilities. Was responsible for the training of four residents in reading, writing, and sign language skill. Wrote professional staffings. Implemented and monitored different types of behavior modification programs. Administered medication to residents and handled medical emergencies. Certifications Nationally Certified Counselor Certified Addiction Counselor III American Polygraph Association certified post -conviction sex offender polygraph examiner Colorado Sex Offender Management Board listed polygraph examiner Colorado Department of Corrections listed polygraph examiner Sex Offender Management Board approved to do polygraph testing on adults, juveniles, and developmentally disabled populations Memberships American Polygraph Association Colorado Association of Polygraph Examiners Presentations Colorado Organization for Victim Assistance (COVA) Conference Using the Polygraph with Sex Offenders- one day workshop at Regis University Using the Polygraph with Developmentally Disabled Sex Offenders- one day training at the Center for Enriched Communications in Grand Junction, Colorado The Use of the Polygraph in the Management of Sex Offenders, sponsored by Larimer County Probation, Colorado The Use of the Polygraph in the Treatment and Management of Sex Offenders, sponsored by Larimer County Social Services Basic Polygraph. A three-hour training for Mesa County Community Corrections staff Service I participated in developing standards and guidelines for use of the polygraph in Colorado by attending a monthly polygraph meeting for approximately 18 months. From: Glenn Knioscheer To: Tobi Venter Subject: proof that I"m an approved SOMB polygraph provider Date: Monday, March 10, 2014 7:14:11 AM Click on the link below and then click on "Adult Provider List - Updated March 4, 2014". If the link doesn't work. Cut and paste into your address bar. http://dcj.state.co.us/odvsom/sex_offender/adults.html#provider Glenn Knipscheer, MA, NCC, CAC III Knipscheer and Associates Polygraph Services P.O. Box 60 Hygiene, CO 80533-0060 Telephone: 303-774-8968 Cell: 720-530-8060 Fax: 303-380-0600 PY-14-15-CPS-0133 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide Polygraph Services for youth engaged in offense -specific treatment through a program that does not include polygraphs, as referred by the Department. 2. Contractor is approved by the Sex Offender Management Board to conduct sex offender polygraphs on adults, adolescents and developmental disabled adults/adolescents. 3. If the youth is on Probation, the cost of each referred polygraph will alternate between Probation and the Department. 4. Contractor will document in detail any and all observed or verbalized concerns regarding any youth whom the CONTRACTOR is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately. 5. Contractor will submit a written report to the referring caseworker within two (2) weeks of completion of the service. 6. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 7. 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. 1 PY-14-15-CPS-0133 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 after May 31, 2015. 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 or amend it accordingly. 2. Fees for Services $250.00/Episode (Polygraph Examination) 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 1 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYY) 7/31/2014 THI�TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER COMPLETE EQUITY MARKETS INC 1190 Flex Court Lake Zurich, IL 60047 CONTAGi NAME PHONE ( 847)541-0900 FAX ,ND:(847)541-O444 AlC No Ex0 ( ) -MAIL ADDRESS INSURER(al AFFORDING COVERAGE NAICX INSURER A: Underwriters at Lloyd's, London INSURED Knipscheer and Associates, Inc. 2741 Iris Avenue Suite A Boulder, CO 80304 INSURER B : INSURER C: INSURERD: INSURER E : INSURER F'. UUVtr(MIJE ..uvu',dn..- ,..n.,..—.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD BURR WYD POLICY NUMBER POLICY-EI-1- (MM/DD/YYYY) POLICY EXP (MM/DDNYYY) LIMITS X COMMERCIAL GENERAL LIABILITY 1700590 05/20/2014 05/28/2015 EACH OCCURRENCE $ 1,000,000 $ 50,000 DAMAGE TO HEN I t PREMISES (Ea occurrence) CLAIMS -MADE I X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ EXCLUDED A GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY I OTHER-. LIMIT APPLIES PER PECT I I LOC PRODUCTS - COMP/OP AGG $ 1 , 000 , 000 $ AUTOMOBILE — LIABILITY ANYAUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS WMBINEU SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ — UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTIONS COMPENSATION AND WORKERSEMPLOYERSLIABILITY ANO LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDE D? ICER/MEMBER EXCLUDED? pI (Mandatory In NH) Il yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE UIH- ER E. L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE . $ EL. DISEASE - POLICY LIMIT 5 A Professional Liability 208191 07/29/2014 07/29/2015 $1,000,000 Each Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This is a 2 page certificate. CERTIFICATE HOLDER Colorado Department of Corrections Division of Adult Parole Community Corrections and YOS 940 Broadway Denver, CO 80203 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 2 Certificate of Insurance GLENN KNIPSCHEER DBA KNIPSCHEER & ASSOCIATES INC. Policy Number: 1700526 / 207318 Coverage is per all terms, conditions, exclusions and endorsements of each respective policy Colorado Department of Corrections Division of Adult Parole Community Corrections and Youth Offender System is listed as Additional Insured per all terms and conditions of the endorsements generated, and subject to all policy terms, conditions, exclusions and endorsements. This contract is delivered as a surplus line coverage under the 'Nonadmitted Insurance Act'. The insurer issuing this contract is not licensed in Colorado but is an eligible nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act'. This policy is a claims -made policy which provides liability coverage only if a claim is made during the policy period or any extended reporting period. Licensee: Lawrence T. P. Molloy By G��SCa 1P/Ila6tk Lawrence T.P. Molloy binders'138 PY-14-15-CORE-0136 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CARLA M. KRUSE This Agreement, made and entered into the// day of Al , 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Carla M. Kruse, 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, Department's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Core Services funding to the Department for Mental Health Services . NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 Bois- &477 PY-14-15-CORE-0136 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. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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, Department's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 2 PY-14-15-CORE-0136 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 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. sea. 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 3 PY-14-15-CORE-0136 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CORE-0136 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CORE-0136 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 PY-14-15-CORE-0136 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-CORE-0136 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 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. 8 PY-14-15-CORE-0136 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. 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 Carla M. Kruse, MS, LMFT, CACTI 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: Carla M. Kruse, MS, LMFT, CACII 10001 West 32nd Avenue Wheat Ridge, CO 80033 (970) 391-4410 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. 9 PY-14-15-CORE-0136 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. 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 §§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 10 PY-14-15-CORE-0136 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 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. 11 PY-14-15-CORE-0136 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-CORE-0136 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. 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. 13 PY-14-15-CORE-0136 35. 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Wahl,/ `?t .ludo, Weld County Clerk to the Board By: APP rney e Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 14 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Rademacher, Chair AUG 1 1 2014 S./(AA-C, (e/CI Carla M. Kruse, MS, LMFT, CACTI ao/e/- a 9 EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) B. Bids for the stated services will be received by the Weld County Department of Human Services, Resource Unit, Attn: Tobi Vegter at vegterta(yweldgov.com or P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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 cony 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, Service Utilization 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. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. 81400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. 81400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Protect Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. 91400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. - Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. B1400069 - 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. 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 «RepFName» «RepLName», «RepTitle» 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: «NoticeFName» «NoticeLName» «Addressl»,«Address2» «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and 424-50-507. 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21. 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Proiect Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS I Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 EXHIBIT B CONTRACTOR'S RESPONSE TO REQUEST FOR PROPOSAL March 20, 2014 Attn: Tobi Vegter P.O. Box A, 315 A North 11th Ave. Greely, CO 80631 vegterta@weldgov.com It is my pleasure to submit my 2014 bid for Families, Youth and Children's Commission, on behalf of Weld County Department of Human Services. I hereby waive my right to have a sealed bid. Below you will find all necessary information regarding my expertise, trainings, licensure and billing information. The services I offer as a sole proprietor, are office based Individual sessions for both children/adolescents (10-17) and adults. I also provide Couples and Family sessions. I work with clients who have depression, anxiety, relational problems, addiction, eating disorders, and personality disorders. I have been trained in trauma informed care during my graduate program at Northern Illinois University, taking courses in childhood abuse and neglect. I have also had extensive on the job training with developmental complex trauma (Dr. Bessel Van Der Kolk), especially with adoptive children and their families. I have had continuing education in family system; a yearly 12 week course during all three years I worked at the Adolescent and Family Institute of Colorado. I am working towards my License in Addiction Counseling (LAC) in order to further my knowledge In the addictions field. Please reference my attached resume for further trainings and education. The location of my office is 10001 West 32nd Ave. Wheat Ridge, CO 80033. My office hours are primarily Saturday all day, with limited availability on Tuesday and Thursday evenings as needed. Rate Schedule is as follows: Flat rate per 50 minute session: $75.00 Meetings/Collateral contact for the client: $75.00 per 60 minutes Thank you for your time and consideration of my bid. Please contact me if there is any other information I need to submit. I look forward to the prospect of working with the Families, Youth and Children's Commission, on behalf of Weld County Department of Human Services. Best Regards, Jt/ >< (s; (kt, 7/O C Carla M. Kruse, MS, LMFT, CACTI 10001 West 32nd Ave. Wheat Ridge, CO 80033 970.391.4410 carlamkruse@gmall.com Carla M. Kruse MS, LMFT, CACII 10001 West 32nd Avenue Wheat Ridge, CO 80033 970.391.4410 carlamkruse@gmail.com Education Master of Science in Applied Family and Child Studies Specialization in Marriage and Family Therapy, Northern Illinois University, DeKalb, IL May 2010 Bachelor of Science in Psychology, Oklahoma State University, Stillwater, OK, May 2008 Licensure Licensed Marriage and Family Therapist- Colorado #LMFT 1046 Certified Addiction Counselor II- Colorado #ABC -7548 Clinical and Professional Experience Coverage Therapist & Case Manager, Eating Recovery Center: Child and Adolescent Behavioral Hospital, January 2014- present • Provides coverage to Primary therapist case load when therapist is on leave • Provides all case management duties for selected clinical team • Population includes Children and Adolescents who suffer from eating disorders • Conducts skills groups: CBT and DBT • Conducts process groups Outpatient Counselor, Foundations Counseling LLC, Loveland, CO, February 2013-Feburary 2014 Sole Proprietor, Wheat Ridge, CO, March 2014 -present • Provides individual, couple and family counseling on an outpatient basis for adolescents and adults • Specialize in a variety of different areas including trauma, child behavioral problems, parenting, self - injury, eating issues, relationship issues, family issues, depression, anxiety, substance abuse, etc. • Participated in weekly training and case consultation to maintain best practices standards Substance Abuse Group Facilitator: Independent Contractor, Turning Points: Mental Health Services, December 2012- July 2013 (Temporary position) • Conducted educational outpatient groups for court ordered individuals for drug abuse and DUI related offenses. Primary Therapist, Adolescent and Family Institute of Colorado, Wheat Ridge, CO, May 2010-Feburary 2013 • Provided intensive family -focused treatment to adolescents and their families in a Residential setting • Primary therapist for adolescents ages 11-21 on residential care with Axis I, emerging Axis II mental health disorders and substance abuse disorders • Population included families that were middle to low income families. A large number of families had multiple treatment failures prior to admission • Followed all assigned patients from residential care, partial care, intensive outpatient and outpatient level of care • Conducted individual, family and group therapy on a daily basis including psychoeducation substance abuse groups for adolescents • Worked in a clinical team oriented environment, conducting initial evaluations for intake and admission with other primary therapists, medical staff, clinical supervisors, and psychiatric consultants • Presented all cases in weekly staffing with medical staff, clinical supervisors, psychiatric consults • Completed all clinical forms, maintaining a complete chart on all patients meeting HIPPA, PRTF, ADAD and JCAHO guidelines • Utilized Systems theory, Brief therapy, Strategic theory, Structural theory, Psychodynamic theory, Solution Focused theory, & Cognitive Behavioral theory • Supervised Resident Supervisors and Graduate level interns • Conducted daily Utilization Review for all assigned patients to obtain treatment authorization • Chair of JCAHO accreditation committee for Therapeutic Environment and Patient Care and Services • Participated in annual Quality Assurance audits to maintain state licensure: PRTF, ADAD and JCAHO • Conducted Aftercare groups for those outpatients and their families who discharged from the program Graduate Intern for Primary Counselor, Rosecrance Health Network: Harrison Campus Rockford, IL, May 2009- May 2010 • Assisted primary counselors at an addiction treatment center on the adult men's inpatient unit for a total of 370 clinical face-to-face hours including individual, relational and groups • Facilitated groups with patients which addressed coping skills, processed feelings and emotions, and provided psychoeducation on addiction and mental illness • Shadowed other counselors in the women's inpatient unit, assessments, experiential therapies, and in the Health Center: Detox • Aided primary counselor with patient biopsychosocials, treatment plans and individual sessions on their progress in treatment • Facilitated Family Education Weekend under supervision of the family program coordinator Research Experience Graduate Research Assistant, Northern Illinois University, DeKalb, IL, August 2008 -May 2010 • Facilitated database research in child development, child abuse and theory based interventions • Completed child abuse hand-out for a graduate course Undergraduate Teaching Assistant, Oklahoma State University, Stillwater, OK, July 2007 - May 2008 • Abetted professors in Introduction Psychology and Experimental Psychology Undergraduate Research Assistant, Oklahoma State University, Stillwater, OK, August 2007 -May 2008 • Assisted professor in a research project about endorsing a negative in-group stereotype as a self - protective strategy • Entered data from the project into SPSS and attended lab meetings with other research assistants, graduate students, and research professor Applied Research Assistantship, University of Central Oklahoma, Oklahoma City, OK, 2006-07 • Conducted a nonviolence program for elementary schools students: ERASE: Everyone's Responsibility for A Safe Environment • Worked in a clinical team oriented environment, conducting initial evaluations for intake and admission with other primary therapists, medical staff, clinical supervisors, and psychiatric consultants • Presented all cases in weekly staffing with medical staff, clinical supervisors, psychiatric consults • Completed all clinical forms, maintaining a complete chart on all patients meeting HIPPA, PRTF, ADAD and JCAHO guidelines • Utilized Systems theory, Brief therapy, Strategic theory, Structural theory, Psychodynamic theory, Solution Focused theory, & Cognitive Behavioral theory • Supervised Resident Supervisors and Graduate level interns • Conducted daily Utilization Review for all assigned patients to obtain treatment authorization • Chair of JCAHO accreditation committee for Therapeutic Environment and Patient Care and Services • Participated in annual Quality Assurance audits to maintain state licensure: PRTF, ADAD and JCAHO • Conducted Aftercare groups for those outpatients and their families who discharged from the program Graduate Intern for Primary Counselor, Rosecrance Health Network: Harrison Campus Rockford, IL, May 2009- May 2010 • Assisted primary counselors at an addiction treatment center on the adult men's inpatient unit for a total of 370 clinical face-to-face hours including individual, relational and groups • Facilitated groups with patients which addressed coping skills, processed feelings and emotions, and provided psychoeducation on addiction and mental illness • Shadowed other counselors in the women's inpatient unit, assessments, experiential therapies, and in the Health Center: Detox • Aided primary counselor with patient biopsychosocials, treatment plans and individual sessions on their progress in treatment • Facilitated Family Education Weekend under supervision of the family program coordinator Research Experience Graduate Research Assistant, Northern Illinois University, DeKalb, IL, August 2008 -May 2010 • Facilitated database research in child development, child abuse and theory based interventions • Completed child abuse hand-out for a graduate course Undergraduate Teaching Assistant, Oklahoma State University, Stillwater, OK, July 2007 - May 2008 • Abetted professors in Introduction Psychology and Experimental Psychology Undergraduate Research Assistant, Oklahoma State University, Stillwater, OK, August 2007 -May 2008 • Assisted professor in a research project about endorsing a negative in-group stereotype as a self - protective strategy • Entered data from the project into SPSS and attended lab meetings with other research assistants, graduate students, and research professor Applied Research Assistantship, University of Central Oklahoma, Oklahoma City, OK, 2006-07 • Conducted a nonviolence program for elementary schools students: ERASE: Everyone's Responsibility for A Safe Environment • Met with the student council weekly and taught a preventative violence program, which they then taught to their peers • Preformed a pm and post test to test effectiveness of the program and analyzed data Memberships • American Association for Marriage and Family Therapy (AAMFT) 2013 • American Counseling Association (ACA) 2013 • American Mental Health Counselors Association (AMHCA) 2013 • Association for Multicultural Counseling and Development (AMCD) 2013 • Association for Specialists in Group Work (ASGW) 2013 • Colorado Association for Marriage and Family Therapy (CAMFT) 2013 • Colorado Association of Psychotherapists (CAP) 2013 • International Association of Marriage and Family Counselors (IAMFC) 2013 • Kappa Omicron Nu Honor Society 2009-2010 Conferences and Continuing Education • The Colorado School of Family Therapy: LAC courses 2013 • Adolescent and Family Institute of Colorado: Family Therapy Training, yearly 12 week course: 2010-2013 • Odyssey Training Center: Completed CAC II courses, November 2010-2011 • IAMFT Conference: Through a Different Lens, March 2010 • The Gottman Institute. Level I: Bridging the Couples Chasm, September 2009 Presentations • Damicone, C. (2010, March). Organized activities and its effect on adolescent online behavior: A retrospective study. Poster presentation at IAMFT Conference, Elgin, IL osulooIs Issue Dale CO 80538 Active MET t STATE OF COLORADO Department of Regulatory /Tender; Division of Professions and Occupations oinsoN SECURE PAPER nfT.0o0101a • oaelaers Number Issue Date Carla M Kruse Loveland CO 80538 • 03(31rt016 Expire Date Division Direclor Signature Active ACB ' To Remove Document Fold and Tear Nang This Perforation• T Marriage and Family Therapist -- Board sunup ar. meson Eumveype:tact Number: 1040 Mall Correspondence to: Home Business (Circle one) Home Phone: Business Phone: Nemo: Street Address; City, Slate and Zip Code: J ♦ Use the Area above for any ADDRESS Change 4 THIS IS YOUR WALLET CARD To Remove Document Fold and Tear Along This Perforation T Certified Addidlon Counselor II — Board: Add:UenceruararRegm TyP_0:ACE, _ Number: 7646 STATE OF COLORADO Department of Regulatory Agendas DMslon o(Professions and Occupations pr line ON SECURE PAP4R ACa000761e Number Carla M Kruse Loveland DMsion Director • 0773171016 Expire Date Signature Mall Correspondence to: Homo Business (Circle one) Home Phone: r Business Phone: Name: Street Address: City, Slate and Zip Code: A Use the Area above for any ADDRESS Change • -4 THIS IS YOUR WALLET CARD PY-14-15-CORE-0136 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide Mental Health Services in the form of individual and family therapy as referred by the Department. 