HomeMy WebLinkAbout20152473.tiff •
MEMORANDUM
DATE: May 23, 2016
TO: Board of County Commissioners—Pass-Around
, �L
��` FR: Judy A. Griego, Director, Human Services
r> 4 G O U'N T
RE: Weld County Department of Human Services' Child
Welfare PY2016-17—Core and Non-Core Contracted
Providers
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Child Welfare PY2016-17-Core and Non-
Core Contracted Providers.The briefing document (attached) reflects the contractors that
have been selected to provide services during the coming program year. Core and Non-Core
(Child Welfare)contracts listed in document are effective June 1, 2016.The document reflects
contractors who are renewing their original contract with new rates and/or services and new
contractors awarded through the bid process. The Families, Youth and Children Commission
reviewed and approved the contractors and rates on April 29, 2016.
Please note, the Department is still in the process of negotiation with, or obtaining additional
information from, a few additional contractors. Contractors not included on the attached
document at this time will be sent through at a later date. Upon Board approval of the
contractors listed on the Briefing Document, signed agreements or agreement addendums will
be obtained from contractors and submitted through Contract Management System (CMS) for
final Board approval.
[do not recommend a Work Session. I recommend approval of Contracted Providers.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad •
Pass-Around Memorandum; May 23, 2016- Not in CMS Page 1
Oil .II)
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CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND TENNYSON CENTER FOR CHILDREN(Core)2.5 I
This Agreement,made and entered into the_day f 2016,by and between the Board of Weld
County Commissioners,on behalf of the Weld County Department of Hu Services,hereinafter referred to as
the"Department and Tennyson Center for Children,hereinafter referred to as the"Contractor".
The parties to this Agreement understand and agree that the provisions of this Agreement specifically
include the following documents: Exhibit A,Weld County's Request for Proposal, Exhibit B,Contractor's Proposal,
Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and
incorporated herein by this reference.
WITNESSETH
ESSETH
WHEREAS,required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the
Department for Home Based Intensive 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 1,2016 upon proper execution of this Agreement and
shall expire May 31,2017 unless sooner terminated as provided herein. The agreement is for a period of
three years. However,the agreement must be renewed by both parties,in writing,on an annual basis.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for services in compliance with
Exhibit B,Contractor's Proposal and Exhibit C,Scope of Services.
3. Referrals.Billing and Tracking
a. Contractor understands and will comply with all aspects of the referral authorization,billing and
tracking requirements as set forth by the Department. Failure to comply with all aspects may result
in a forfeiture of payment.
b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-
mail address prior to the start of this Agreement. Contractor acknowledges that services are not
authorized until the Contractor has received an authorized referral form from the Department.
Contractor further acknowledges that services provided prior to the authorized start date or outside
the scope of services on the referral form will not be eligible for reimbursement.
Contractor acknowledges that any and all modifications to an existing referral must be approved
through the Department's Resource Manager,Child Welfare Contract and Services Coordinator,or
through a Team Decision Making(TDM)meeting or Family Team Meeting(FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7'h of the month,
following the month of service,utilizing billing forms required by the Department.
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d. Contractor agrees to submit a monthly report with the billing statement by the 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 Proposal,Exhibit C,Scope of Services,and Exhibit D,Payment Schedule,attached
hereto and incorporated herein by reference,so long as services are rendered satisfactorily and in
accordance with the Agreement.
c. Payment pursuant to this Agreement,whether in whole or in part,is subject to,and contingent
upon,the continuing availability of said funds for the purposes hereof.
d. The Department may withhold reimbursement if Contractor has failed to comply with any part of
the Agreement,including the Financial Management requirements,program objectives,contractual
terms,or reporting requirements. In the event of forfeiture of reimbursement,Contractor may
appeal such circumstance in writing to the Director of Human Services. The decision of the Director
of Human Services shall be final.