2. All services will be provided at the Contractor's office located at 10001 West 32nd Avenue, in Wheat Ridge, Colorado, 80033. 3. Contractor can serve adolescents, ages 12-17, and adults, with depression, anxiety, relational problems, addiction, eating disorders, and personality disorders. 4. Contractor is not bilingual. 5. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 6. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one (1) hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 7. 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. 1 PY-14-15-CORE-0136 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, 2015. 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 or amend it accordingly. 2. Fees for Services $75.00/Hour (Individual and Family Therapy -50 Minute Session. Court Staffing, Court Facilitation, Family Team Meeting, and Team Decision Making Meeting.) 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 1 AWROs CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY) 5/07/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Van Wagner Group A Division of SterlingRisk P.O. Box 9017 Woodbujy, New York 11797 INSURED Carla M. Kruse 8182 Acoma Way Denver, CO 80221 CONTACT NAME: PHONE ; FAX IAHCNNo��xtj_ jAAIC.No): E.IL ADDRESS: PRODUCER CUSTOMER IDJ1 INSURER) AFFORDING COVERAGE I NAM • INSURER A: ACE American Insurance Conpany INSURER B : INSURER C : INSURER D • INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH INSR I LTR i TYPE OF INSURANCE OF INSURANCE PERTAIN. POUCIES. ADOL INSR SUER' WV➢ LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY I POLICY EFT— POLICY NUMBER I (MMIDDIYYYY) THE INSURED OR OTHER DESCRIBED PAID CLAIMS. POLICY EXP tMM1DDI'YYYY) NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS. LIMITS A GENERAL LIABILITY _X 1 COMMERCIAL GENERAL LIABILITY I i CLAIMS•MADE I X • OCCUR AHM719745 I 4/24/2014 4/24/2015 EACH OCCURRENCE S 1,0001000 _._ .100,000 s N/A _. S 1,000,000 DAMAGE TO RENTED PROAISS+Ea occurrence) �$ MED EXP (Any one person) �� PERSONAL 8 ADV INJURY GENERAL AGGREGATE — -t- PRODUCTS • C0MPOP AGO' S 3,000,000 -- S 3,000,000 I GEML AGGREGATE LIMIT APPLIES PER: .... _. I POLICY I .... I PRO pJECT. LOC S I AUTOMOBILE LIABILITY --,I I ANY AUTO ---111 E ALL O'MIED AUTOS - --i SCHEDULED AUTOS I HIRED AUTOS COMBINED SINGLE LIMIT (Ea accident) S S ---------- 4 $ BODILY INJURY (Pei person) ' BODILY INJURY (Per accident) PROPERTY DAMAGE (Pei accident) I NON•OLM IED AUTOS $ $ j UMBRELLA LIAB ( I OCCUR EXCESS LIAB I I CLAIMS -MADE DEDUCTIBLE EACH OCCURRENCE S AGGREGATE S RETENTION S $ I WORKERS COMPENSATION • AND EMPLOYERS' LIABILITY YIN ANY PROPRIETDR/PARTNER/EXECUTI'yE OFFICER/MEMBER EXCLUDED' ' (Mandatory in NH) If yes describe under . DESCRIPTION OF OPERATIONS below NI A ' VYCSTATU- I IOTH- - TORY LIMITS I I ER E.L. EACH. ACCIDENT S E.L DISEASE • EA EMPLOYEd S E.L DISEASE - POLICY LIMIT S A Professional Liability AHM719745 4/24/2014 4/24/2015 Each Incident $ 1,000,000 Aggregate $ 3,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach Effective 5/6/2014, Weld County is included ACORD 101. Additional Remarks Schedule, if more space is required) as Additional Insured as respects to services provided by the Named Insured. CERTIFICATE HOLDER CANCELLATION Weld County 315 N. 11th Avenue, Bldg. A P.O. Box A Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PY-14-15-CORE-0215 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND LEAHY NEUROFEEDBACK //,,DBA DENVER NEUROFEEDBACK a This Agreement, made and entered into the& day of 4 . 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department o Human Services, hereinafter referred to as the "Department' and Leahy Neurofeedback DBA Denver Neurofeedback, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Core Services funding to the Department for Mental Health Services (Neurofeedback). NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 PY-14-1S-CORE-0215 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. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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 Response to the Request for 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 2 PY-14-15-CORE-0215 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-CORE-0215 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CORE-0215 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CORE-0215 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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 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. 6 PY-14-15-CORE-0215 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-CORE-0215 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 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. 8 PY-14-15-CORE-0215 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. 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: Susan G. Leahy, OMC 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 1970) 352-1551 18. Litigation For Contractor: Susan G. Leahy, OMC 6640 South Yukon Way Littleton, CO 80123 1720-384-6018 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 9 PY-14-15-CORE-0215 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. 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 4424-10-101 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 10 PY-14-15-CORE-0215 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 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 11 PY-14-15-CORE-0215 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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, 8, C, and D. 12 PY-14-15-CORE-0215 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. 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. 13 PY-14-15-CORE-0215 35. 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. 14 PY-14-15-CORE-0215 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: afticv Weld County Clerk to the Board By: D Attorney WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Rademacher, Chair AUG 1 1 2014 LEAHY NEUROFEEDBACK CENTER, LLC, DBA DENVER NEUROFEEDBACK By: Susan G. Leahy, OMC &ON- 07994 Bid No. B1400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. A provider of Professional Services (as defined in the Bid or RR) 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS � x Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. 81400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. - General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. B1400069 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. 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 «RepFName» «RepLName», «RepTitle» 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: «NoticeFName» «NoticeLName» «Addressl», «Address2» «City», «State» «Zip» «Phone» 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. 8 Bid No. 81400069 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 any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act of 4424-10-101 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. 4§24-18-201 et seq. and 424-50-507. 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTORI» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCKI. 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. 81400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: 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. (a). 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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. Hi. 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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS w.,. Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 Homes Studies/Relinquishment Counseling Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL or e® 'es e it OMC Denser Neurolcedhack 7500 W Mississippi Ace Suite 13-180 Lakcotoot". CO 80226 To Rum Weld County Dept. of Human Services FTC Commissions Board of Weld County Commissioners SERVICE PROVIDER BID PROPOSAL Susan G. Leahy Phone: 720-385-6018 www.denverneurofeedback.com Proposal Requiates 1) l hereby waive my right to a sealed bid. Susan Leahy, OM 2) Busnessaddress 7500 W. Mississippi Ave. Suite 8180, Lakewood CO 80226 3) Legal Entity: Leahy Neurofeedback Center, llc eta, Denver Neurofeectack 4) Business Ownersitip: Sole Proprietor, Susan G. Leahy (Rate of Colorado) Signature Susan G. Leahy, s>le proprietor Attached Documents A) General Liability Certificate B) P7ofesrional Liability Certificate C) Letter of Introduction D) Curriculum Vitae E) Scope of Service f) Rate Street To the Panel and Commissioners: Please allow me to introduce myself as a candidate Neurofeedback service provider. I,(Susan Leahy) have provided neurofeedback to Weld County since January 1, 2012. BCIA and OMC Certification offer neurofeedback credentialing. Certification (not licensure) is evidence of practitioner knowledge and reasonable competency. Denver Neurofeedback is certified through EEG Institute, Woodland Hills, CA., the largest neurofeedback training. research and development company serving the U.S. and Europe. OMC Certification requires ongoing education monthly with regualification every two years. establishing the only continuous competency standard in the field. Monthly education ensures OMC Certificants offer latest training advancements and strategies. Denver Neurofeedback (DNFB) is uniq,Ie. providing full time neurofeedback services since 2008. To distinguish. a full time psychotherapy or occupational the,ap . practice may add neurofeedback as a part time tool. In contrast, DNFB's 100.:. commitrrerlt to Neurofeedback enables us to specialize in trauma (PTSD) 40 hrs.," k. We invest annuaily in latest technology equipment to provide best clinical results. Our focus is DHS. post adopt and kin families with a commitment to affordability. Since .:008. we have provided 3,000- neurofeedback sessions to DHS and Colorado veterans, refining safe and effective results in the trauma population. We have a history of success for attention and focus (ADHD), remediation of behavioral/ anger issues sleep dysregulatiorl. anxiety. depression and stress symptoms of PTSD. Weld County s c0?T' riiitmerlt to neurofeeclt)aCk s:ii(e 2012 has saved Weld County thousands of dollars. DNFB is committed to meeting Weld County needs in the future. Thonk you for considering Denver Neurofeedback as service provider 2014.15. Denver Neurofeedback 7500 W Mississippi Ave. Ste B-180 I.akewood, CO 80226 — (720) 384-6018 I I I I 1 I1- I I I Hr-- -1I _ f} f 11 Curriculum Vitae 201 3 Document update ,to the attached CV) Susan G. Leahy, OMC, Certified Neurotherapist Continuing Education 2013-2014 100 hours online learning EEG INFO (EEG Institute) Woodland Hills, CA June 2013 Woodland Hills, CA Neurofeedback Provider DHS 2012 -Present Weld Adams Logan Arapahoe NevrMind Map Service ;Dr. Richard Soutar) 2010 -Current Weekly Conference Mentor Calls 100 + hours -Continuing Education CORARC. Trauma Specialist Network 201 2 -Present Curriculum Vitae Sutart 6. l Carty Leahy Neurofeedback Center, LLC. dba Denver Neurofeedback 7500 W. Mississippi Ave. Suite B-180 Lakewood, CO 80226 Office: 303.862-6863 Email: susan@denverneurofeedback.com Website: http://www.denverneurofeedback.com t ' t,irultieut Denver Neurofeedback is commited to providing lowest neurofeedback fees while maintaining highest quality neurofeedback training services in the state of Colorado. Skills Technical knowledge in Multiple Neurofeedback Training Systems (Cygnet, Bio Explorer, nirHEG pirHEG, Brainmaster) Brain Mapping: 3 Systems: TLC, Neuroguide QEEG, Soutar NewMind Mapping Service Clinical Decision making (protocol selection) Partnership Building: Clients, Parthers, Employees Client Assessment (Test of Variability of Attention) Neurofeedback Experience Data Collection — Neurofeedback Research Flexibility —Ability to meet Customer/Client needs Organizational Skills Problem Solving Skills Cooperative Networking and Collaboration New concept initiation Presentations Clear Communications 2012-2008: Lakewood Office (Denver Neurofeedback) Full time Neurofeedback Office: July 2008- Present 3,000 + neurofeedback clinic hours. FASD and Early Development Trauma children, Attention and focus (ADHD) overlapping behavioural (conduct) disorder and perseverative (OCD type) symptoms/behaviours, ie, Anxiety and Depression, disregulated sleep, headache 2012: Saturday Neurofeedback Weld County Dept. of Human Svcs (10 wks) 2010: Denver Neurofeedback -Office Mentorship, Dr. Sharrie Hanley, ND —16 hrs 2008: Internship- Dr. Sharrie Hanley, ND: Benson, VT. 96 hours. 10-20 clients daily (ADHD, Anxiety/Depression, Migraine and Epilepsy and substance addiction. 2007: Denver Metro 20+ pro bono clients (4004 -hours) before opening Lakewood office in 2008. Clientele: Migraine, ADHD, 2011— Neurofeedback Certification (Eeg Institute Woodland Hills, CA) Requisite: 3 yrs. in professional setting Client Case Studies — Reviewed/Accepted by Eeg Institute Personal Training: Case Studies (Eyes open and Eyes Closed Therapies) written submissions Coursework (cases) studies of field research, synopses and reports submitted Requisite 400 hrs. Othmer Method (actual: 2,000+ clinic hours OMC) Requisite Mentor Hours Othmer Method- 10 hours; actual 30 hours 2010- Bi-Polar Training Practicum Los Angeles, CA Eeg Institute 2009- Clinical Summit: (Advanced Neurofeedback wk. workshop—Eeg Institute ) 2008- NFB Trainers Practicum Level II -8 hrs. 2008- NFB Trainers Practcum Level III- 8 hrs. 2008- "Brain Brightening" Course —4 hrs 2009- Van Deusen - Consultations — 3 hrs. 2008: Sharrie Hanley, N.D., Clinic Internship- Vermont — 10 hrs. didactic 2010-2011— Richard Soutar, PhD — Current Continuous Education NewMind Brain Mapping System Instruction Colleague online seminar learning - 8 hours monthly Cumulative 120+ hours 2011-2012 — Yvonne Tate, PhD — Current Continuous Education Neuroguide Mapping Instruction —Current (continuous learning ) Mentorship and Internship Weekly —Cumulative 10 hours — (Current study) 2011-2012 — BCIA, Biofeedback Certification institute of America, beginning June, 20111 BCIA 36 didactic hours "Blueprint of Knowledge— Neurofeedback" and 36 hours "Anatomy and Physiology" 2011 — ISNR (International Society Neurofeedback Research) Attendance BAUD: Bio Acoustical Utilization Device Workshop LENS: Len Ochs Neurofeedback and Clinical Strategies Overview BRAINMASTER: Discovery 2 Score Training Workshop CNS Response: - REEG (specific mapping) Pharmaceutical Assessment Tool 2010 - ISNR- Membership anc Conference Attendance in Phoenix, AZ Lynda Kirk - Neurofeedback Pain Protocols -3 hrs, Lynda and Michael Thompson -BCIA exam prep Marvin Sams - Qeeg Cap and artefact challenges - 3 hrs 2010 — ISNR- Membership and Conference Attendance - Boulder CO Lynda Kirk—Neurofeedback Pain Protocols -3 hrs Lynda and Michael Thompson —BOA exam- prep 3 hrs Marvin Sams — Qeeg Cap, Brain Mapping and artefact challenges — 3 hrs Neurofeedback Presentations —Training and Supervising Home Trainees 2010-2011 Guest Speaker: Various Presentations Civic Groups, Support groups (FASD, Autism Spectrum) 2012 Currently available to Coordinate/host guest workshops on Attachment disorder and Neurofeedback lane Ryan Workshop Presenter Author, movie producer of The book and movie "The Boarder" about Attachment Disordered Children 2010-2012 Home Training Supervision —Addressing the needs of families who can benefit from neurofeedback but ()I IIA1I It MI 1 111 rIr CI ItI II it lON EEG Info recognizes / / r //%ll// _tPl/ /* as an O11 -1M1 It METIIC)D CERTIFIED NIEURC)FEEDRACK PROVIDER l he- flannel- Method Neurrifeedhuek CertiJie nliun ecbrhludrve a standard of excellence for Neurofeedbark a linii ians oho have demon prated a high level of rompelenee through eduto(ion, mentor -mg curd elmie gal e-rperienee. Certificate number ❑MIA ed Othmer, Chief Scientist Valid through June 20, 2015 One change, a new objective measurement test will be offered in lieu of existing QIK test. The QIK test (Objective Measurement tool) has been used in the past (sample included). The alternative replacement test will be made available for WCDHS review online upon request. Attached documents review Training processes and Scope of Services proposed. 1) Denver Neurofeedback (DNFB) will provide services to WCDHS on Saturdays in "Training Segments" of approximately 11 week blocks. Breaks will be arranged to match holidays and school breaks when possible. 2) An objective measurement test will be offered. (optional and not required). WCDHS may elect to utilize QIK test (attached) or ask DNFB to provide an optional (new tool) now available online to facilitate baseline objective measurements. 3) A one week break in service will follow each (approximate) 11 week Training Segment. 4) Neurofeedback Service will begin 8:30 Saturdays and end no later than 4:30. 5) A minimum of two training stations will be available hourly and accommodate up to 12 clients. WCDHS is billed individually for each referral's apportioned share. ( Fee Schedule attached) 6) DNFB will provide service, supplies, equipment and labor. 7) WCDHS will provide training space for Neurofeedback in Greeley or alternate location by mutual agreement. Alternately, DNFB will acquire training space in Greeley acceptable to WCDHS and adjust service fees to include cost of leased space. 8) 60 minute training sessions shall include a minimum of 45 minutes of actual training time, allowing 15 minute window for sensor placement, removal and clean up. 9) DNFB may sometimes utilize trainees or "interns" presented to WCDHS by email for advance approval. SCOPE OF SERVICES PROVIDED SYMPTOM CHECK LIST: Neurofeedback improvements are tracked via changes in symptoms and behaviors. A form is provided to Caregivers or Case Workers at the beginning to determine a referral's baseline concerns. The SYMPTOM CHECKLIST is referred to throughout the weeks or months of training to evaluate progress. PRE -POST OBJECTIVE TEST MEASUREMENTS The "QIK" test (or alternative test if elected) should be administered as early in the training process as possible to establish baseline performance. 