5. Financial Management
At all times from the effective date of the Agreement until completion of the Agreement,Contractor shall
comply with the administrative requirements,cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under this Agreement must conform to the Single Audit Act of 1984 and CMG Circular A-133. •
6- Payment Method
Unless otherwise provided in Exhibit B,Contractor's Proposal,Exhibit C,Scope of Services,and Exhibit D,
Payment Schedule:
a. If services are funded through Core Services,Contractor agrees to accept reimbursement
through ACH direct deposit one time per month.
b. If Contractor is not currently set up with the State of Colorado to accept direct deposit,
Contractor agrees to complete and submit an ACH Form for Colorado Providers,which will be
provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of
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Colorado per the directions on the form. Failure to complete and submit this form in a timely and
accurate manner may result in a delay of payment.
c. Contractor agrees to accept payment through county warrant when funding source does not
allow for direct deposit.
7. Compliance with Applicable Laws
a. At all times during the performance of this Agreement,Contractor will strictly adhere to all
applicable Federal and State laws,order,and applicable standards, regulations,interpretations
and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all
applicant/recipient records,papers,documents,tapes and any other materials that have been or may
hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws
and regulations,including,but not limited to the following:
- Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d-1 Title VI of the Civil
Rights Act of 1964,42 U.S.C.Sections 2000d-1 et.seq.and its implementing regulation,45
C.F.R.Part 80 et.seq.;and
- all provisions of the Civil Rights Act of 1986 so that no person shall,on the grounds of
race,creed,color,sex,or national origin,be excluded from participation in,be denied the
benefits of,or be otherwise subjected to discrimination under the approved Agreement.
- Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its
implementing regulations,45 C.F.R.Part 84;and
- the Age Discrimination Act of 1975,42 U.S.C.Section 6101 a seq.and its
implementation regulations,45 C.F.R.Part 91;and
- Title VII of the Civil Rights Act of 1964;and
- the Age Discrimination in Employment Act of 1967;and
- the Equal Pay Act of 1963;and
- the Education Amendments of 1972;and
- Immigration Reform and Control Act of 1986, P.L.99-603,42 C.F.R.Part 2;and
- all regulations applicable to these laws prohibiting discrimination because of race,color,
national origin,sex,religion,and handicap,including Acquired Immune Deficiency Syndrome
(AIDS)or AIDS related conditions covered under Section 504 of the Rehabilitation Act of
1973,as amended,cited above. If necessary,Contractor and the Department will resist in
judicial proceedings any efforts to obtain access to client records except as permitted by 42
C.F.R.Part 2. 45 C.F.R.Part 74,Appendix G 9,which requires that affirmative steps be taken
to assure that small and minority businesses are utilized,when possible,as sources of
supplies,equipment,construction and services. This assurance is given in consideration of
and for the purpose of obtaining any all Federal and/or State financial assistance.
- Colorado Revised Statute(C.R.S.)26-6-104,requiring criminal background record checks
for all employees,contractors and sub-contractors.
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b. Contractor is further charged with the knowledge that any person who feels that s/he has been
discriminated against has the right to file a complaint either with the Colorado Department of Human
Services or with the United States Department of Health and Human Services,Office for Civil Rights.
c. Contractor assures that it will fully comply with all other applicable Federal and State laws which
may govern the ability of the Department to comply with the relevant funding requirements.
Contractor understands the source of funds to be accessed under the Agreement is Core Services.
d. Contractor assures and certifies that it and its principals:
- Are not presently debarred,suspended,proposed for debarment,declared ineligible,or
voluntarily excluded from covered transaction by a Federal or State department or agency;
and
- have not,within a three-year period preceding this Agreement,been convicted of or
had a civil judgment rendered against them for commission of fraud or criminal offense in
connection with obtaining,attempting to obtain,or performing a public(Federal,State or
Local)transaction or contract under public transaction;violation of federal or state antitrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction
of records,making false statements,or receiving stolen property;and
- are not presently indicted for or otherwise criminally or civilly charged by a government
entity(federal,state or local)with commission of any of the offenses enumerated in this
certification;and
- have not,within a three-year period preceding this Agreement,had one or more public
transactions(federal,state,or local)terminated for cause or default.
e. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract. Contract Professional will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this Agreement, through
participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or enter into a contract with a subcontractor that fails to certify
with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement.Contract Professional shall not use E-Verify Program or
State of Colorado program procedures to undertake pre-employment screening or job applicants while
this Agreement is being performed. If Contract Professional obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts
with an illegal alien Contract Professional shall notify the subcontractor and County within three(3)
days that Contract Professional has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three(3)days of receiving notice. Contract Professional shall
not terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contract
Professional shall comply with reasonable requests made in the course of an investigation,undertaken
pursuant to C.R.S.§8-17.5-102(5),by the Colorado Department of Labor and Employment.If Contract
Professional participates in the State of Colorado program, Contract Professional shall,within twenty
days after hiring a new employee to perform work under the contract,affirm that Contract Professional
has examined the legal work status of such employee,retained file copies of the documents,and not
altered or falsified the identification documents for such employees. Contract Professional shall deliver
to County,a written notarized affirmation that it has examined the legal work status of such employee,
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and shall comply with all of the other requirements of the State of Colorado program. If Contract
Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,
County,may terminate this Agreement for breach,and if so terminated,Contract Professional shall be
liable for actual and consequential damages.
f. Except where exempted by federal law and except as provided in C.R.S.§24-76.5-103(3),if
Contract Professional receives federal or state funds under the contract,Contract Professional must
confirm that any individual natural person eighteen(18)years of age or older is lawfully present in
the United States pursuant to C.R.S.§24-76.5-103(4),if such individual applies for public benefits
provided under the contract. If Contract Professional operates as a sole proprietor,it hereby swears
or affirms under penalty of perjury that it:(a)is a citizen of the United States or is otherwise lawfully
present in the.United States pursuant to federal law,(b)shall produce one of the forms of
identification required by C.R.S.§24-76.5-101,et seq.,and(c)shall produce one of the forms of
identification required by C.R.S.§24-76.5-103 prior to the effective date of the contract.
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8. Compliance with Child and Family Services Review
The Child and Family Services Review(CFSR)examines child welfare service outcomes in three areas;
Safety,Permanency and Well Being of families. For each outcome,data and performance indicators
measure each state's performance according to national standards and monitor progress over time.
Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance
services to families.
Contractor agrees to continually strive for positive outcomes in the areas of Safety,Permanency and Well
Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under
this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under
the Child and Family Services Review(CFSR),and will address the aforementioned three areas when
completing monthly reports as required by Paragraph 3(d)of this Agreement.
9. Insurance Requirements
Contractor and Department agree that Weld County,the Board of County Commissioners of Weld County,
its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or
omissions of the Contractor,it subcontractor,or their employees,volunteers,or agents while performing
duties described in this Agreement. Contractor shall indemnify,defend and hold harmless Weld County,
the Board of County Commissioners of Weld County,its employees,volunteers and agents.
Contractor shall provide the liability insurances(including professional liability insurances where
necessary)and worker's compensation insurances for all its employees,volunteers,and agents engaged
in the performance of this Agreement which are required under Weld County's Request for Proposal,and
required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the
acceptable evidence that such coverage is in effect within seven(7)days of the date of this Agreement.
At a minimum,Contractor shall procure,either personally or through its employer as applicable to the
Contractor's business,at its own expense,and maintain for the duration of the work,the following
insurance coverage. Weld County,State of Colorado,by and through the Board of County Commissioners
of Weld County,its employees and agents,shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements:Contractors/Contract Professionals must secure,at or before the
time of execution of any agreement or commencement of any work,the following insurance
covering all operations,goods or services provided pursuant to this request.Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of
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the Agreement,or any extension thereof,and during any warranty period.The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M.Best
Company as"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.
Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person,51,000,000 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;
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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.
Subcontractors: All subcontractors,subcontractors,independent contractors,sub-
vendors,suppliers or other entities providing goods or services required by this Agreement shall
be subject to all of the requirements herein and shall procure and maintain the same coverages
required of Contractor/Contract Professional.Contractor/Contract Professional shall include all
such subcontractors,independent contractors,sub-vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors,sub-vendors suppliers or other entities upon request by the County.
A provider of Professional Services(as defined in the Bid or RFP)shall provide the following
coverage:
Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim,
and$2,000,000 aggregate limit for all claims.
10. Certification
Contractor certifies that,at the time of entering into this Agreement,it has currently in effect all
necessary licenses,approvals,insurance,etc.,required to properly provide the services and/or supplies
covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the
Contractor prior to the start of any Agreement.
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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.
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
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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 Kathryn Arbour.Chief Operating Officer
17. otice
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: For Contractor:
Judy A.Griego,Director Kathryn Arbour,Chief Operating Officer
P.O.Box A 2950 Tennyson Street
Greeley,CO 80632 Denver,Colorado 84212
1970)352-1557, 17241855-3310
18. Lkigation
Contractor shall promptly notify the Department in the event that Contractor learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
Contractor,within five(5)calendar days after being served with a summons,complaint,or other pleading
which has been filed in any Federal or State court or administrative agency,shall deliver copies of such
document(s)to the Director of Human Services. The term"litigation"includes an assignment for the
benefit of creditors,and filings of bankruptcy,reorganization and/or foreclosure.
19. Termination
This Agreement may be terminated at any time by either party giving thirty(30)days written notice to the
individuals identified in paragraph 18. No portion of this Agreement shall be deemed to create an
obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise
appropriated in each succeeding year,as this Agreement is subject to the availability of funding.
Therefore,the Department may terminate this Agreement at any time if the source of funding for the
services made available to the Contractor is no longer available to the Department,or for any other
reason. Contractor reserves the right to suspend services to clients if funding is no longer available.
20. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
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21. Governmental Immunity
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of
any of the immunities,rights,benefits,protections or other provisions,of the Colorado Governmental
Immunity Act of§§24-10-101 et.seq.,as applicable now or hereafter amended.
22. Partial Invalidity of Agreement
If any section,subsection,paragraph,sentence,clause,or phrase of this Agreement is for any reason held
or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions.
The parties hereto declare that they would have entered into this Agreement and each and every section,
subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more
sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional
or invalid.
23. improprieties/Conflict of Interest
No officer,member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof.
The Appearance of Conflict of Interest applies to the relationship of a Contractor with the Department
when the Contractor also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest,it is not necessary for the
Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor
know that the two relationships are in opposition. During the term of the Agreement,Contractor shall
not enter into any third party relationship that gives the appearance of creating a conflict of interest.
Upon learning of an existing appearance of a conflict of interest situation,Contractor shall submit to the
Department,a full disclosure statement setting forth the details that create the appearance of a conflict
of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute
grounds for the Department's termination,for cause,of its Agreement with the Contractor.
Contractor certifies that Federal appropriated funds have not been paid or will be paid,by or on behalf of
Contractor,to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,the making of any
Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,
amendment,or modification of an Federal contract,loan,grant,or cooperative agreement.
24. Storage,Availability and Retention of Records
Contractor agrees that authorized local,Federal,and State auditors and representatives shall,during
business hours,have access to inspect and copy records,and shall be allowed to monitor and review
through on-site visits,all activities related to this Agreement,supported with funds under this Agreement,
to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
All such records,documents,communications,and other materials created pursuant or related to this
Agreement shall be maintained by the Contractor in a central location and shall be made available to the
Department upon its request,for a period of seven(7)years from the date of final payment under this
Agreement,or for such further period as may be necessary to resolve any matters which may be pending,
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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
under this Agreement will be accorded at least the same precautions as are employed by the Contractor
for similar information in the course of its own business.