45 minutes (min) required, allowing for a 21 minute test and 5 minute trial test. The trial confirms the tester understands the instructions and can capably perform the commands. The QIK test has a history of nearly two decades and is accepted as a reliable tool in testing Variability of Attention. Children experiencing ongoing uncertainty in protective custody have yielded less consistent measurements. A new objective measurement with 10 years of research is currently being evaluated by DNFB. It will be available for WCDHS review as a replacement to the QIK test. The new measurement has the benefit of online access, facilitating easier administration and is equally affordable. SYMPTOM and BEHAVIOR TRACKING: Option: An online tracking tool is available if WCDHS elects to make tracking optional for Caregivers. The tracking tool generates a graph over time with decreasing trend lines for improved symptoms and behaviors (attached). REPORTING• Weekly reports of trainee symptoms and behaviors should be offered to the Practitioner. Ideally, the reporting takes place during the hour the child is training while caregivers have recall of the prior week. It is beneficial to the program if Workers can help to set this expectation with Caregivers. Weekly reports help the Neurofeedback provider to make changes to protocols as needed. DNFB is available for montly teleconference calls upon request. This can help Workers to get questions answered in an open Q&A setting. Monthly reports to FIDOS system recap Caregiver and Case Worker reports collected during the month. REPORTING CONTINUED: Monthly team reports from Caregivers, Case Workers and Psychotherapists further aid the assessment of client's behavioral changes. DNFB shall continue to make best effort to attend meetings by teleconference upon request. DNFB COMMUNICATION WITH PSYCHOTHERAPISTS AND CASE WORKERS Process Request: DNFB requests Workers to establish a monthly phone time for brief updates. Monthly recap opportunities help the neurofeedback practitioner to gain information not available from Caregivers. This can help the practitioner make changes to training protocol decisions. As in past years psychotherapists are encouraged to call DNFB in situations where a client is not making significant progress. Information provided by Workers and Therapists can yield perspective not available to DNFB through the single channel of Caregiver reporting. IJEUROFEEDBACK TRAINING SESSIONS: Saturday Sessions: The one hour trainings will be conducted weekly using specialized computerized feedback technology. The exercise is effective for physical and emotional stress reduction. Neurofeedback "exercise" training creates accumulated self regulaton "learning" patterns. The self regulation learning lasts progressively longer as training sessions accumulate, similar to exercise a the gym. The training program is typically 2 segments of approximately 10 sessions. The first segment is expected to result in reports of important reductions in physical complaints (seep dysregulation, explosive behavior, problems with wetting and soiling, body tension, headache, etc.) While emotional calming and reductions in negative emotional behaviors are expected during the first segment, it is more common to hear more consistency in emotional control, shorter episode duration and less intensity during the 2o° segment. Permanent Learning: A process of "consolidation" takes place approximately around 20 hours of accumulated training. Consolidation of learning is needed to establish permanence of neurofeedback patterns (similar to riding a bike). Using the bike analogy, the rider "wobbles" until balance is found. With neurofeedback training "no wobble" might be defined as the point at which a client can retain benefits for several weeks after the last training session. Consolidated learning is presumed and neurofeedback sessions can end. Fee Schedule — Neurofeedback Training Fees 2014-15 (No change from 2013-2014 contract) Chart of hourly fees based on number of children receiving Neurofeedback each Saturday. client's apportioned share of $400 daily fee. WCDHS provides 4 children minimum per Saturday WCDHS Trainees Invoice per Trainee Daily fee Compare @$100 Daily Savings per hour rate With DNFB Rates 4 Children 100.00 $400.00 $400.00 $0.00 5 Children 80.00 $400.00 $500.00 $100.00 6 Children 66.67 $400.00 5600.00 $200.00 7 Children 57.14 $400.00 5700.00 $300.00 8Children 50.00 $400.00 $800.00 $400.00 9 Children 44.44 $400.00 $900.00 $500.00 10 Children 40.00 $400.00 $1,000.00 $600.00 11 Children 36.36 $400.00 $1,100.00 $700.00 12 Children 33.33 $400.00 $1,200.00 $800.00 Annual Contract: $400 Daily Fee X 11 Saturdays Per Training Segment = $4,400 per Segment $4,400 per Segment x 4 Segments per year = $17,600 Annual NF Budget Fee Schedule - Assessment Tool (QIK TEST or Alternative Online Objective Measurement ) Test administered before first NE session and following last session (Pre and Post) @ $40 x 2) Annual Budget approximately $1,900 (based on number of referrals trained annually) DNFB Fee Industry Savings Std. Fee Pre Test Post Test Total $40.00 $40.00 80.00 $100.00 $75.00 $175.00 $ 60.00 S35.00 $95.00 WRITTEN CLARIFICATION OF FEES Leahy Neurofeedback Center, Ilc, dba Denver Neurofeedback (DNFB) will provide neurofeedback services to Weld County Human Services (WCDHS) for approximately eleven consecutive Saturdays, beginning on (date TBD) by WCDHS. Approximately four " Segments" are proposed annually. DNFB will begin services at 8:30 am. Each Saturday and end not later than 4:30 pm., allowing seven one hour periods of neurofeedback with two work stations simultaneously training up to 12 children. The bid for services assures Four Hundred Dollars ($400.00) per service day. In the event WCDHS is unable to schedule use of 12 available clients during a given Training Segment, DNFB allows WCDHS to invite or refer "Guests" (i.e. Post Adopted Children, etc) to fill vacancies. DNFB is responsible to collect Guest fees and shall credit (reduce WCDHS daily rate $400 accordi ngly, regardless of DNFB's ability to successfully collect Guest fees). Example 1: b"JCDHS provides 12 clients (100% program occupancy ). Each Client is billed apportioned share (Fee schedule follows): ($400 / 12 clients = $33.33 ) Example 2 vJCDHS provides tb cents (2 Clients ABSENT) 10 WCDHS Clients apportionate share ($400 /10 clients= 4U.(1,O ) Example 3: (Guest Credits) WCDHS prov.ces ' 2 Cheats (2 Clients ABSENT) Guest fill 2 "vacancies" WCDHS receives credit for 2 Guests: 10 WCDHS clients + 2 Guest credits = 12 cbent rate ($400 / 12 clients = $33.33 ) WCDHS earns lowest $33.00 rate vs $40.00 /client using GUEST credits. Proposal is a change from 2012-2013 (14 clients) to 2013-14 (12 clients). The reduction creates a sustainable model needed to meet legal requirement (lunch break) for technician employees. The 8:30am-4:30pm window facilitates 6 hours of training (up to 12 clients) , one hour lunch break plus one hour to accommodate 2 Guests if county elects, for a total of 14 avail able training chairs. Guests during 2012-13 helped reduce fees by filling inevitable weekly WCDHS client absences. WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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 PY-14-15-CORE-0215 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide Neurofeedback Training to foster children referred by the Department. 2. Services will occur at the Parent Education Center, a leased facility of the Department, in Greeley, CO, or at Contractor's office in Lakewood, CO 3. The Department will provide "office space", located in the Weld County Department of Human Services' Parent Education Center located at 710 North 11`h Avenue, Greeley, Colorado, hereinafter referred as "the Premises", as follows: a. Department will provide one work space to the Contractor, as the Lessee, which will be located at the Premises. b. In consideration of leasing of the aforesaid, the parties covenant and agree as follow: i. The Department will charge no rent to the Contractor for use of the Premises; ii. Contractor agrees to use ordinary care when using the Premises; iii. Contractor may not sublet any part of the Premises; iv. Contractor may not use the Premises for any purpose other than conducting the business and duties under the Agreement; v. Contractor shall keep the Premises clean and in sanitary condition; vi. Contractor shall allow Human Services any reasonable hour of the day to enter into or upon the Premises. 4. Services will be provided by Susan Leahy, OMC Certified Neurotherapist. 5. Services will be provided by appointment only. Contractor will operate one day per week (Saturday), 8:30 a.m.-4:30 p.m., unless otherwise agreed to by the Department and Contractor. Contractor will notify the Department in advance of any breaks in service due to holidays or personal time off. 6. Contractor will give priority to clients referred by the Department but services will be made available to post -adoptive families and general public with Department and Contractor approval if space is available. 7. Contractor will accommodate up to twelve (12) clients per day, utilizing at least two (2) work stations for a maximum of seven (7) hours per day. Contractor is permitted a one -hour lunch break and may elect to use that time for private pay clients as approved by the Department. 8. Contractor will solely determine charges to be paid by the Department by the total number of clients served per day of service. The total number of clients will be calculated based on the number of clients, both Department referrals and private pay, who complete services on any one day. 9. Contractor will only request reimbursement from the Department for those clients referred by the Department and authorized under Department funding as evidenced by an authorized referral form. 10. Contractor is solely responsible for collecting fees from private pay clients. For the purposes of this agreement, "private pay" clients are defined as clients not referred by the Department or authorized under Department funding. The Department will not be held liable for Contractor's inability to collect fees and such inability will not impact or change charges to the Department. 1 PY-14-15-CORE-0215 11. Contractor will provide scheduling by phone. Contractor will provide the Department a final schedule following each day of service that shows all clients scheduled for services and the status of their services for that day; "Completed" or "Failed to Attend". 12. 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. 13. Contractor will conduct a phone conference with the referring caseworker and caregiver prior to the start of any new referral when possible. If a referral arrives within the same week as the client's first appointment, contact with the caseworker and/or caregiver may occur the day of the first appointment or following the first appointment. 14. Contractor will assess each referred client prior to the start of Neurofeedback training utilizing the "QIK" Test. The test measures an individual's continuous performance under low versus high demand "tasks". For purposes of the Neurofeedback training, it will provide an objective measurement to establish client baseline performance. Contractor will reassess each client at the conclusion of each training segment (usually after approximately 10 sessions), with consolidation of learning occurring after approximately 20 sessions. 15. Contractor will require the caseworker and/or foster parent to complete a Symptom Behavior Checklist weekly for each referred client. The checklist utilizes a Likert scale and takes approximately three minutes to complete. Additionally, a brief list will be provided to the caregiver for daily completion between sessions. 16. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 17. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 18. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise directed by the Department. 19. CONTRACTOR agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 20. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 21. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision 2 PY-14-15-CORE-0215 Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staff ngs and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3 PY-14-15-CORE-0215 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, 2015. 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 or amend it accordingly. 2. Fees for Services $100.00/Session/Client (4 Clients/Day) $80.00/Session/Client (5 Clients/Day) $66.67/Session/Client (6 Clients/Day) $57.14/Session/Client (7 Clients/Day) $50.00/Session/Client (8 Clients/Day) $44.44/Session/Client (9 Clients/Day) $40.00/Session/Client (10 Clients/Day-Greeley or per sessions/client-Lakewood) $36.36/Session/Client (11 Clients/Day) $33.33/Session/Client (12 Clients/Day) $40.00/Episode (C0IK Pre- and Post Test) $40.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting -by Phone 8-10 am) $60.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting -by Phone 10a -Sp) 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 1 PY-14-15-CORE-0215 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 7`h 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 2 l a ARCERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYYI 07/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Jolene Johnson(0715506) 14 Inverness Dr E Ste 8232 Englewood CO 80112-5619 CONTACT NAME: L e OPH0NENo Fa, 303-766-8130 INC No): AIL ADDREss: jjohnson8gfarmersagent com INSURER ($) AFFORDING COVERAGE NAIG A INSURER A: Truck Insurance Exchange 21709 INSURED DENVER NEUROFEEDBACK 7500 W MISSISSIPPI AVE 8180 LAKEWOOD CO 80226 INSURER B: Farmers Insurance Exchange 21652 INSURER c: Mid Century Insurance Company _ 21687 INSURER O: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNS R TYPE OF INSURANCE ADDLSUBR INS P WVD POLICY NUMBER POLICYEFF POLICY EXP IMMIDDIYYYYI IMMIDD/YYYYI LIMITS LTR EACH OCCURRENCE S 1,000,000 GENERAL LIABILITY • DAMAGE TO RENTED PREMISES (Es occurrence $ 75 GOO X COMMERCIAL GENERAL LIABILITY —• I '! MED EXP(Any one person) 5 5,000 CLAIMS -MADE �X ' OCCUR 1,000.000 604741151 06/01/2014 06/01/2015 PERSONALSADVINJURY s B r--'. GENERAL AGGREGATE E 2,000,000 PRODUCTS- COMPIOP AGG S 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER. • F. --.PRO- �• LOC POLICY S AUTOMOBILE 7 I I--+ I 'sr LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED I AUTOS AUTOS NON-OWNED OMBINED SINGLE LIMIT LJEa accident) S ' BODILY INJURY (Per person) I $ BOOILY IN JURY (Per accident) S PROPERTY DAMAGE $ PROPERTY accident i S EACH OCCURRENCE S UMBRELLA LIAR J OCCUR AGGREGATE S EXCESS LIAB I CLAIMS -MADE OW I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRiETOR/PARTNER/EXECUTIVE L OFFICER/MEMBER EXCLUDED? (Mandatory In NH) II yOS. 00,0100 under OF OPERATIONS below NIA WC STATU- OTH- I TORY LIMITS I I FR E. L. EACH ACCIDENT S I E . DISEASE - EA EMPLOYEE $ I E.L. DISEASE. POLICY LIMIT S DESCRIPTION DESCRIPTION RIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Addalonal Remarks Sciedul, if more space Is required) 7500 W MISSISSIPPI AVE 8180, LAKEWOOD, CO 80226 CERTIFICATE HOLDER MC COMMERCIAL REAL ESTATE 2600 S PARKER RD SUITE 5-350 AURORA CO 80014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hiscox Inc. HISCOX CERTIFICATE OF INSURANCE Effective with UNDERWRITERS AT LLOYD'S, LONDON Hiscox Inc. 520 Madison Avenue 32nd floor, New York. NY 10022 (914)273.7400 In accordance with the authorization granted to Hiscox Inc. under Contract No. B12341NCS362413 by certain Underwriters at Lloyd's, London, whose names and the proportions underwritten by them can be ascertained by reference to the said Contract, which bears the Seal of Lloyd's Policy Signing Office and is on file at the office of the said Agency and in consideration of the premium specified herein, the said Underwriters do hereby bind themselves, each for his own part and not one for another, their heirs. executors and administrators, to insure as follows in accordance with the terms and conditions contained or endorsed hereon. Broker No. Certificate No Renewal of: US 0000368 MEO1245535.13 MEO1 245535.12 Declarations 1. Named Insured: Health Care Insurers a division of Risk Placement Services 7011 Campus Drive Suite 200 Colorado Springs, Colorado 80920 Allied Healthcare Professional Liability (Claims made basis) Leahy Neurofeedback Center. LLC dba Denver Neurofeedback 2. Address: 7500 W Mississippi Ave Lakewood, Colorado 80226-4550 3. Professional Services: Solely in the performance of neurofeedback services. 4. Limits of Liability: including Damages, Claim Expenses, and Supplemental Payments a. Limit $ 1,000.000 Each Claim b. Limit $ 3,000.000 in the Aggregate for all Claims 5. Deductible: including Damages & Claim Expenses, but not Supplemental Payments $ 1,000 Each Claim 6. Notice of Claim to: Hiscox I Attn: 520 Madison Avenue, Claims Department 32nd Floor New York, N 10022 I HiscoxClaims@hiscox.com 7. Policy period: Inception date: 12,01/2013 Expiration date: 12/01/2014 Inception date shown shall be at 12:01 A.M. (Standard Time) to Expiration date shown above at 12:01 AM. (Standard Time) at the address of the Named Insured. 8. Retroactive Date: 1201 %2011 9. Date of Application: 12/01/2011 10. Premium: $ 1,250.00 Processed Date: 10/28/2013 10.A Additional Charges $ 75.00 - Administrative Fee 11. Endorsements: (1) E65.1. (2) El 57.2. (3) E240.8. (4) E873.1, (5) E9990.2 12. Extended Reporting Period: a. 12 months at 75%, b. 24 months at 125%, c. 36 months at 150% of the annual premium The Certificate terms and conditions contained herein or endorsed hereon and such other provisions, agreements or conditions as may be endorsed hereon or added hereto are hereby incorporated in this Certificate. No representative of the Underwriters shall have power to waive or be deemed to have waived any provision or condition of this Certificate unless such waiver, if any. shall be written upon or attached hereto; nor shall any privilege or permission affecting the insurance under this Certificate exist or be claimed by the Insured(s) unless so written or attached. IN WITNESS WHEREOF this Certificate has been signed at New York. New York AHCPLDEC05. 01 07 PY-14-15-CPS-0001 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND TRUTH CORPORATION DBA ACCOUNTABILITY POLYGRAPH SERVICES This Agreement, made and entered into the// day of 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Truth Corporation DBA Accountability Polygraph Services, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Child Welfare Administration funding to the Department for Polygraph Examination. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2, Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 40/c- X2& PY-14-15-CPS-0001 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. d. Contractor agrees to submit a monthly report with the billing statement by the 7`" 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 Response to the Request for 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 2 PY-14-15-CPS-0001 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 A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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. sea.; 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 3 PY-14-15-CPS-0001 - 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.5.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CPS-0001 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CPS-0001 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. ii. 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. 6 PY-14-15-CPS-0001 Hi. 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. g. 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. 7 PY-14-15-CPS-0001 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 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. 8 PY-14-15-CPS-0001 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. 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 Gale S. Page, President 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 1970)352-1551 18. Litigation For Contractor: Gale S. Page, President 68 Inverness Lane East, #201 Englewood, CO 80112 1303) 799-6688 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. 9 PY-14-15-CPS-0001 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. 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 §§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 10 PY-14-15-CPS-0001 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 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. 11 PY-14-15-CPS-0001 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-CPS-0001 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. 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. 13 PY-14-15-CPS-0001 35. 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. 14 PY-14-15-CPS-0001 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST. Weld County Clerk to the Board By: �) Deputy Clerk the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 63 Douglas Rademacher, Chair AUG 1 1 2014 TRUTH CORPORATION DBA ACCOUNTABILIT _ 'OLYGR• PH SERVICES By: Gale S. Page, President 15 o2b/q-?Selo EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. B1400069 Ill. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. 81400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. CI. 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. Page 4 Bid No. 61400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. 81400069 beneficiary only. H. 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. I. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: Page 6 Bid No. 61400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. A provider of Professional Services (as defined in the Bid or PPP) 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. 81400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. 81400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. 61400069 SERVICE AREA DEFINITIONS Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. 61400069 ...u.+... - .alt:.. .— c _ __ .SAP' ciol it it _ o ..x� `• _ Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND «CONTRACTOR1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. 81400069 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 A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. 81400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services, This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. 61400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State Pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, a 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit -$500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. 61400069 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. 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 «RepFName» «RepLName», «RepTitle» 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: «NoticeFName» «NoticeLName» «Addressl», «Address2» «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACT0R1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. 61400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. B1400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. B1400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. B1400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. 