27. Independence of Contractor: Not an Employee of Weld County
Contract Professional agrees that it is an independent Contract Professional and that Contract
Professional's officers,agents or employees will not become employees of County,nor entitled to any
employee benefits from County as a result of the execution of this Agreement.Contract Professional shall
perform its duties hereunder as an independent Contract Professional.Contract Professional shall be
solely responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement.Contract Professional,its employees and agents are not entitled to unemployment
insurance or workers'compensation benefits through County and County shall not pay for or otherwise
provide such coverage for Contract Professional or any of its agents or employees.Unemployment
insurance benefits will be available to Contract Professional and its employees and agents only if such
coverage is made available by Contract Professional or a third party.Contract Professional shall pay when
due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred
pursuant to this Agreement.Contract Professional shall not have authorization,express or implied,to
bind County to any agreement,liability or understanding,except as expressly set forth in this Agreement.
Contract Professional shall have the following responsibilities with regard to workers'compensation and
unemployment compensation insurance matters:(a)provide and keep in force workers'compensation
and unemployment compensation insurance in the amounts required by law and as set forth in Exhibit A
provide proof thereof when requested to do so by County.
11
28. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as state in
Paragraph 14 herein. This Agreement shall be binding upon the parties hereto,their successors,heirs,
legal representatives,and assigns. The Contractor and the Department may not assign any of its rights or
obligations hereunder without the prior consent of both parties.
29, Agreement Nonexclusive
This Agreement does not guarantee any work nor does it create an exclusive agreement for services.
30. Warranty
The Contractor warrants that services performed under this Agreement will be performed in a manner
consistent with the professional standards governing such services and the provisions of this Agreement.
The Contractor shall faithfully perform the work in accordance with the standards of care,skill,training,
diligence and judgment provided by highly competent individuals and entities that perform services of a
similar nature to those described in this Agreement including Exhibits A,B,C,and D.
31. Acceptance of Services Not a Waiver
Upon completion of the work,the Contractor shall submit to Department originals of all tests and results,
reports,etc.,generated during completion of this work.Acceptance by Department of reports and
incidental material(s)furnished under this Agreement shall not in any way relieve the Contractor of
responsibility for the quality and accuracy of the services.In no event shall any action by the Department
hereunder constitute or be construed to be a waiver by the Department of any breach of covenantor
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.§y24-18-201 et seq.and§24-50-507
The signatories to this Agreement aver that to their knowledge,no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.The Contractor has no interest and shall not acquire any interest direct or indirect,which
would in any manner or degree with the performance of the Contractor's services and the Contractor,
shall not employ any person having such known interests.During the term of this Agreement,the
Contractor shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of its
obligations under this Agreement.Failure by the Contractor to ensure compliance with this provision may
result,in the Department's sole discretion,in immediate termination of this Agreement.No employee of
the Contractor nor any member of the Contractor's family shall serve on a County Board,committee or
hold any such position which either by rule,practice or action nominates,recommends,supervises
Contract Professional's operations,or authorizes funding to the Contractor.
12
33. Board of County Commissioners of Weld County Approval Ali
This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County,Colorado.
34. Choice of Law/Jurisdiction
Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference
which conflicts with said laws,rules and/or regulations shall be null and void.In the event of a legal dispute
between the parties,Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
35. Subcontractors
Contract Professional acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any
subcontractor agreements for the completion of this project without County's prior written consent,which
may be withheld in County's sole discretion.
36. Attorneys Fees/Legal Costs
In the event of a dispute between County and Contract Professional,concerning this Agreement,the
parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs
incurred by or on its own behalf.
37. Ownership
All work and information obtained by Contract Professional under this Agreement or individual work order
shall become or remain (as applicable),the property of County. In addition, all reports, documents,data,
plans, drawings, records and computer files generated by Contract Professional in relation to this
Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement,whether or not such materials are in completed form,
shall at all times be considered the property of the County.Contract Professional shall not make use of such
material for purposes other than in connection with this Agreement without prior written approval of
County.
38. jpterruptions
Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or
otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond
its reasonable control, including but not limited to Acts of God,fires,strikes, war, flood, earthquakes or
Governmental actions.
39. everabilitv
If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of
competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
13
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and
year first above written.