81400069 (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; * $2,000,000 products and completed operations 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. (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. 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 20 Bid No. B1400069 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 on www.lns-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2O14, through May 31, 2O15, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. 81400069 SERVICE AREA DEFINITIONS Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 •.mss Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 EXHIBIT B CONTRACTORS RESPONSE TO REQUEST FOR PROPOSAL Weld County, Colorado Department of Human Services Bid # B1400069 Company Profile Truth Corporation dba Accountability Polygraph Services (APS) is the name of a Colorado corporation. EIN 27-3133023. APS was established in 1993. APS examiners, since that time, have provided polygraph testing for an estimated 20,000 clients; testing for a wide variety of issues. APS offices are located in a 1200 SF office suite in the Inverness Business Park at 68 Inverness Lane E. #201 Englewood, CO 80112. APS has no other office locations although examiners are able, with today's technology, to provide exam services in all areas of the state of Colorado. APS currently employs one certified full time examiners and an office manager. APS is actively seeking the services of another full time polygraph examiner. This position should be filled soon. APS has never had a complaint against the company involving litigation. Resumes that are included in another portion of this bid packet, document the work experience and certifications of the professional staff. The most important qualification is the certification of each examiner by the American Polygraph Association (APA). Each professional member of our staff is listed, in good standing, with the APA and the Colorado Sex Offender Management Board (SOMB). APS is fully qualified to bid and perform polygraph testing for Weld County clients. APS is not bidding on any other program services listed in RFP # B 1400069. Accountability Polygraph Services Response to Weld County DHS RFP # B1400069 Polygraph Testing Per examination — allow 2 '/1 hours per exam $250.00 Travel to Weld County for onsite services per visit (trip charge) $100.00 Qualifications: Examiner can perform up to 3 exams in a day. If the total number of exams exceeds 3, an additional trip charge for the second day's visit will be required. Contract period pricing — June 1, 2014 through May 31, 2015. I hereby waive my right to a sealed bid. AMERICAN POLYGRAPH ASSOCIATION NATIONAL OFFICE - ROBBIE BENNETT, Manager 951 EASTGATE LOOP, SUITE 800, CHATTANOOGA, TENNESSEE 37411-5808 MAILING ADDRESS: P.O. BOX 8037, CHATTANOOGA, TENNESSEE 37414-0037 423/892-3992 - 1-800-APA-8037 — FAX 423/894-5435 e-mail: manager@polygraph.org— http://www.polygraph.org 20MAR14 TO WHOM IT MAY CONCERN The official records of the American Polygraph Association indicate that: JASON A. PAGE Is a member of the American Polygraph Association in good standing. tacis<etspeko Lisa K Jacocks Acting National Office Manager APA National Office 8OO-272-8O37 DEDICATED TO TRUTH 'District of Columbia Corporation Since 1966" Jason "JP" Page, BA, PDD Curriculum Vitae EDUCATION Union College, Lincoln, Nebraska - 2003 Baccalaureate Degree in History WORK EXPERIENCE 68 Inver "` ss tie East S e2 Englewood, C040112 -' (303)89=.6688 jpage@apoltgraph.com Accountability Polygraph Services August 2010 - Present Psychophysiological Detector of Deception (Polygraph Examiner) Responsibilities include administering polygraph examinations and other polygraph related services for attorneys, private clients, and post -conviction sex offender clients. Has completed 2,000+ examinations at Accountability Polygraph Services. PROFESSIONAL ORGANIZATIONS American Polygraph Association 2010 - Present Associate Level Member Colorado Sex Offender Management Board Full Operating Level Examiner CONTINUED TRAINING 2010 American International Institute of Polygraph Polygraph School - American Polygraph Association Recognized Program Post Conviction Sex Offender Training - American Polygraph Association Recognized Program Colorado Sex Offender Management Board Juvenile Evaluation - Treatment and MDT Collaboration Colorado Department of Public Safety Clinical Supervision Training 2011 American Polygraph Association - 2011 Annual Conference New Technologies to Detect Non -Verbal Patterns in Deceivers Jason "JP" Page, BA, PDD 68 Inverness Lane East Suite 201 Englewood, CO 80112 (303) 799-6688 jpage@apolygraph.com Linguistic and Vocal Patterns: Differentiating Truthful and Deceptive Responses Test Question Construction The Games Monsters Play PSCOT: Examiner's Perspective PSCOT: Legal Implications PSCOT: Civil Commitment Process Supervising Sex Offenders the Abilene Way Interviewer Biases & Questioning Strategies New Technologies in Credibility Assessment Research Interview and Interrogation Techniques with Subjects of Separate Hispanic Cultures Polygraph in the Islamic Culture Colorado Sex Offender Management Board Annual Conference Problematic Sexual Behavior in Children & Adolescents with Pervasive Developmental Disorders Games Offenders Play Neuro Linguistic Programming Many Tracings: Getting the Most out of Polygraphs 2012 Colorado Sex Offender Management Board Annual Conference 2013 Colorado Sex Offender Management Board Annual Conference American Polygraph Association - 2013 Annual Conference Interviewing Techniques for the Pre -Employment Setting Pre -Employment Polygraph Testing: The Real Mission Jason "JP" Page, BA, PDD Validated Polygraph Techniques Polygraph and the Law A Comparison of Test Data Analysis Models Countermeasures 68 Inverness Lane East Suite 201 Englewood, CO 80112 (303) 799-6688 jpage@apolygraph.com Special Issues in Polygraph Testing -Data and Decisions, Research/Quality Control/ Reality, Victims and Validity Using and Reporting Normative Data for Diagnostic and Screening Polygraphs Field Application for PSCOT Examiners - Defensible Principles of Testing Elicitation Techniques Using Verbal/Non-Verbal Indicators Interview and Interrogation Applied Physiology: Diseases of the Autonomic Nervous System Planning for Interrogation Deception Detection in Body Language PRESENTER Victim Orientation to Sexual Offender Probation: How the System Works June 14, 2011 Department of Youth Corrections: Orientation to Polygraph Testing June 23, 2011 What's New in Polygraph: A Presentation to the Probation Officers of the 18th Judicial District March 8, 2012 What's New in Polygraph: A Presentation to the Treatment Providers of CARE -NET March 30, 2012 Polygraph Basics: A Presentation for the Boulder Public Defenders July 11, 2012 Polygraph Basics: A Presentation for the Adams County Department of Human Services October 26, 2012 Jason "JP" Page, BA, PDD Polygraph Q & A: A Presentation for the 18th Judicial District Diversion Office July 17, 2013 Polygraph Basics: A Presentation for the August 6, 2013 Polygraph Basics: A Presentation for the August 23, 2013 Polygraph Basics: A Presentation for the January 9, 2014 EXPERT WITNESS TESTIMONY February 14, 2013 - Witness for Attorney Stuart Anderson in Westcliffe, Colorado. March 14, 2013 - Provided a deposition for Paul Prendergast in Littleton, Colorado. 68 Inverlpess Cane East. Suite 201 Englewood, CO; 80112 (303) 799-6688 jpage@apolygraphcorn Office of the Office of the Savio House Colorado Public Defender - Part I Colorado Public Defender - Part II - Colorado Springs PY-14-15-CPS-0001 EXHIBIT C SCOPE OF SERVICES 1. CONTRACTOR will provide Sexual Abuse Treatment Services in the form of Polygraph Services for youth engaged in offense -specific treatment through a program that does not include polygraphs, as referred by the Department. 2. If the youth is on Probation, the cost of each referred polygraph will alternate between Probation and the Department. 3. CONTRACTOR will submit a written report to the referring caseworker within two (2) weeks of completion of the service. 4. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any youth whom the CONTRACTOR is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately. 5. 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. 6. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 1 PY-14-15-CPS-0001 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, 2015. 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 or amend it accordingly. 2. Fees for Services $250.00/Episode (Polygraph Examination) $100.00/Episode (Travel to Weld County for on -site services) 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 7`" 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 1 ® ACORQDATE aaa........v CERTIFICATE OF LIABILITY INSURANCE (MMIDDIYYYY) 3/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Keller -Lowry Insurance IncPHONE 1777 S Harrison St #700 Denver CO 80210 CONTACT Teresa Heupel (303)756-9909 FAX (303)756-8818 fAjcE3A No,Fril IAIC Nol: ADDARESS: icanhelp@kellerlowry.com INSURER(S) AFFORDING COVERAGE NAIL N INSURERA Owners Insurance Company 32700 INSURED Truth Corporation, DBA: Accountability Polygraph Services 68 Inverness Lane East Ste. 201 Englewood CO 80112 INSURER B:Pinnacol Assurance 41190 INSURER CAXis Insurance Company 37273 INSURER D: INSURERE: INSURERF: :13-14GL, AU, WC, PRIV • V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP IMMIDIY DYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 7456282713 9/1/2013 9/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 I CLAIMS -MADE X OCCUR PERSONAL& ADV INJURY $ 1,000,000 X ADDITIONAL INSURED GENERAL AGGREGATE $ 2,000,000 X WAIVER OF SUBRO PRODUCTS- COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. GEPRO- X' POLICY 7 JFCT 7 LOC $ p' AUTOMOBILE X LIABILITY X SCHEDULED NON.OWNED AUTOS 7456282713 NO OWNED AUTOS 9/1/2013 9/1/2014 CMBINE(Ea acodenDt SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ OPPROPERTY DAMAGE P(Per P $ $ UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DEO I I RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED/ (Mandatory in NH) Il yes describe under DESCRIPTION OF OPERATIONS below Y / N Y NIA 4142788 9/1/2013 9/1/2014 X IT STA ITS I 10TH_ FR E L EACH ACCIDENT $ 100,000 E L DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE -POLICY LIMIT $ 500,000 C NETWORK SECURITY AND PRIVACY INSURANCE LAT000P0015769001 DED $500 7/3/2013 7/3/2014 PER AGGREGATE $1,000,000 PER CLAIM $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedu e, N more space is required) Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents are Additional Insured for General Liability as required by written contract with Insured subject to the terms and conditions of the policy contract. CERTIFICATE HOLDER CANCELLA Weld County Department of Human Services PO Box A Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T Sibelius CIC CRM/TM ACORD 25 (2010/05) INS02S ,vmnnsl m © 1988-2010 ACORD CORPORATION. All rights reserved. Tha ernon name and Innn aro rnnietured marlec of ernon TRUTH -1 OP ID: EM I4CORO' CERTIFICATE OF LIABILITY INSURANCE 4,....---03/18/2014 DATEIMM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 925-462-8400 Granite Insurance & E -COMP F92S 6600 Koll Center Parkway #100 Fax: -462.8888 Pleasanton, CA 94566 Edwin Minassian NFMEACT PHONE I FAX IA/C, No, Ea1): (A/C, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC a INSURER A : Federal Insurance Company INSURED Truth Corporation DBA Accountability Polygraph Servi 68 Inverness Lane E St. 201 Englewood, CO 80112 INSURER B: INSURER C: INSURER D : INSURER E : INSURER F : • REVISION NUMBER: V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER MID POLICY NUMBER POLICY EFF (MDD/YYYYI M/ POLICY EXP IMM/DO/YYYYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 8224-2355 09/01/2013 09/01/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISES (Ea occurrence) $ MED EXP (Any one person) $ X I CLAIMS -MADE OCCUR PERSONAL BADV INJURY $ 1,000,000 X Prof E & O GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PR2 JE PER: LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N NIA I TORY LIMITS I I0 R E.L. EACH ACCIDENT S E. L. DISEASE - EA EMPLOYEE $ E . DISEASE - POLICY LIMIT $ A Professional Llabl Including GL X 8224-2355 09/01/2013 09/01/2015 Each Clai 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Weld County Departmnet of Human Services is Additional Insured with respect to the professional services of the insured. OL Weld County Department of Human Servcies 311 N. 11th Avenue Building B Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE �® 2010 ACORD CORPORATION. All rights reserved -. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD PY-14-15-CORE-0136 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VICTOR H. CORDERO, PSY.D. TA This Agreement, made and entered into the k day of q- , 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Victor H. Cordero, Psy.D., hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Core Services funding to the Department for Mental Health Services. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1, 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 1 ao/y ay7e PY-14-15-CORE-0136 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 7`h of the month, following the month of service, utilizing billing forms required by the Department. 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 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 Response to the Request for 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 2 PY-14-15-CORE-0136 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-CORE-0136 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is 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. 4 PY-14-15-CORE-0136 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et. sea. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-CORE-0136 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. b. Tvoes 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: i. 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. ii. 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. 6 PY-14-15-CORE-0136 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-CORE-0136 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. Trainin 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. 8 PY-14-15-CORE-0136 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. 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 Victor H. Cordero, Licensed Psychologist 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 f970) 352-1551 18. Litigation For Contractor: Victor S. Cordero, Psv.D. 2870 North Speer Boulevard, #240 Denver, CO 80211 f303-455-9480 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. 9 PY-14-15-CORE-0136 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. 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 §§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 10 PY-14-15-CORE-0136 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 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. 11 PY-14-15-CORE-0136 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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, e, C, and D. 12 PY-14-15-CORE-0136 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. 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. 13 PY-14-15-CORE-0136 35. 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. 14 PY-14-15-CORE-0136 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: `.de ny - 44 Weld County Clerk to the Board By: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: f 114k Deputy Clerk to a Board 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO VIGOR H. CORDERO, PSY.D. By: sr ademacher, Chair AUG 1 12014 vim\-I.C Victor H. Cordero, Psy.D ao�s'- 07f7. WELD COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21. 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 Various Services (as described on pages 12-14). 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 coot/ 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, Service Utilization 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. 81400069 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 Page 2 Bid No. 81400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. Page 3 Bid No. B1400069 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. Page 4 Bid No. B1400069 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. H. 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. (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: Page 6 Bid No. 81400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to 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. 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 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. 81400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 Pricin&: 1) The initial contract period shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. Page 10 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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 11 Bid No. B1400069 SERVICE AREA DEFINITIONS k u � Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. Page 12 Bid No. B1400069 Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. 81400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. B1400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of , by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 1 Bid No. B1400069 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. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 2 Bid No. B1400069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 3 Bid No. B1400069 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 5 Bid No. B1400069 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 6 Bid No. B1400069 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. 7 Bid No. 81400069 - 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. 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 «RepFName» «RepLName», «RepTitle» 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 1970) 352-1551 18. Litigation For Contractor: «NoticeFName» «NoticeLName», «Addressl», «Address2» «City», «State» «Zip» «Phone» 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. 8 Bid No. B1400069 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 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 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 relationship 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, 9 Bid No. B1400069 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 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 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et sea. 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. 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. 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. 12 Bid No. B1400069 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. B1400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 14 Bid No. 81400069 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 15 Bid No. 81400069 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. O. 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. 17 Bid No. B1400069 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 18 Bid No. 61400069 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 19 Bid No. B1400069 (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; * $2,000,000 products and completed operations 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. (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 20 Bid No. B1400069 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 on www.Ins-Cert.com and link the information to 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. 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. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 23 Bid No. B1400069 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS jS�r �Y{y Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 25 Bid No. B1400069 filiJ �Alf �4 .kr }ylt Y Y T Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services «Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 30 CONTRACTORS RESPONSE TO PROPOSAL From the office of: Victor H. Cordero, Psy.D., P.C. Licensed Clinical Psychologist 2870 Speer Blvd., Suite 240 Denver, CO 80211 Office (303) 455-9480 Fax (303) 433-0111 March 17, 2014 Company Name: VICTOR H. CORDERO, PSY.D. Licensed Clinical Psychologist Primary Staff Contact: Victor H. Cordero, Psy.D. Dr. Victor H. Cordero is a clinical psychologist, licensed in the State of Colorado since 1998. The primary focus areas of practice for the agency are subsumed under the general areas of clinical and forensic psychology. Dr. Cordero has extensive experience in providing psychological evaluations, mental health evaluations, offense specific evaluations, parenting capacity evaluations, parent -child interactional evaluations, offense specific evaluations, competency evaluations, criminal responsibility evaluations and individual and family therapy with adults and minors. Dr. Cordero has routinely and extensively provided expert witness and Court testimony in various metro area counties. Historically, for a span of over fifteen years, primary referral sources include various metro Denver and outlying Colorado County Department of Human Service agencies, probation offices, judicial officers, public/private attorneys, and other public/private mental health practitioners. Dr. Cordero has been endorsed as an expert witness in various county/district Court settings and in federal Immigration Court. Service referrals stem from child protection involved cases, terminations of parental rights cases, parenting capacity evaluations, criminally involved cases, litigation/mitigation factors, and other general Juvenile and/or criminal Court and civil Court related petitions and matters. Dr. Cordero is familiar and competent in all facets of a psychologist's role in the above noted procedures and processes, including those involved in Court preparation and testimony, ethical and common practices in the field. Dr. Cordero is also bilingual, speaking Spanish fluently and provides all services in the Spanish language when necessary and in a culturally competent manner. LOCATIONS Dr. Cordero has access to professional office locations in Denver, Greeley, Longmont, and in the tri-town area/South Weld County (firestone, Frederick, Dacono). Dr. Cordero also conducts evaluations on site at the various Department of Human Service satellite offices, detentions facilities, or other residential care agencies for adults and youth. Some elements of Parent -Child Interactional Evaluations are also performed in the parent or foster care provider home as well as DHS visitation centers in addition to in office/community based. Thank you for your consideration: {,�a¢. R Cndv , &.a Victor H. Cordero, Psy.D. Licensed Clinical Psychologist From the office of Victor H. Cordero, Psy.D., P.C. Licensed Clinical Psychologist 2870 Speer Blvd., Suite 240 Denver, CO 80211 Office (303) 455-9480 Fax (303)433-0111 SCOPE OF SERVICES MENTAL HEALTH SERVICES A. Adult, Adolescent, Child, Psychological Evaluations & Mental Health Evaluation Services 1. Psychological evaluation services are intended to provide clinical information requested by Human Services and will include/incorporate the following: a. Evaluation procedures, reports and recommendations will be designed to produce useful inquiry to specific referral questions. A licensed psychologist or qualified candidate under the supervision of a licensed clinical psychologist will complete all evaluations. b. Evaluators will make all reasonable efforts to collaborate with case related contacts prior to the completion of the evaluation either by personal contact, telephone contact, or via written communication including electronic communication. c. Evaluation reports will clearly state methods utilized, contacts made, tests administered, and results and recommendations relevant to the referral question(s). d. Evaluation and assessment content will be made available to the family or other relevant parties and will comply with the ethical Standards and Practice of the American Psychological Association and/or other legal demands. B. Parent -Child Interactional Evaluations 1. Parent -Child Interactional Evaluations are intended to provide clinical, observational data regarding parent -child dynamics, family member relatedness, or family dynamics and relatedness as these impact case management and treatment/intervention recommendations to improve family functioning and to assure child safety and integrity of the family. a. Evaluation procedures, reports and recommendations will be designed to produce useful responses to specific referral questions regarding the family and parent -child system. A licensed psychologist or qualified candidate under the supervision of a licensed clinical psychologist will complete all evaluations. b. Evaluators will make all reasonable efforts to collaborate with case related contacts prior to the completion of the evaluation either by personal contact, telephone contact, or via written communication including electronic communication. c. Evaluation reports will clearly state methods utilized, contacts made, tests administered, and results and recommendations relevant to the referral question. d. Evaluation and assessment content will be made available to the family or other relevant parties and will comply with the ethical Standards and Practice of the American Psychological Association and/or other legal demands. C. Individual & Family therapy Services a. Therapeutic services will be designed to address the needs of the Department, or referral requests, in line with the best interests of the child(ren) or family involved. b. Therapeutic services will be congruent with recommendations stemming from referral sources, or other evaluation procedures previously performed. c. Therapeutic approach is defined as cognitive -behavioral, short term, and outcomes based. d. Trauma focused and evidence based services are a priority of intervention. Dr. Cordero is trained and experienced in cognitive behavioral therapy, and can implement an integrative treatment approach to trauma for adolescents and children. He is currently being trained in Child Parent Psychotherapy for very young children. D. Consultation with Caseworkers 1. Service providers will consult with Human Service caseworkers regarding the integration of assessment results into the overall care plans for the child, adolescent, adult or family involved. These consultations will include impressions and evaluations of client need for the level of care and/or intervention and containment needed. 2. Service providers will facilitate the receipt of feedback regarding the rationale for decisions on any of the various issues contained within evaluation reports. From the office of Victor H. Cordero, Psy.D., P.C. Licensed Clinical Psychologist 2870 Speer Blvd., Suite 240 Denver, CO 80211 Office (303) 455-9480 Fax (303) 433-0111 HOURLY/PER EPISODE RATE Psychological Evaluations: $1,200 per unit ($350/Hour for partial evaluations) Mental Health Evaluations: $800 per unit ($350/Hour for partial evaluations) Parent -Child Interactional Evaluation: $800 per unit when a single report is required, additional $500 when two parents are involved, requiring distinct observational sessions and when a single report is requested. Individual Short Term Therapy: $100/Clinical Hour Family Therapy: $120/Clinical Hour Psychosexual Evaluations: $1,300 per evaluation Dr. Cordero is able to provide all services in Spanish or in bilingual format. Capacity for growth in the South Weld County Area is a goal dependent on Department need requests for the Summer of 2014. Victor H. Cordero, Psy.D. Licensed Clinical Psychologist 2870 North Speer Blvd., Suite 240 Denver, CO 80211 Office (303) 455-9480 Email: Vicordero@,aol.com EDUCATION and PROFESSIONAL CREDENTIALS Colorado Psychologist License Number 2722 September 95-96 Post -doctoral Fellowship -Rehabilitation Psychology Supervised one-year appointment. University of Colorado Health Sciences Center, University Hospital, Department of Rehabilitation Medicine. August 1995 Doctor of Clinical Psychology- Psy.D. University of Denver, Graduate School of Professional Psychology APA Accredited Program. August 94-95 Clinical Psychology Internship. Audie L Murphy Memorial Veterans Hospital, San Antonio Texas APA Accredited Internship. Emphasis on Division 40 criteria. May 1990 Bachelor of Arts -Psychology Bachelor of Arts -Communication Disorders and Speech Science Minor Emphasis - Chicano Studies University of Colorado, Boulder Bilingual -Spanish Fluency CLINICAL EXPERIENCE 10/96 -Current Clinical & Forensic Psychology Independent Practice & Director of Latino Behavioral Health Services Provide contract psychological services to various private, government, and public agencies. Services include psychological evaluations, cognitive assessment, parent -child interactionals, parenting capacity evaluations, competency evaluations, Court appointments as expert witness, and other referral questions. Client base includes individuals involved with the Department Victor H. Cordero, Psy.D. Licensed Clinical Psychologist of Human Services, corrections, community corrections, probation, juvenile justice and public/private attorneys. Extensive experience providing court testimony. All of the above services are also offered in Spanish. Mental health services include therapeutic interventions offered in individual, couples, family or group format. Psychological services are provided to address a variety of referral questions in both English and Spanish speaking populations. Child Family Investigator: trained as defined in Chief Justice Directive 04-08. Colorado Sex Offender Management Board approved evaluator and provider. Sex offense specific evaluations, offense specific treatment, and related services. Treatment and evaluation protocols adhere to the guidelines and standards of the CSOMB. 4/97-10/97 Outpatient Bilingual Therapist - Boulder County Mental Health Center Responsibilities included outpatient mental health services to adults, children, families, and geriatric clients of a community mental health center. Employed a brief therapy, solution focused approach. Therapeutic format included individual, group, family, and couples. Case management, client advocacy, and collaboration within a multi -agency system including schools, social service agencies, and medical institutions were regularly performed. 10/95-10/96 transplant Rehabilitation Psychology Post -doctoral Fellowship University of Colorado Health Sciences Center University Hospital Department of Rehabilitation Medicine (1900 Hours supervised clinical experience) Primary responsibilities included overseeing and providing cognitive evaluations, brief neuropsychological assessment, and psychological/behavioral medicine services to a 14 bed, multidisciplinary acute medical rehabilitation unit. In addition, behavioral medicine, cognitive and mental status evaluation consultation services were performed on various acute medical units throughout the hospital including neurology, neurosurgery, oncology, neuro-oncology, trauma, orthopedics, burn clinic, and services. Supervision of doctoral level students and psychology interns was formally conducted. 8/94-8/95 Clinical Psychology Intern Audie L. Murphy Memorial Veterans Hospital, San Antonio Texas Victor H. Cordero, Psy.D. Licensed Clinical Psychologist (1900 Hours of Supervised Clinical Experience) Full APA accredited internship program. Training year meets Division 40 guidelines for pre -doctoral training in neuropsychology. General duties included long-term and short term individual therapy with outpatients from a cognitive -behavioral perspective, and short term therapy with inpatients on the psychiatry ward, spinal chord injury ward, and outpatient substance abuse programs. Neuropsychological, personality and intellectual assessment of outpatient and inpatient adults was also regularly conducted. Patient populations included psychiatric, neurological disorders, vascular disorders, chronic pain and HIV/AIDS to name a few. Cultural and linguistic diversity was also a prominent aspect of the patient population and was regularly incorporated into the training program. Pre -Internship Clinical Experience 8/1/92 - 8/5/94 Referrals Corrections clients, Adams Community Corrections Program 1 100 Hrs. -Licensed Psychologist supervised Provided individual long and short term therapy, group therapy and psychodiagnostic assessment services to both residents and non- residents of a community corrections program. Vocational rehabilitation assessment services were also administered as necessary. ranged from post maximum security Department of to county court sentenced clients. 8/91 - 9/94 University of Denver, Professional Psychology Center 400 Hrs. -Supervised by multiple Licensed Psychologists. Individual, family and couples therapy to clients with a variety of clinical problems. Forensic evaluations, custody evaluations and other assessment cases were also conducted. 11/92 - 3/93 Denver Police Department, Victim Assistance Unit Supervised by Licensed Psychologist On call, after hours crisis intervention services to residents of the City and County of Denver. Interventions included on scene crisis intervention and de -briefings with victims of domestic violence, sexual assault, family death, burglary, and kidnapping. 2/93 - 5/94 Contract Bilingual Psychological Evaluations -Private practice Social Services Disability Evaluations 306 Hrs. -Supervised by Licensed Psychologist. Psychological evaluations and neuropsychological screenings were performed to assist in determination of disability compensation. Services were conducted in Spanish or Bilingually. 4/1/92 - 11/1/92 Denver Victims Service Center 560 Hrs. -Supervised by Licensed Clinical Social Worker. Duties included supervision of volunteer counselors for a 24 -hour Victor H. Cordero, Psy.D. Licensed Clinical Psychologist call victims of 8/1/91 -4/15/92 hotline for victims of crime. Responsible for crisis intervention, both by telephone and in individual short-term therapy, as well as psychoeducational groups, case management, follow-up and on - after hours pager rotations for English and Spanish speaking crime hotline . Servicios de la Raza -Adult/Family Mental Health 288 Hrs. -Supervised by Licensed Clinical Social Worker Provided short and long term therapy to individuals and families in an agency serving primarily Hispanic and Spanish speaking clients. Intake and patient case management were also conducted. 9/90 - 5/91 Denver Public Schools- Special Education Bilingual Evaluation Services. 1260 Hours -Provided bilingual or monolingual (Spanish) speech and language evaluation services for the Denver School District. Services were part of a multicomponent team comprised of Psychologists, Speech/LanguageTherapists, Social Workers and Education Specialists. Report writing and student staffing services were also required. 8/90 - 8/91 Boulder County Mental Health Center 1000 Hrs. -Supervised by Licensed Clinical Social Worker Primary responsibilities included outreach mental health services to individuals and families in rural areas of Boulder County. Individual and family therapy was conducted with the target population consisting of Hispanic and/or Spanish speaking low SES individuals and their families. 8/1/92 - 8/15/93 Clinic Assistant -University of Denver, Professional Psychology Center 240 Hrs.-Intake and information referral services to prospective patients/clients at the Graduate School of Professional Psychology Clinic. TEACHING EXPERIENCE Winter 1999 Summer 1993 Part -Time Faculty- Metropolitan State College of Denver Responsible for curriculum development and conducting course in Cross -Cultural Psychology. Graduate Teaching Assistant- University of Denver Cognitive Assessment Course Responsibilities included conducting two hourly lab sections per week. Duties included instruction in proper administration and scoring of intellectual assessment tools. Summer 1991 Boulder Valley Public Schools -Summer School ESL Teacher Victor H. Cordero, Psy.D. Licensed Clinical Psychologist Responsible for a 32 student classroom of ethnically diverse beginning English speakers. Students ranged from Junior High to High School in current enrollment. Responsible for curriculum content, lesson plans and recreational activity organization for the class. REFERENCES AVAILABLE UPON REQUEST Endorsed as an expert in various areas related to Clinical Psychology on multiple occasions in the following counties: -Denver County - Boulder County - Arapahoe County -Jefferson County - Adams County -Weld County -Maricopa County, Arizona -Federal Immigration Court/Denver Specific areas of assessment and clinical knowledge in the above cases have been related to cases involving but not limited to psychological assessment, competency, mitigating circumstances, mental health issues, criminal responsibility, risk assessment, dependency and neglect cases, parenting issues, removal, and various mental health related issues. Retained by defense and prosecuting attorneys/district attorney, county attorney, or at the request of The Court. Culturally and linguistically competent in issues related to Spanish speaking populations. \dive 'SY PSY.0002272 09/01/2013 08/31/2015 Number Issue Date Expire Date STATE OF COLORADO Department of Regulatory Agencies Div'e'nr n` Professions and Occupations PRINTED ON SECURE PAPE Actor Hugo Cordero Denver CO 80211 Division Director Signature PY-14-15-CORE-0136 EXHIBIT C SCOPE OF SERVICES 1. CONTRACTOR will provide Mental Health Services to individuals and/or families in Weld County referred by the Department. Services include the following: a. Psychological Evaluation — Evaluation includes a comprehensive evaluation of the client utilizing various assessment tools including standardized, objective, projective and otherwise normed instructions, as well as questionnaires, mental status examination and clinical interview. Testing and screening may include, but are not limited to, any of the following instruments; Wechsler Intelligence Scale -III or subtests, Universal Nonverbal Intelligence Test, other tests of cognitive/intellectual ability, Wechsler Abbreviated Scale of Intelligence, various informal cognitive/neuropsychological tasks, Minnesota Multiphasic Personality Inventory -II (MMPI-II), Personality Assessment Inventory (PAI), Millon Clinical Multiaxial Inventory -Ill (MCMI-III), Millon Adolescent Clinical Inventory (MAGI), Parenting Stress Index, Child Abuse Potential Inventory, Beck Scales of Depression and Anxiety, State Trait Anger Expression Inventory, Trauma Symptom Checklist for Children, and other screening/testing assessments. Face-to-face interview and testing time will range from five (5) to seven (7) hours, plus scoring, interpretation, collateral contacts and report generation. b. Psychosexual Evaluation — Evaluation includes a comprehensive evaluation designed to provide clinical, psychosexual, risk assessment and other relevant information in addition to additional input as requested. Evaluation will provide useful response to specific referral questions and will be guided by the Sex Offender Management Board (SOMB) Standards and Guidelines, with the interest of community safety being paramount. c. Interactional Evaluation — Evaluation of parent -child dynamics, family dynamics, capacity to parent and overall parent ability as determined by, but not limited to, in -person observation of the parent or family during visitation with the children, interview with the parent, parenting related questionnaires and collateral contacts. These evaluations can occur at scheduled visitation time at supervising agencies, the evaluator's office, or in the client's home. d. Mental Health Evaluation — Specific evaluation utilized to assess for the presence of specific mental, emotional, behavioral or psychological process. It is not a comprehensive evaluation of personality, global functioning or intellectual capacity. Assessment is completed utilizing screening instruments, symptom checklists, formal mental status examination, and clinical interview, as well as psychological evaluation tools as appropriate. Face-to-face interview and testing will range from three (3) to five (5) hours, plus scoring, collateral contacts and report generation. e. Individual and Family Counseling — Services to assist in identifying barriers to appropriate parenting. Interventions are designed to improve safety of children in the home, assist in stabilizing the home environment and adult/caregiver behaviors, and intervene in order to affect more positive, healthy family dynamics and functioning. 2. Services will be provided by Victor H. Cordero, Psy.D. 1 PY-13-14-CORE-0136 3. CONTRACTOR is bi-lingual (Spanish/English). 4. 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. 5. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 6. CONTRACTOR will document in detail any and all observed or verbalized concerns regarding any child whom the CONTRACTOR is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 7. CONTRACTOR will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise directed by the Department. 8. CONTRACTOR agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 9. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/ or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 2 PY-14-15-CORE-0136 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, 2015. 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 or amend it accordingly. 2. Fees for Services $1,200.00/Episode (Psychological Evaluation) $800.00/Episode (Mental Health Evaluation. Interactional Evaluation, One Parent/One Report.) $500.00/Episode (Interactional Evaluation, Additional Charge for Two Parent Evaluation/One Report) $100.00/Hour (Individual Therapy, 50 -Minute Session) $120.00/Hour (Family Therapy, 50 -Minute Session) $1,300.00/Episode (Psychosexual Evaluation) $350.00/Hour (Partially completed evaluation not to exceed the actual cost.) $100.00/Hour (Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) 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 7`h day of the month following the month the cost was incurred. Failure to submit by the aforementioned deadline may result in forfeiture of payment. PY-14-15-CORE-0136 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 2 Account Number: CO CORV 2820 Date: 5/21/14 Initials: LY CERTIFICATE OF INSURANCE DARWIN NATIONAL ASSURANCE COMPANY C/O: American Professional Agency, Inc. 95 Broadway, Amityville, NY 11701 800-421-6694 This is to certify that the insurance policies specified below have been issued by the company indicated above to the insured named herein and that, subject to their provisions and conditions, such policies afford the coverages indicated insofar as such coverages apply to the occupation or business of the Named insured(s) as stated. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE. Name and Address of Insured: VICTOR H. CORDERO, PSY.D. 2870 N SPEER BLVD STE 240 DENVER CO 80211 Type of Work Covered: PROFESSIONAL PSYCHOLOGIST Location of Operations: N/A (If different than address listed above) Claim History: Retroactive date is 05/21/2007 Additional Named Insureds: Coverages Policy Number Effective Date Expiration Date Limits of Liability PROFESSIONAL/ LIABILITY 5011-6206 5/21/14 5/21/15 1,000,000 3,000,000 NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED ON THIS POLICY AND HE OR SHE SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE OF CANCELLATION. Comments: THE FOLLOWING IS AN ADDITIONAL INSURED ON THIS POLICY: COUNTY OF BOULDER, STATE OF COLORADO AND CITY AND COUNTY OF DENVER/DEPT. OF HUMAS SERVICES This Certificate Issued to: Name: VICTOR H. CORDERO, PSY.D. 2870 N SPEER BLVD Address: STE 240 DENVER CO 80211 Aut orized Representative APA 00049 00 (05/2012) PY-14-15-HS-0044 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND HELE;t1E WURTH am' This Agreement, made and entered into the/I day of 2014 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of uman Services, hereinafter referred to as the "Department' and Helene Wurth, hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for 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 Child Welfare Administraton funding to the Department for Home Studies and Relinquishment Counseling. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on June 1 2014 upon proper execution of this Agreement and shall expire May 31, 2015 unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for 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 019,0/l/- a4'2& PY-14-15-HS-0044 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. 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 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 Response to the Request for 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 2 PY-14-15-HS-0044 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, 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 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 3 PY-14-15-HS-0044 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Child Welfare Administration funding. 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. 4 PY-14-15-HS-0044 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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. 5 PY-14-15-HS-0044 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 the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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: i. 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. ii. 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. 6 PY-14-15-HS-0044 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. 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. g. 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. 7 PY-14-15-HS-0044 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. Trainin 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. 8 PY-14-15-HS-0044 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. 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 Helene Wurth, Independent Contractor 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 1970) 352-1551 18. Litigation For Contractor: Helene Wurth, Independent Contractor 4306 Beaver Creek Drive Fort Collins, CO 80526 1970) 631-6235 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. 9 PY-14-15-HS-0044 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. 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 §§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 10 PY-14-15-HS-0044 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 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. 11 PY-14-15-HS-0044 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 Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 12 PY-14-15-HS-0044 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. 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. 13 PY-14-154-IS-0044 35. 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. 14 PY-14.15-HS-CC44 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld County Cierk to the Board By: o the Board Ir D A � Attorney WELD COUNTY DEPARTMENT OF HUMAN Sf,RVICES By: 15 BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO Douglas rr�1 cal C ademacher, Chair HELENE WURTH AUG 1 1 2014 HE'ere Wurth, Independent Contractor 07013/4 &3'7b PY-14-15-HS-0044 EXHIBIT A WELD COUNTY'S REQUEST FOR PROPOSAL BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY. MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service Utilization 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. 16 PY-14-15415-0044 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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 17 PY-14-15-HS-0044 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. 18 PY-14-15-HS-0044 If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. 19 PY-14-15-HS-0044 B. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 or benefits under the contract shall be an incidental 20 PY-14-15-HS-0044 beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. (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: 21 PY-14-15-HS-0044 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations 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. (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 on 22 PY-14-15-HS-0044 www.ins-Cert.com and link the information to 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. 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. 23 PY-14-15-HS-0044 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 24 PY-14-15-HS-0044 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 25 PY-14-15-HS-0044 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 26 PY-14-15-HS-0044 SERVICE AREA DEFINITIONS Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 27 PY-14-15-HS-0044 ,- Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 28 PY-14-15-HS-0044 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 29 PY-14-15-HS-0044 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND«CONTRACTOR1» This Agreement, made and entered into the _ day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the "Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B, Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, 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 «funding» to the Department for «Services»; and NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, 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 30 PY-14-15-HS-0044 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. 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 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, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 31 PY-14-15-HS-0044 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services, , Exhibit C, Contractor's Response to the Request for Proposal, 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 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 32 PY-14-15-HS-0044 - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and - all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, sex, religion, and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors and sub -contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is «funding». 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. 33 PY-14-15-HS-0044 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes (C.R.S.) 8- 17.5-101 et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor 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 this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he (a) is a citizen of the United States or is otherwise lawfully present in the United State 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 this Agreement. 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 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 34 PY-14-15-HS-0044 Commissioners of Weld County, its employees, volunteers and agents. Contractor shall provided the liability (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. 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. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease, covering all employees at the work site. General Liability (PL and PD) (Minimum) o Combined single limit - $500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below $500,000.00. o Weld County, State of Colorado, to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. Automobile Liability (Minimum) for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement, a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 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 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 35 PY-14-15-HS-0044 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. 36 PY-14-15-HS-0044 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. 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 «RepFName» «RepLName», «RepTitle» 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: «NoticeFName» «NoticeLName», «Addressl», «Address2» «City». «State» «Zip» «Phone» 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. 37 PY-14-15-HS-0044 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 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 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 relationship 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, 38 PY-14-15-HS-0044 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 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 39 PY-14-15-HS-0044 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 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. 40 PY-14-15-HS-0044 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et sea. and 424-50-507. 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. 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. 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. 41 PY-14-15-HS-0044 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, COLORADO Weld County Clerk to the Board Douglas Rademacher, Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A. Griego, Director «SigFName» «SigLNamen, «Title» 42 PY-14-15-HS-0044 EXHIBIT A REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 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. I. 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: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) 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: WEDNESDAY, MARCH 21, 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 Various Services (as described on pages 12-14). 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, Service 43 PY-14-154-IS-0044 Utilization 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. 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 behalf of a corporation shall be furnished. All corrections 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, Service Utilization 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. 44 PY-14-15-HS-0044 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 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. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 45 PY-14-15-HS-0044 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor 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 this Contract. If Contractor 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 a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. 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. 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. O. 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. 46 PY-14-15-HS-0044 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. 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. C. 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 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. D. 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. E. 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. F. 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. G. 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 47 PY-14-15-HS-0044 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 or benefits under the contract shall be an incidental beneficiary only. H. 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. 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, during any warranty period, and for three (3) years after termination of the Agreement. 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. 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. 48 PY-14-15-HS-0044 (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; * $2,000,000 products and completed operations 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. (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 49 PY-14-15-HS-0044 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 on www.lns-Cert.com and link the information to 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. 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. 50 PY-14-15-HS-0044 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi -Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above -mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) 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. 1) 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. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) 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. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 51 PY-14-15-HS-0044 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) 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 shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit 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: 2) Completed Provider Information Form with original signature of authorized representative. 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. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 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. 52 PY-14-15-HS-0044 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) 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. 8) 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). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) 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. 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. 53 PY-14-15-HS-0044 SERVICE AREA DEFINITIONS d• Jx .... .. 1o` Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out - of -home placement of the child. Aftercare Services Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family -based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home -Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in -home counseling. 54 PV -14 -15 -HS -0044 r,1 -4, i,4-; 4 •'c^Slvi'a n.t a .... ..... ,a e.. v Y ."t` ol2di,iioNi.- �"i4 v .ri-"'Yu StilAbffiC'...... ..:r§ xtd Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Homes Studies/Relinquishment Counseling Life Skills Visitation (both in -home and in -office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community -based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out -of -home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 55 PY-14-15-HS-0044 Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. 56 PY-14-15-HS-0044 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department, Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. 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. 57 PY-14-15-HS-0044 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 58 PY-14-15-HS-0044 EXHBIT 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, 2015. 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 or amend it accordingly. 2. Fees for Services <<Rate Schedule» 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 59 LAnlall b CONTRACTORS RESPONSE TO THE REQUEST FOR PROPOSAL PY-14-15-HS-0044 03/12/2014 To Whom It May Concern: 1 am a Private Practice Home Study Provider, and am the only employee of my practice. 1 am submitting this proposal to Weld County Department of Human Services for the contract year 2013-2014. I am proposing to work with the department as a SAFE Home Study Provider and Relinquishment Counselor. My home office is located in Fort Collins, but all home study and relinquishment counseling services will be provided in home or in the community. I have been on the SAFE Home Study Vendor list for the past 8 years. During that time I have provided home studies for adoption/foster and kinship families in Larimer, Weld, Boulder and Mesa Counties. I began working with Weld County DHS in 2006 providing SAFE Home Studies and Relinquishment Counseling Services. I just completed my seventh contract year with Weld County. I also currently hold a position working with the Crisis Assessment Center for Mountain Crest (a psychiatric facility in Fort Collins, CO). I have 7.5 years of experience working in mental health. I am also currently attending CAC certification courses and accruing my hours to become a certified substance abuse counselor. I have my CAC I license and am attending CAC II training classes and working towards my hours to receive my CAC II license. I am also trained as a SAFE supervisor. I have a history of responding to referrals within a timely manner, within 24 hours, being organized and being responsive to requests from supervisors and caseworkers. I have enjoyed contracting with Weld County and look forward to working with you again in the future. Please review my proposal and let me know if you have any questions. Thank you, Helene Wurth, BSW 4306 Beaver Creek Dr. Fort Collins, CO 80526 970-631-6235 hwurth@msn.com 60 PY-14-15-HS-0044 Helene Wurth SAFE Home Study/Relinquishment Counseling Scope of Services March 12, 2014 1. General description of Contractor, including target population, areas served, and program area being proposed: I am a private practice SAFE Home Study Provider. The population served by this contract is Weld County clients and residents, as well as family members/foster parents/adoptive families/kinship homes/ICPC families through out the state of Colorado. I will provide SAFE home studies, home study updates, court testimony (as required), as well as relinquishment counseling as referred by the Weld County Department of Human Services. I am willing to travel anywhere in the State of Colorado to complete home studies/updates and relinquishment counseling services. Initial contact with the prospective foster/adoptive/kinship families will be attempted within a 24 hour time frame (excluding weekends and holidays). I am available to complete home study appointments on a flexible schedule including daytime, evening and weekend hours. I will work collaboratively with the department, GAL's, the foster family coordinators and any other agencies involved with a specific case. 2. Type of service, rate for each service: Full Home Study: I will complete SAFE formatted adoptive, foster and kinship and ICPC home studies for families in Colorado. These home studies will be used to enhance the safety and well being of children as well as help with expedited permanency planning. The home studies will make sure that children are placed in a safe environment, protected from abuse and neglect by; 1. Completing a safety inspection on all homes; 2. Conducting all couples and individual interviews using the SAFE home study format; 3. Requiring families to complete SAFE 1 and SAFE 2 questionnaires; 4. Completing the SAFE psych social inventory for all perspective families; 5. Completing Department of Motor Vehicle checks on all prospective foster/adoptive/kinship/ICPC families (CBI, FBI, and Lexis Nexis background checks will be completed by the department); 6. Checking 3-4 personal and professional references for all prospective foster/adoptive/kinship/ICPC families. 