COUNTY;.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
By:
Deputy Clerk to the Board Mike Freeman,Chair
CONTRACTOR;
Tennyson Center for Children
2950 Tennyson Street
Denver,Colorado 80212
(720)855-3310
By: 1L ,L4�a�i
;Kathryn A : ur,Chic •.erating Officer
Date 4 a • �.�
14
EXHIBIT A
WELD COUNTY'S REQUEST FOR PROPOSAL
Bid No.: 61600047
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD,STATE OF COLORADO,
BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
DATE: MARCH 9, 2016
PAGES 1-10 OF THIS REQUEST FOR PROPOSAL CONTAIN GENERAL INFORMATION. NOT ALL
OF THE INFORMATION CONTAINED IN PAGES 1-10 MAY BE APPLICABLE. SPECIFICATIONS
UNIQUE TO THIS REQUEST FOR PROPOSAL FOLLOW PAGE 11.
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 ENGLISH AND BILINGUAL(ENGLISH/SPANISH)SERVICES
(AS DEFINED ON PAGES 15-17)
B. Bids for the stated services will be received by the Weld County Department of
Human Services, Resource Unit, Attn: Tobi Vegter at vegterta@weldgov.com or
P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: FRIDAY.
MARCH 25, 2016, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN
SERVICES, RESOURCE UNIT TIME CLOCK).
II. INVITATION TO BID
A. The Families, Youth and Children's Commission, on behalf of the Weld County
Department of Human Services, by and through the board of Weld County
Commissioners requests bids for the purchase of Various Services (as
described on pages 15-17).
B. Bids shall include any and all charges for service(s) applied for by the bidder, and
shall, in every way, be the total net price which the bidder will expect the Board
of County Commissioners of Weld County to pay if awarded the bid.
C. Emailed Bids Are Preferred. Emailed (fully typed) bids are preferred. However,
if the bidder is unable to submit an emailed bid,the bidder must comply with the
requirements set forth in Paragraph II D below. An emailed bid must contain the
following statement: "I hereby waive my right to a sealed bid."
D. Unless the Bid is emailed, one original and one copy of the Bid must be
submitted. One complete bid document,which will be the only official copy of the
bid, shall be filed at the Weld County Department of Human Services, Resource
Unit. After certification of the bid, the other copy will be routed for applicable
review.An e-mail confirmation will be sent when we receive your bid/proposal.
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I 1
Bid No.: B1600047
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, Resource Unit, on or prior to the time indicated in Section I.,
entitled "Notice to Bidders."
F. When approximate quantities are stated, Weld County reserves the right to
increase or decrease quantity as best fits its needs.
G. Whenever requested, samples or descriptive matter shall be filed prior to the
opening of bids.
•
H. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, the
Board of County Commissioners of Weld County will give preference to resident
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I I
Bid No.: B1600047
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. Successful bidder certifies,warrants, and agrees that it does not knowingly
employ or contract with an illegal alien who will perform work under this
contract. Successful bidder will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform
work under this Agreement,through participation in the E-Verify program or the
State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Successful bidder shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement.Successful bidder shall not use E-Verify Program or State
of Colorado program procedures to undertake pre-employment screening or job
applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an illegal alien
Successful bidder shall notify the subcontractor and County within three(3) days
that Successful bidder has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien
within three (3)days of receiving notice. Successful bidder shall not terminate
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Bid No.: B1600047
the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with
an illegal alien. Successful bidder shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by
the Colorado Department of Labor and Employment. If Successful bidder
participates in the State of Colorado program, Successful bidder shall,within
twenty days after hiring a new employee to perform work under the contract,
affirm that Successful bidder has examined the legal work status of such
employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Successful bidder shall deliver to
County, a written notarized affirmation that it has examined the legal work
status of such employee,and shall comply with all of the other requirements of
the State of Colorado program. If Successful bidder fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq.,County, may
terminate this Agreement for breach, and if so terminated,Successful bidder
shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-
76.5-103(3), if Successful bidder receives federal or state funds under the
contract, Successful bidder must confirm that any individual natural person
eighteen (18)years of age or older is lawfully present in the United States
pursuant to C.R.S. §24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Successful bidder operates as a sole proprietor,
it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to
federal law, (b)shall produce one of the forms of identification required by C.R.S.