7. All home studies will provide a complete historical evaluation of all adults in the home: including childhood and adult history, personal characteristics, martial issues, other children/adults in the home, extended family 61 PY-14-15-HS-0044 relationships, social environment, general and specialized parenting knowledge, training completed by perspective families, and adoption issues; 8. All home studies will be completed utilizing the SAFE tool developed by the Consortium of Children. I affirm that I am a SAFE certified worker and on the State of Colorado's approved home study vendor list. The home studies will take into account the risk of a child being placed in the home, and the likelihood that parenting behavior may be harmful and destructive to a child's needs, as well as the permanency and stability of the current living situation. These home studies will address a child's permanency by; 1. assessing the family relationships; 2. discussing the families ability to handle child specific needs; 3. assess the families ability to be a long term placement option for a child in out of home placement; 4. ability of the families to maintain appropriate biological family contact and kin like family connections; These home studies will address a child's well being by; 1. Assessing the families capacity to provide for a child's specific needs; 2. discussing the families ability to meet a child's educational, physical, mental health and nutritional needs; On all home studies I will make a recommendation regarding utilizing the families for adoptive/kinship/foster/and ICPC homes. All home studies will include 8 hours of face to face interviewing time per couple, including no less than 1 hour of face to face individual interviewing time per person. These interviews will occur over a period of 3-6 weeks with no less than 7 days time between interviews. Interviews will be completed over 3 separate home/community visits. A minimum of one visit will take place in the families' home. The average time of completion of the home study is 4-8 weeks. For single person households the home study will include no less than 4.5 hours of interviewing time. These interviews will occur over a period of 3-6 weeks with no less than 7 days time between interviews. The average time of completion of a home study is 4-8 weeks. All time frames are contingent upon the home study participant submitting background checks, SAFE questionnaires, references, and other information in a timely manner as well as their availability to schedule 62 PY-14-15-HS-0044 interviews. All home studies will be completed using the SAFE home study format. $1000.00 per full home study (up to 2 adults) $200.00 per each additional adult in the home $50.00/hr per home study referral cancelled before completion of the home study $ 0.56/ per mile- first 30 miles are included in base home study rate Home Study Update: I will complete SAFE formatted adoptive, foster, kinship, and ICPC home study updates for families in Colorado. I am willing to travel throughout the state of Colorado to complete these home study updates. The home studies will be used to enhance the safety and well being of children as well as help with expedited permanency planning. These home study updates will address safety, permanency and well being by; 1. Completing a safety inspection on all homes; 2. Assessing the families continued abilities to protect a child from abuse and neglect; 3. Assessing the families ability to deal with the child specific needs in the home; 4. making sure the families are meeting the educational, physical and mental health and nutritional needs of all children in the home; 5. document if there are any specific concerns noted from the professionals involved with the family; 6. reassess the families ability to maintain stability in their living situations; 7. document continued education and training completed by the family; 8. update historical information for all adults in the home; 9. Provide detailed documentation regarding any concerns specific to Weld County homes, including physical, emotional, educational, or behavioral issues. Child abuse would be reported immediately if necessary. 10. Make a recommendation regarding continued use of the home. Home studies will include a minimum of 3 hours of interview time per couple or 2 hours of interview time per individual. These interviews will be completed in a 1-3 week time frame. All time frames are contingent upon the home study participant submitting information in a timely manner and their availability to schedule interviews. These home study updates will follow the SAFE format. $450.00 per home study update Court Testimony: I will provide court testimony on an as needed basis for Weld County. $100.00 per hour 63 PY-14-15-HS-0044 Relinquishment Counseling: I will provide relinquishment counseling to parents considering relinquishing their parental rights, for families who are referred by the department. I will submit a written report and all appropriate affidavits and interrogatories. I am willing to travel throughout the state of Colorado to complete this service. $100.00 per hour 64 PY-14-15-HS-0044 Helene Wurth SAFE Home Study Vendor Rate Information: $1000.00/Episode (Full Home Study with up to 2 adults in the home) $450.00/Episode (Updated Home Study) $200.00/Episode (Each Additional Adult in Home/Full Home Study) $50.00/hr (Home study cancelled by Human Services) $100.00/hr (Relinquishment Counseling) $100.00/hr (Court Testimony) $35.00/hr (Interpretive Services) $0.56- (mileage) first 30 miles included in base rate 65 PY-14-15-HS-0044 Helene Wurth 4306 Beaver Creek Dr Fort Collins, CO 80526 (970) 631-6235 hwurth(a msn.coin Education: Bachelor of Social Work, Colorado State University, Fort Collins, CO: 1998 Metropolitan State College of Denver Bear Creek High School: Graduate 1994 SAFE Home Study Training: October 03, 2005 I am on the State of Colorado approved SAFE Home Study Vendor list SAFE Home Study Supervisor Training: March 24, 2011 SAFE Update Training- May 20, 2013 CAC I license 2014 Training in Beyond Consequence Live Training in Trauma Informed Care, 2006 and 2013 Experience: Weld County DHS contracted employee: June 06 -present Contracted worker performing SAFE home studies, home study updates, court testimony and relinquishment counseling services. Poudre Valley Health System (Mountain Crest): July 2007 -present I work in the emergency department where we perform mental health and substance abuse evaluations. My job duties include documentation, interviewing, crisis intervention, crisis telephone calls and working collaboratively with the medical and mental health community. I also co -facility a chemical dependency intensive outpatient program. Larimer County DHS: May 2005- April 2007 I worked completing SAFE home studies for prospective adoptive, foster and kinship families. Completed child protection investigations, attended court and testified as necessary, documentation, client contact, interviewing, mediation and participation in family meetings. 66 PY-14-15-HS-0044 Mountain Crest (Poudre Valley Health System): May 2003 -June 2005 I worked with adolescents in their residential treatment center. My job duties include providing mental health services, crisis intervention, mediation, treatment team planning, working collaboratively with other agencies, documentation and counseling. 67 PY-14-15-HS-0044 Logout MOM OM) M. Meta COLDRADO CHILD WrLEAR! TRAINING ACADEMY Supervisors Console Manage My AcoountRegisterTradc My TrainingCourse DesaiptionsRegistration GuidelinesTraining Provider InfoHow to Use This SiteFAQsContact Track My Training Welcome back hwurth@msn.com ClassesCohorts Don't see a class you're looking for? CurrentRequiredRecommendedHistoryTraining Hours .I Filter Title • Title Provid er Locatio RA rt e Status n Dro P. Cla ss — SAFE Refres her Trainin g CW/US M Trainin g Doubletr ee Stapleto n (previou sly Red Lion Hotel Denver Central) May 20, 201 3 Register ed Not Detai es Is «First <Prey pg 1 of 1 Next> Last» Title Provide Locati SIR ra Dat Status I on S Dro SAFE Supervi sor Training Consorti urn For Children Latter Day Saints Family Service Aurora Dec 02 , 201 0 Waiting Not es Detai Cla ss Is Dro SAFE Supervi sor Training Consorti urn For Children The Adopti on Exchan ge Aurora Mar 24, 201 1 Comple ted Not Detai p Cla ss es Is nrn CA r.,r+r...k; 1,- ,,-,- n,-+- rnmr.In F In1- nest-.; 68 PY-14-15-HS-0044 p Training urn For on 03, ted es Is CIa Children 200 ss 5 69 PY-14-15-HS-0044 COLORADO DEPARTMENT OF HUMAN SERVICES 1575 SHERMAN ST., DENVER, COLORADO 80203-1714 Agency Letter NUMBER: CROSS REFERENCE NUMBER: DIVISION OR OFFICE: Child Welfare Services Office of Children, Youth & Family Services DATE: SUBJECT AREA: Child Welfare - CW DIVISION DIRECTOR: SUBJECT: Adoption Home Assessment Vendor List #18 TYPE: I - Information DEPUTY EXECUTIVE DIRECTOR: Proposed Distribution: County Directors, Child Welfare Administrator(s), Child Welfare Supervisor(s) and Child Welfare Caseworkers. Purpose: This is the eighteenth in the series of agency letters to identify Child Placement Agency personnel, County Department personnel and individuals who meet the qualifications to conduct adoptive home study assessments. Background: Colorado established the original Adoption Home Assessment Vendor list in 1999. This list is the seventeenth and most recent updated version of the original list. The names and organizations on this list have completed the necessary training and provided the appropriate background information in order to meet statutory and regulatory inclusion on this particular list. Information: County Departments needing adoptive home studies completed may contract with the individuals, county departments or child placement agencies listed on the approved Adoption Home Assessment Vendor List. Child Placement Agencies listed under specific county departments have special licensing or contract arrangements and are authorized to work for only the county listed. Section 7.500.351 (12 CCR 2509-6) outlines the qualifications for the vendors on this list. The people on this vendor list are approved ONLY to complete adoptive home studies for children waiting for adoptive placement who are in the custody of Colorado's County Departments of Social/Human Services. Colorado's licensed adoption agencies may provide adoptive services as stated on their licenses. The individuals listed are not licensed or approved to conduct adoptions in the State of Colorado. Individuals and families who wish to adopt in Colorado must contract with a licensed child placement agency or a County Department of Human/Social Services. 70 PY-14-15-HS-0044 Page 2 It is not appropriate for individuals or families to contract with or hire any individual on this list for the purposes of completing a home study unless that individual or family is working with an adoption agency in Colorado. The individuals on this list are not approved to complete home studies for the purposes of families adopting a child in another state or another country, or families who have custody of a child and wish to adopt in Colorado. The Adoption Home Assessment Vendor List is updated periodically. Anyone desiring to be added to the list should send a completed application and supporting documentation to: Debbie Trull, Colorado Department of Human Services, Child Welfare Services, Adoption Unit, 1575 Sherman Street, 2nd Floor, Denver, Colorado, 80203-1714. Effective Date: March 2009 Supercedes: CW-08-07-I Contact Persons: Sharen Ford (303) 866-3197 Connie Vigil (303) 866-3209 To receive a copy of the application for inclusion on the vendor list, please contact Debbie Trull, Adoption Program Assistant, at (303) 866-3228 or debora.trullstate.co.us Attachments: Vendor Lists Attachment A — Individual Contract Workers Attachment B — Child Placement Agencies Attachment C — County Departments 71 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Attachment A Individual Contract Workers Joyce Shohet Ackerman, Ed.D 1750 25th Ave., Suite 101 Greeley, CO 80631 (970) 353-3373 phone (970) 353-3374 fax Beverly J. Adams 7670 W. David Dr. Littleton, CO 80128 (303) 972-4222 phone (303) 932-8701 fax Tina D. Albert, MA 4753 Berkshire Ct. Boulder, CO 80301 (303) 530-0277 phone Kari Anderson 6285 Lehman Dr., Suite 102 Colorado Springs, CO 80918 (719) 302-2886 phone Megan Lyn Baki 4900 S. Ulster St. #18-202 Denver, CO 80237 (720) 334-4224 phone Sarah J. Ballard 9085 E. Mineral Cir., Suite 170 Centennial, CO 80112 (720) 254-5230 phone (901) 284-1087 fax Angie Bell, MA, LPC 223 N. Wahsatch Ave., Suite 204 Colorado Springs, CO 80903-3481 (719) 329-1900 phone (719) 329-1901 fax Julie Spencer Berland ** 12219 W. Chenango Dr. Morrison, CO 80465 (720) 922-3516 phone Pamela Boaz 13802 Detroit St. Thornton, CO 80602 (303) 987-4871 phone (303) 280-1993 fax Margaret Booker 1573 S. Grand Baker St. Aurora, CO 80018 (303) 981-6824 phone (303) 361-9011 fax Julie Box 1702 68th Ave. Greeley, CO 80634 (970) 302-1471 phone (970) 339-9036 fax Tammy L. Brannen-Smith, MSW * 168 Cardinal Ave. Loveland, CO 80537 (970) 290-6932 phone Supervised by C. Jean Noblitt Stephen R. Brethauer, LCSW 30288 County Road 25 Wray, CO 80758 (970) 332-4555 phone (970) 332-4040 fax Susan Plock Bromley, Psy.D, LLC 1750 25th Ave., Suite 101 Greeley, CO 80634 (970) 353-3373 phone (970) 353-3374 fax Melinda Bronson, MSW, ACSW P.O. Box 265 Mancos, CO 81328 (970) 533-7584 phone (970) 533-9805 fax Christine L. Burcham, MA, LPC 223 N. Wahsatch Ave., Suite 204 Colorado Springs, CO 80903-3481 (719) 329-1900 phone (719) 329-1901 fax 72 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Pamela K. Cassellius, MA * 1170 Colorado Ave. Grand Junction, CO 81501 (970) 241-2948 phone Supervised by Emily Witte Patricia M. Chase, ACBSW 215 Custer St. Brush, CO 80723 (970) 542-3530 phone Lauren E. Chatman, MA, LPC 4100 N. Julian St. Denver, CO 80211 (303) 412-5256 phone (303) 263-0619 message Monica Connell * P.O. Box 16813 Golden, CO 80402 (303) 670-8437 phone Supervised by Joanne E. Roberts Sarah L. Crafty, LCSW * 6413 B Yank Ct. Arvada, CO 80004 (303) 881-7746 phone Supervised by Patricia L. Smatla Barb K. D'Albey 8308 Everett Way Arvada, CO 80005-2211 (303) 421-0442 phone Kristin Lynne Dean 600 West County Line Rd., #24-003 Highlands Ranch, CO 80129 (720) 944-1303 phone Pam Delazaro 5206 Weeping Willow Circle Highlands Ranch, CO 80130 (303) 683-9317 phone (303) 478-0331 cell Renae DellaCroce LPC/NCACII PO Box 2318 Colorado Springs, CO 80901-2318 (719) 433-8552 phone Lisa Anne Dunning, MA, MFT 998 Pleasant View St. Castle Rock, CO 80104 (303) 886-6949 phone Carol A. Dworaczyk, MA 9029 E. Mississippi Ave., #N303 Denver, CO 80247 (303) 271-4179 phone Barbara E. Edwards, MSW P.O. Box 472785 Aurora, CO 80047-2785 (720) 273-9385 phone Natalie M. Erb, RN, MSW 7782 Monte Cristo Bay Ct. Fountain, CO 80817 (719) 290-9548 phone Elizabeth A. Falkenstine 9400 E. Iliff Ave., #281 Denver, CO 80231 (303) 306-7273 phone (720) 277-6759 phone Diane D. Feiler, MSW 840 S. Kearney St. Denver, CO 80224 (303) 780-7744 phone Amy R. Ferriter 7461 Harlan Way Arvada, CO 80003 (303) 430-0249 phone Barbara Floyd -Hall 675 S. University Blvd., #406 Denver, CO 80209 (303) 777-5019 phone Mary Elizabeth Furman 10150 Vrain Ct. Westminster, CO 80031 (303) 469-2919 phone 73 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Debra Gordy, MS, MRET PO Box 270917 Ft. Collins, CO 80527 (970) 226-8564 phone (970) 204-1244 fax Laura Joy Graber * 6253 S. Owens Court Littleton, CO 80127 (720) 922-2977 phone Supervised by Julie S. Berland Carole Grajeda-Carlton, BA, CACII 1631 Glen Moor St. Lakewood, CO 80215 (720) 338-0671 phone Spanish Speaking Kristin J. Grant 5850 N. Thunderhill Rd. Parker, CO 80134 (303) 886-0924 phone Susie T. Grant 1960 S. Lincoln St. Denver, CO 80210 (303) 960-5926 phone Shirley L. Hall 611 Quitman St. Denver, CO 80204 (303) 638-7552 phone Sydney R. Hays, MSW P.O. Box 1748 Glenwood Springs, CO 81602 (970) 309-3910 phone Amy Kaylor Hogsett 7118 Cerney St. Castle Rock, CO 80108 (303) 387-6112 phone (303) 387-6076 fax Charles Howard, Ph.D 804 11th Ave. Greeley, CO 80631 (970) 302-7661 phone (970) 351-0182 fax William E. Hurd 1030 Gunnison Ave. Grand Junction, CO 81501 (970) 216-8808 phone (970) 243-4856 fax Kathy A. Ireland 406 Ridges Blvd., #7 Grand Junction, CO 81507 (970) 241-1097 phone (970) 270-7588 message Barbara "Brandy" James, MA, LPC 201 S. 7th St. Gunnison, CO 81230 (970) 641-6010 phone Dennette Janus 804 11th Ave. Greeley, CO 80631 (970) 590-3945 phone (970) 351-0182 fax Maurine Roberts Jobe ** 2301 S. Kenton St. Aurora, CO 80014 (303) 750-6380 phone Judy K. Johnson, MSW, LCSW 15285 Lipan St. Broomfield, CO 80023 (303) 451-9797 phone Lindsey Kamradt, MSW * 7651 W. 41st Ave., Suite 200 Wheat Ridge, CO 80033 (303) 204-5626 phone (303) 432-2297 fax Supervised by Diane Baird J. Scott Kingsbury 2808 S. Patton Ct. Denver, CO 80236 (303) 809-0979 phone Rhonda R. Knapper P.O. Box 1384 Evergreen, CO 80437 (303) 877-5924 phone 74 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Teresa Krier 208 W. Valleyview Ave. Littleton, CO 80120 (303) 907-3796 phone Suzanne Lama, MA 2825 Marine St., Suite. 6 Boulder, CO 80303 (303) 273-5575 phone Sarah LeValley 1313 S. Clarkson St., #406 Denver, CO 80210 (303) 518-5248 phone (303) 953-9601 fax Roberta Long-Twyman 1228 Gaylord St. Denver, CO 80206-2909 (303) 377-9193 phone Connie E. Lucero-Tracy 606 S. Clarion Dr. Pueblo West, CO 81007 (719) 547-1354 phone Spanish Speaking Liv M. MacKenzie, MA, LPC 170 E. Park Ave. Durango, CO 81301 (970) 259-4497 phone Lisa Madsen 9016 W. Alabama PI. Lakewood, CO 80232 (303) 984-1980 phone Amber M. Martin 11335 E. 116th Dr. Henderson, CO 80640 (720) 205-6883 phone Supervised by Allison Walter Susan Merten, MA 835 Pontiac St. Denver, CO 80220 (720) 280-4590 phone Jami Moe -Hartman, MA, LPC 804 11th Ave. Greeley, CO 80631 (970) 381-1417 phone (970) 351-0182 fax Joan D. Mulleady 1211 Colorado Ave. Grand Junction, CO 81501 (970) 242-3401 phone Claudia Mustafa, LCSW P.O. Box 630946 Highlands Ranch, CO 80163-0946 (303) 524-5714 phone Spanish Speaking Marilyn S. Neihart, MSW 2277 SW 10th St. Loveland, CO 80537 (970) 461-2481 phone Carole Jean Noblitt, MSW, LCSW ** 2627 18th Ave. Greeley, CO 80631 (970) 378-9419 phone Lynn Parrish 11776 W. 53rd Place Arvada, CO 80002 (303) 394-0256 phone Marie Payne 3331 W. 25th Ave. Denver, CO 80211 (303) 807-5278 phone Bill D. Porter 5811 Spurwood Ct. Colorado Springs, CO 80918 (719) 444-5372 phone Sylvia G. Priest 1751 S. Newport Way Denver, CO 80224 (303) 691-3617 phone 75 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Sharon (Sheri) Ramsey, LCSW P.O. Box 1873 Arboles, CO 81121-1873 (970) 883-3637 phone Glendell L. Richardson 16205 E. Crestline Pl. Aurora, CO 80015 (303) 680-7499 phone Elizabeth A. Risdon 1185 Purdue Dr. Longmont, CO 80503 (303) 772-1729 phone Joanne E. Roberts, MA ** 1144 Cook St. Denver, CO 80206 (303) 226-5567 phone K. Daniel Roberts 20456 E. Columbia PI. Aurora, CO 80013 (303) 250-8329 phone (720) 335-6840 message Amber Rockwell, MS * 7320 Orchard Ct. Westminster, CO 80030 (303) 204-5820 phone Supervised by Maurine Jobe Nancy Rogers 2829 S. Logan St. Englewood, CO 80110 (303) 650-3807 phone Lois K. Romaine, MA, LPC 8152 W. 90th Ave. Westminster, CO 80021 (303) 432-8538 phone Rosann M. Ross 804 11th Ave. Greeley, CO 80631 (970) 576-0567 phone (970) 351-0182 fax Jill Schmidt -Love, MSW 3669 S. Kirk Way Aurora, CO 80013 (303) 400-8534 phone Amy Seymour, MaEd P.O. Box 674 Hugo, CO 80821 (719) 760-0766 phone (719) 743-2879 fax Patricia L. Smatla ** 11110 Twin Thumbs Pass Littleton, CO 80127 (303) 933-8609 phone Spanish Speaking Jennifer L. Smith, LCSW 964 Parkview St. Castle Rock, CO 80104 (303) 420-2471 phone (303) 587-1680 message Linda L. Smith 11400 Night Heron Dr. Parker, CO 80134 (303) 933-9590 phone Sue L. Smith, LCSW 7474 W. Layton Way Littleton, CO 80123 (303) 329-6519 phone Marsha J. Somers 1144 Cook St. Denver, CO 80206 (303) 929-2914 phone Amy J. Stein, MSW, LCSW 4858 Waldenwood PI. Highlands Ranch, CO 80130 (303) 669-6829 phone Lydia M. Stiles 1675 Carr St., #205 N Lakewood, CO 80215 (303) 274-6348 phone Spanish Speaking 76 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Cathy A. Stopfer, LPC 465 Yukon St. Lakewood, CO 80226 (303) 202-5245 phone Erin Lynn Stremming 1137 Sherman St., #11 Denver, CO 80203 (720) 944-1022 phone Michelle Stricker, MA 13713 Monroe St. Thornton, CO 80602 (303) 920-4065 phone Nancy L. Tanner, LCSW 918 North 7th St., Ste. 3 Grand Junction, CO 81501 (970) 242-3897 phone Supervised by Emily Witte Douglas M. Taylor 11 Mourning Dove Lane Littleton, CO 80127 (303) 979-9522 phone Lynn Thayer 1633 S. Garfield St. Denver, CO 80210-3005 (303) 913-0537 phone Spanish Speaking Roxanne Thompson, MA, LPC 701 S. Logan St. #104 Denver, CO 80209 (720) 218-1437 phone Linda Rae Trantow 5911 S. Middlefield Rd., #102 Littleton, CO 80123 (303) 946-6733 phone Cheri A. Van Winkle 5552 S. Pagosa Ct. Centennial, CO 80015 (303) 200-0667 phone (303) 204-0572 cell Jennifer Lee Velie 8843 W. Ontario Ave. Littleton, CO 80128 (720) 981-5523 phone M. Leslie Verdi 3509 Nyland Way Lafayette, CO 80026 (720) 904-9591 phone Angie Vrame 123 W. 5th St. Wray, CO 80758 (970) 332-3327 phone Detria Y. Walker P. O. Box 39432 Denver, CO 80239-0432 (720) 256-0651 phone Allison Walter ** P.O. Box 200196 Evans, CO 80620 (970) 391-7819 phone Nicole Warnygora, Ph.D. 804 11th Ave. Greeley, CO 80631 (970) 222-8365 phone Keith P. Wawrzyniak, Jr. 36376 Mason View Rd. Eaton, CO 80615 (970) 631-5092 phone Blythe E. Weber 20011 MCR T5 Ft. Morgan, CO 80701 (970) 380-6379 phone Stephen Willmer, LCSW 303 Berthoud Way Golden, CO 80401 (303) 324-1832 phone Helene C. Wurth 4306 Beaver Creek Dr. Fort Collins, CO 80526 (970) 226-2692 phone 77 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Leslie L. Zetterstrom, MSW 7257 Rogers St. Arvada, CO 80007 (303) 423-2394 phone (303) 420-3660 fax 78 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List 79 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Attachment B Child Placement Agency Contract Workers Adoption Alliance 2121 S. Oneida St., Suite 420 Denver, CO 80224 (303) 584-9900 phone (303) 584-9007 fax Approved Staff: Melanie Tern Adoption Dreams Come True, Inc. 405 Canyon Ave. Ft. Collins, CO 80521 (970) 453-2557 phone (970) 428-4584 fax Approved Staff: Cindy Sarai Adoption Options 2600 S. Parker Rd., #2-320 Aurora, CO 80014 (303) 695-1601 phone (303) 695-1626 fax Contact: Carol Holliday Lawson ** Approved Staff: Carol Foster Adrienne Elliott Ariel Clinical Services 2938 North Ave., Suite G Grand Junction, CO 81501 (970) 245-1616 phone (970) 245-8722 fax Approved Staff: Jen Daniels Stephanie Stephensen Bethany Christian Services 9185 E. Kenyon Ave., Suite 190 Denver, CO 80237-1856 (303) 221-0734 phone (303) 221-0960 fax Approved Staff: Eve M. B. Anderson Christy Higdon Jo Tiffany Gonzales Rhealene Plumleigh Kelly Jackson Felicia Bonilla Carrie Over Andrea L. Rivera Jill M. Bradley Jennifer S. Winders 80 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Catholic Charities — Archdiocese of Denver 4045 Pecos St. Denver, CO 80211 (303) 742-0828 phone (303) 742-4373 fax Contact Person: Melissa Maile Approved Staff: Megan Alldritt Patty Varra Cheryl Garcia Catholic Charities of Colorado Springs, Inc. 228 N. Cascade Ave., 1st Floor Colorado Springs, CO 80903 (719) 866-6535 phone (719) 578-5954 fax Contact Person: Kathy Thayer Approved Staff: Sarah Bidon Colleen Ems Colorado Family Services 1200 S. Wadsworth Blvd., Suite 300 Lakewood, CO 80232 (303) 935-3199 phone (303) 935-3181 fax Approved Staff: Ron Fritsche, MA Lynn Davis Creative Adoptions, Inc. 2329 W. Main St., Suite 220 Littleton, CO 80120 (303) 730-7791 phone (303) 730-8985 fax Approved Staff: Allison Drexel, MA Melissa Maile Angela Wilber Jennifer Winkelmann John Archuleta Kathy Thayer Charlotte Allen, MSW Char Brozovich, BA Griffith Centers for Children, Inc. — Chins Up Center Business Office: 14142 Denver West Parkway, Suite 225 Lakewood, CO 80401 (303) 237-6865 phone (303) 237-6873 fax Service Location: 10 N. Farragut Ave. Colorado Springs, CO 80909 (719) 636-2122 phone (719) 634-0482 fax Approved Staff: Susie Tucker Patricia Chaara Marsha Hilty 81 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Hope and Home 1925 Dominion Way, Suite 200 Colorado Springs, CO 80918 (719) 575-9887 phone (719) 575-0553 fax Approved Staff: Melody Reiner Kids Crossing, Inc. 1440 E. Fountain Blvd. Colorado Springs, CO 80910 (719) 667-7054 phone (719) 632-6573 fax Approved Staff: Becki Pepper Dana Juman Wendy Godec David Sanchez David Williams Bobbi Jo Crocker Ben Schoch Adrienne Palazzolo Kids' Resource Network of Colorado Springs, Inc 3715 Parkmoor Village, Suite 103 Colorado Springs, CO 80917 (719) 227-7477 phone (719) 227-7474 fax Approved Staff: Shawntel Tucker Renee Strickland Littlest Angels International 21939 — 2225 Rd. Cedaredge, CO 81413 (970) 856-6177 phone (970) 928-2020 fax Approved Staff: Sandra S. Whitton, MSW ** Loving Homes 125 S. Union St. Pueblo, CO 81003 (719) 545-6181 phone (719)543-6011 fax Approved Staff: Crystal Gerlock Susie Duran Katie E. Sandoval * Kids Crossing, Inc. 414 Broadway Pueblo, CO 81004 (719) 545-3882 phone (719) 545-4337 fax Doug Hainley Barbara Lara Patrick Gonzales Desiree Vasquez Amber Sutton Lisa Huggins Jennifer Risdall Nicole Rykert Kendra Kinney, MSW * Felicia Cogburn Emilie Riensch-Armstrong 82 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Lutheran Family Services of Colorado 363 S. Harlan, Suite 200 Denver, CO 80226 (303) 922-3433 phone (303) 922-7335 fax Contact Person: Jim Barclay Approved Staff: Joanna Prewitt Lisa Sauter Doyle Lott ** Linda Keating Kelley Klassen Susan Wendelin Carol A. Loebe Karen M. English Tracy Wilson Maple Star Colorado 2785 Speer Blvd., #340 Denver, CO 80211 (303) 433-1975 phone (303) 433-1980 fax Contact Person: Debi Grebenik ** Approved Staff: Kristy Alles-Serrant Richelle Newvahner Viki Vogli Nikki Martin Youth Ventures of Colorado 4785 Grandby Cir. Colorado Springs, CO 80919 (719) 574-3555 x109 phone (719) 260-0332 fax Contact Person: Adrienne Palazzolo Approved Staff: Rebecca Cryderman, MSW Katherine E. Schmidt Karen Bettis ** Elizabeth Dale Gwendolyn S. White ** Amanda Chaney Tracee Persiko Noelle Cox Patricia Cimino Kara A. Connell Kathryn DeTrent Lesley Medina Tina Terrill Shawn Wheelock Melissa Peterson, LCSW Carla M. Hutchinson 83 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Attachment C County Department of Human/Social Services Staff Alamosa County Department of Social Services P.O. Box 1310 Alamosa, CO 81101 (719) 589-2581 phone (719) 589-9794 fax Approved Staff: Barbara Gonzales Arapahoe County Department of Social Services 14980 E. Alameda Dr. Aurora, CO 80012 (303) 636-1100 phone (303) 636-1628 fax Approved Staff: Cheryl L. Allen ** Pamela Yanett Nicole Brown Mindy L. Heckler, MSW Erin R. Minder Janine Sullivan Archuleta County Department of Human Services P.O. Box 240 Pagosa Springs, CO 81147 (970) 264-2182 phone (970) 264-2186 fax Approved Staff: None at this time Boulder County Department of Social Services 3400 Broadway Boulder, CO 80304 (303) 441-1000 phone (303) 441-1289 fax Approved Staff: Bonnie B. Lloyd, Supervisor ** Emma B. Webster Cynthia Lynn Parrish Sheila Dennison Christina Turner Heidi Stone -Gershon * Claudia Mustafa Joan Oldenburg Broomfield County Department of Social Services 6 Garden Center Broomfield, CO 80020-2495 (720) 887-2269 phone (303) 469-2110 fax Approved Staff: Brenda Chavez Kristina Lengerich, MSW Kern Klein Deneen D. Kelly Allyson Coldwell Tracy Streit Veronica Reynoso Charlene Wilson Irene McGaughey Amy Sciangula Angela C. Paras Danielle Bernard Judy Innes * Heather Gomez Lucinda Wayland Connelly Sherry Bethurum Ronda Burgin 84 PY-14-15-IiS-0044 Colorado's Approved Adoption Home Study Vendor List Chaffee County Department of Social Services P.O. Box 1007 Salida, CO 81201 (719) 539-6627 phone (719) 539-6430 fax Approved Staff: John Niedfeldt ** Sarina Bergmann Paul Witty Clear Creek County Department of Human Services P.O. Box 2000 Georgetown, CO 80444 (303) 569-3251 x371 phone (303) 679-2443 fax Approved Staff: Sharon Blum Conejos County Department of Social Services 6683 County Road 13 P.O. Box 68 Conejos, CO 81129 (719) 376-5455 phone (719) 376-2389 fax Approved Staff: Rebecca Malouff, MA Crystal Vigil Custer County Human Services P.O. Box 929 Westcliffe, CO 81252 (719) 783-2371 phone (719) 783-2885 fax Approved Staff: Linda Elliott Delta County Department of Social Services 560 Dodge St. Delta, CO 81416 (970) 874-2030 phone (970) 874-2068 fax Approved Staff: Anne Coyle Denver County Department of Human Services 1200 Federal Blvd. Denver, CO 80204 (720) 944-3666 phone (720) 944-1242 fax Approved Staff: Polly Akridge-Nash, MA ** Edward (Ted) Trujillo, MSW Bonnie J. Kossoff, MSW Camilla L. Raffey Linda Trantow Jean Rizzolo Margaret Booker Manfred Faila Peter D. Clarke, MSW Tamara Mechem Nancianne Olson Lizbeth Rustad Ponder Mary L. Wynn Sarah M. Steidtmann 85 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Douglas County Department of Human Services 4400 Castleton Way Castle Rock, CO 80109 (303) 688-4825 phone (303) 688-0292 fax Approved Staff: Margaret E. Elliott El Paso County Department of Human Services P.O. Box 2692 Colorado Springs, CO 80901 (719) 444-5532 phone (719) 444-5597 fax Approved Staff: Betsi Fredrickson ** Carol A. Hofman Elizabeth Beard Rebecca Atencio Linda Louise Hall Catherine Lambert Special Contract Child Placement Agency Catholic Charities of Colorado Springs, Inc. 228 N. Cascade, 1st Floor Colorado Springs, CO 80903 (719) 866-6535 phone (719) 578-5954 fax Contact Person: Kathy Thayer Approved Staff: Colleen Ems Sarah Bidon Fremont County Department of Human Services 172 Justice Center Rd. Canon City, CO 81212 (719) 275-2318 phone (719) 275-5206 fax Approved Staff: Michelle Short Mark Graff Garfield County Department of Social Services 195 W. 14th St. Rifle, CO 81650 (970) 945-9191 phone (970) 928-0465 fax Approved Staff: Blythe Chapman ** Wendy Christie Sheila Strouse Linda G. Scott Yvonne S. Sletta Patricia Dirkson Timothy Battreall Nancy Ann Lanning Kristin L. Miller for El Paso County John Archuleta Kathy Thayer Gena Laabs Steven A. Aurand ** Cheri Zittrer Natalie Carrion 86 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Grand County Department of Social Services P.O. Box 204 Hot Sulphur Springs, CO 80451 (970) 725-3331 phone (970) 725-3696 fax Approved Staff: Jamie Viefhaus, MA Taunia Shipman ** Gunnison/Hinsdale Departments of Human Services 225 N. Pine, Suite A Gunnison, CO 81230 (970) 641-3244 phone (970) 641-3738 fax Approved Staff: None at this time. Jackson County Department of Social Services P.O. Box 338 Walden, CO 80480 (970) 723-4750 phone (970) 723-4619 fax Approved Staff: Jamie Viefhaus, MA Jefferson County Department of Social Services 900 Jefferson County Parkway Golden, CO 80401 (303) 271-1388 phone (303) 271-4444 fax Approved Staff: Jody Caporaso Gail Kane, MA Olivia Barraza Kee Allison Pearce Taunia Shipman ** Amy Tedesco Jane Koehler Janet B. Cassese Kit Carson County Department of Health and Human Services 252 South 14th St. P.O. Box 70 Burlington, CO 80807 (719) 346-8732 phone (719) 346-8066 fax Approved Staff: None at this time. Lake County Department of Health & Human Services P.O. Box 884 Leadville, CO 80461 (719) 486-7465 phone (719) 486-4164 fax Approved Staff: None at this time. 87 PY-14-15-Ii8-0044 Colorado's Approved Adoption Home Study Vendor List La Plata County Department of Social Services 1060 E. Second Ave. Durango, CO 81301 (970) 382-6150 phone (970) 247-2208 fax Approved Staff: Jamie Farmer ** Charmaine Summers Larimer County Department of Human Services 2555 Midpoint Dr., Suite E Ft. Collins, CO 80525-4417 (970) 498-6900 phone (970) 498-6966 fax Approved Staff: Tony Passariello ** Colleen M. Gibley Nancy Louise Schaft Carlton Scott King Mary Lou Schermann, MSW Kellie Kay Jackson Cheryl Boltz -Montoya Annette Sandstead Las Animas County Department of Social Services 204 S. Chestnut St. Trinidad, CO 81082 (719) 846-2276 phone (719) 846-4269 fax Approved Staff: Arlene Lopez Lincoln County Department of Social Services P.O. Box 37 Hugo, CO 80821 (719) 743-2404 phone (719) 743-2879 fax Approved Staff: Patricia Phillips Logan County Department of Social Services 508 S. Tenth Ave. Sterling, CO 80751 (970) 522-2194 phone (970) 521-0853 fax Approved Staff: Peggy Meis Julie Robbins Kilpatrick Jed Gilden Ida Curry Kate Ashby Julie Shawley Nancy Courtney Tammy Phillips Jill A. Golke Charity Andrews Cynthia E. Myroup * Shannon Sheffield Betty Zimmerman Erin Rinaldo 88 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Mesa County Department of Human Services P.O. Box 20000 Grand Junction, CO 81502-5035 (970) 241-8480 phone (970) 248-2849 fax Approved Staff: Emily Witte ** Lori Rienstra Meghan Ventling Connie Mercer Adrianna Gardiner Laura Kinson Moffat County Department of Social Services 595 Breeze St. Craig, CO 81625 (970) 824-8282 phone (970) 824-9552 fax Approved Staff: Dede Huston Audrey Amedei Matthew Harris Montezuma County Department of Social Services 109 W. Main St., Room 203 Cortez, CO 81321 (970) 564-4126 phone (970) 565-8524 fax Approved Staff: Jody Mealing Montrose County Department of Human Services 1845 S. Townsend Ave. Montrose, CO 81401 (970) 252-5000 phone (970) 252-7049 fax Approved Staff: Marcia Heckard Elane Johnson Morgan County Department of Social Services P.O. Box 220 Ft. Morgan, CO 80701 (970) 542-3530 phone (970) 542-3544 fax Approved Staff: Heather Beier Sara Canfield Jacque Frenier Blythe Weber Kim Tophoj Ann M. Rosales Joyce F. Anderson Joni Bedell Nicole "Nicci" Surad * Amber Pommarane Hari Ghimire Anna Adams Margaret Kearney Beverly Counts August Martinez Katie Sievers Sharon Ruyle Carolyn Fox Patricia M. Chase Elizabeth Orosz 89 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Otero County Department of Human Services P.O. Box 494 La Junta, CO 81050-0494 (719) 383-3168 phone (719) 383-3150 fax Approved Staff: Celestino Santistevan Yolanda Luna (Note: Otero County only does home studies for their county where the child is in the home and free for adoption) Park County Department of Social Services P.O. Box 1193 Bailey, CO 80421 (303) 816-5932 phone (303) 816-5942 fax Approved Staff: Kris Rishel Pueblo County Department of Social Services 212 W. 12th St. Pueblo, CO 81003 (719) 583-6160 phone (719) 583-6377 fax Approved Staff: Karen Hiraki ** Stacy Nelson -Trujillo Lisa Gallegos-Staffiero Christina Stone Rapunzel Fuller Jeanna A. Herrera Rio Blanco County Department of Social Services 345 Market St. Meeker, CO 81641 (970) 878-9640 phone (970) 878-4893 fax Approved Staff: Kathleen C. Maybury Routt County Department of Human Services P.O. Box 772790 Steamboat Springs, CO 80477 (970) 879-1540 phone (970) 870-5260 fax Approved Staff: Helen Knez Tina Harlow Alvino Vasquez Theresa Chavez Eleanor Gutierrez John Lujan Stana Anderson Michael Sidinger Sedgwick County Department of Human Services 106 W. 1St St. P.O. Box 27 Julesburg, CO 80737 (970) 474-3397 x14 phone (970) 474-9881 fax Approved Staff: None at this time. 90 PY-14-15-HS-0044 Colorado's Approved Adoption Home Study Vendor List Summit County Department of Social Services P.O. Box 869 Frisco, CO 80443 (970) 668-4100 phone (970) 668-4115 fax Approved Staff: Jann Engleman Teller County Department of Social Services P.O. Box 9033 Woodland Park, CO 80866 (719) 687-3335 phone (719) 687-0494 fax Approved Staff: Kim Mauthe ** Washington County Department of Social Services P.O. Box 395 Akron, CO 80720 (970) 345-2238 phone (970) 345-2237 fax Approved Staff: Robin K. Henson, MSW Weld County Department of Social Services P.O. Box A Greeley, CO 80632 (970) 352-1551 phone (970) 353-5215 fax Approved Staff: Barbara Schwabe Yuma County Department of Social Services 340 S. Birch St. Wray, CO 80758 (970) 332-4877 phone (970) 332-4978 fax Approved Staff: Hollie A. Hillman Mary Lou Taylor Jane Bays * Pamela McKay Desiree R. Flores * Indicates the individual does not meet the minimum 3 -year experience qualification & must be supervised by an individual who fully meets requirements. ** Indicates the individual who will provide supervision to individuals not meeting the minimum experience requirement. 91 PY-14-15-HS-0044 EXHIBIT C SCOPE OF SERVICES 1. Contractor will provide home study and relinquishment counseling services for families within Weld County, as referred by the Department. 2. Contractor utilizes the Structured Analysis Family Evaluation (SAFE) tool developed by the Consortium of Children. Contractor is SAFE certified and on the State's approved home study vendor list. Contractor also is certified as a SAFE supervisor. 3. Contractor will attend SAFE Refresher training during the term of this contract. 4. Contractor will ensure that all studies are completed utilizing the most up-to-date forms and templates as found on www.consortforkids.org or www.SAFEhomestudy.org. 5. All services will be provided by Helene Wurth, BSW. 6. Contractor will complete a Department of Motor Vehicle background check at no additional charge. All CBI, FBI and LexisNexis background check information will be completed by the Department, unless otherwise directed by the Department. 7. Contractor will submit a completed home study to the Department with their billing within 60 days of receipt of the home study referral. A complete home study will include the study in SAFE format, background check information, SAFE questionnaires completed by the applicants, references and all other original documents submitted by the home study applicant. 8. Relinquishment counseling services will be provided to all adult individuals referred by the Department, as well as associated children 12 years of age and older, utilizing the required State format. Contractor will submit a written report and the appropriate affidavits and interrogatories. 9. Contractor will document in detail any and all observed or verbalized concerns regarding any specific Weld County home. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Child abuse must be reported immediately per law. 10. Contractor understands that the Department will not reimburse Contractor for "no shows" or cancelled appointments, either on the part of the client or the Contractor. 92 PY-14-15-HS-0044 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 after May 31, 2015. 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 or amend it accordingly. 2. Fees for Services $1,000.00/Episode (Home Study, 2 Adults) $450.00/Episode (Home Study Update) $200.00/Episode/Per Person (Additional fee per adult after 2 adults) $50.00/Hour (Home Study Cancellation) $ .54/Mile (After first 30 miles) $100.00/Hour (Relinquishment Counseling) 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. 93 PY-14-15-HS-0044 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. c. For Monitored Sobriety services, proof of services rendered shall be the test result. 94 Certificate of Insurance (Proof of Coverage) Date Issued: (7/7/2014) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGI ITS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insured Name and Mailing Address* Program Administrator Name I lelene Wurth Street 4306 Beaver Creek Dr City Fort Collins State Colorado Zip 80526 Administered By: CPH and Associates 711 S. Dearborn, Suite 205 Chicago, IL 60605 P. 312-987-9823 F. 312-987-0902 info@cphins.com Underwritten By: Philadelphia Indemnit Insurance Company *Additional insured locations are often requested by individual business owners who have more than one office. Your coverage is portable, meaning that you are covered at any location for practice under the occupation(s) listed on your policy. Coverage Policy It: PHCPE 180872 'Effective Date: (7/7/2014) 'Expiration Date: (7/7/2015) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCII POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits of Liability Coverage Part Each Occurrence (Per individual claim) Aggregate (Total amount per policy year) $1,000.000.00 $3,000,000.00 Professional Liability N/A N/A General Liability Includes; General Liability, Fire & Water Legal liability and Personal Liability N/A N/A Property Coverage $1.000.000.00 53,000,000.00 Supplemental Liability Unlimited Unlimited Defense Expense Coverage $35,000 $35,000 State Licensing Board Investigation Defense Coverage $15,000 $15,000 Assault Coverage $10,000 $35,000 Deposition Expense Benefit $5,000/person $50,000 Medical Expense Coverage $15,000 $15,000 First Aid Coverage Description/Special Provisions: Certificate Holder Cancellation Proof of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Holder has also been added o the policy as an additional insured:** Yes XN0 **If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ryJ`'� t Authorized Representative C. Philip Hodson MAN. DISCLAIMER:The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. Declaration of Independent Contractor Status Form We certify UNDER PENALTY OF PERJURY that: (name and trade name) performing (type of work) c>frfF �/1f P,t1-c(toy)t Social Security or Federal Emplo er !de tificanon # Address: I- Phone: • "0 is an independent contractor (IC) and is not an employee of the following policyholder (PH): Address: Policy k Phone: We also certify, by OUR initials WHERE APPLICABLE, that the above business for which the above individual performs services mee t following criteria: IC PH. 1. The business DOES NOT require the individual to work ONLY for the business for whom services are performed (except that the individual may DECIDE to work only for the business for a definite period); IC "4_)PH 2. The business DOES NOT establish a quality standard for the individual (except that the business may provide plans and specifications regarding work but cannot oversee the actual work or instruct the individual as to how work will be performed); IC H 3. The business DOES NOT pay the individual a salary or an hourly rate instead of a fixed or contract rate; IC PH 4. The business DOES NOT terminate the work or the service provided during the contract period unless the individual violates the terms of the contract or fails to produce a result that meets the specifications of the contract; IC PH 5. The business DOES NOT provide more than minimal training for the individual; IC PH 6. The business DOES NOT provide tools or benefits to the individual (except that materials and equipment may be { supplied); ( I` IC vPH_7. The business DOES NOT dictate the time of performance (except that a completion schedule and a range of agreeable work hours may be established); IC PH 8. The business DOES NOT pay the individual personally instead of making payment or checks payable to the trade or business name of the individual; IC PH 9. The business DOES NOT combine the business operations in any way with the individual's business operations instead of maintaining all such operations separately and distinctly. BRIAN L. MOWERY CERTIFICATION BY INDEPENDENT CONTRACTOR NOTARY PUBLIC STATE OF COLORADO THE INDEPENDENT CONTRACTOR UNDERSTANDS THAT HE/SHE: NOTARY ID 20134047606 • WILL NOT BE ENTITLED TO ANY WORKERS' COMPENSATION BENEFITS IN THE EVENT IMICANSSICH EXPIRES JULY 24, 2017 • IS OBLIGATED TO PAY ALL FEDERAL AND STATE INCOME TAX ON ALL MONEY EARNt WHILt rtPruKMING atRvu.ES FuR THE BUSINESS. • IS REQL4IRED TO PROVIDE WORKERS' COMPENSATION INSURANCE FOR ALL WORKERS THAT HE/SHE HIRES. O u L1, -(A --- s-1). Vir,9 eft u ;Q or - Independent Contractor Signature Title Social Security # STATE OF COLORADO, COUNTY OF Lwrf finer Subscribed and swo before me by llrrot, t,. Mn•rn.ti this 4.1_-‘-- day of S�\y 1,614._ yJl z Commission expires: ;MI Z J.oi7 NOTARY PU Bv Acceptance of the Independent Contractor named on this form does not change any party's responsibility under the Workers' Compensation Act. If individuals or organizations hired or contracted by the Independent Contractor are not covered by other workers' compensation Insurance, the policyholder specified on this form will be charged premium for coverage of those individuals or organizations. CERTIFICATION BY BUSINESS I certify that I am authorized by the business listed above to state that all of the information on this form is true and accurate. I understand that if the above person does not qualify for independent contractor status, the proper premium can be assessed. Signature Title STATE OF COLORADO, COUNTY OF Subscribed and sworn before me by this day of Commission expires: NOTARY PUBLIC Page 2 of 2 7At wflpeIl7 R.n7-06 Hello