§24-76.5-101,et seq., and (c) shall produce one of the forms of identification
required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
M. All goods shall remain the property of the seller until delivered to and accepted by
Weld County,Colorado.
N. Late or unsigned bids shall not be accepted or considered. Bids received prior to
the time of opening will be kept unopened in a secure place. No responsibility will
attach to the Families, Youth and Children Commission, the Weld County
Department of Human Services, or the Board of Weld County Commissioners,for
the premature opening of a bid not properly addressed and identified.
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,
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Bid No.: 61600047
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.
B. Confidential Information: Confidential financial information of the bidder should
be transmitted separately from the main bid submittal, clearly denoting in red on
the financial information at the top the word,and "CONFIDENTIAL" However,the
successful bidder is advised that as a public entity,Weld County must comply with
the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and
cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity
Act§§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor:The successful bidder shall perform its duties hereunder
as an independent contractor and not as an employee. He or she shall be solely
responsible for its acts and those of its agents and employees for all acts performed
pursuant to the contract. Neither the successful bidder nor any agent or employee
thereof shall be deemed to be an agent or employee of Weld County. The
successful bidder and its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful
bidder or any of its agents or employees. Unemployment insurance benefits will
be available to the successful bidder and its employees and agents only if such
coverage is made available by the successful bidder or a third party. The successful
Page 5
Bid No.: B1600047
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.
E. Compliance with Law:The successful bidder shall strictly comply with all applicable
federal and State laws, rules and regulations in effect or hereafter established,
including without limitation, laws applicable to discrimination and unfair
employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of the
contract. Any provision included or incorporated herein by reference which
conflicts with said laws, rules and/or regulations shall be null and void.
G. Binding Arbitration Prohibited:Weld County does not agree to binding arbitration
by any extra-judicial body or person.Any provision to the contrary in the contract
or incorporated herein by reference shall be null and void.
H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
the enforcement of the terms and conditions of the contract,and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in the contract shall give or allow any claim or right of action
whatsoever by any other person not included in the contract. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under the contract shall be an incidental
beneficiary only.
Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and
the successful bidder, concerning the contract,the parties agree that Weld County
shall not be liable to or responsible for the payment of attorney fees and/or legal
costs incurred by or on behalf of the successful bidder.
J. Procurement and Performance: The successful bidder agrees to procure the
materials, equipment and/or products necessary for the project and agrees to
diligently provide all services, labor, personnel and materials necessary to perform
and complete the project. The successful bidder shall further be responsible for
the timely completion, and acknowledges that a failure to comply with the
standards and requirements outlined in the Bid within the time limits prescribed
by County may result in County's decision to withhold payment or to terminate this
Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this
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Bid No.: B1600047
Agreement by County,and shall continue for three years. However,the agreement
must be renewed by both parties, in writing, on an annual basis.
L Termination: County has the right to terminate this Agreement, with or without
cause on thirty (30) days written notice. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the
Agreement.
M. Subcontractors:The successful bidder acknowledges that County has entered into
this Agreement in reliance upon the particular reputation and expertise of the
successful bidder. The successful bidder shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written
consent,which may be withheld in County's sole discretion.
N. Non-Assignment:The successful bidder may not assign or transfer this Agreement
or any interest therein or claim thereunder,without the prior written approval of
County. Any attempts by the successful bidder to assign or transfer its rights
hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of the successful bidder
hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
O. Insurance Requirements.
i. General Requirements: Contractors/Contract Professionals must secure, at or
before the time of execution of any agreement or commencement of any work, the
following insurance covering all operations, goods or services provided pursuant to
this request. Contractors/Contract Professionals shall keep the required insurance
coverage in force at all times during the term of the Agreement, or any extension
thereof,and during any warranty period.The required insurance shall be underwritten
by an insurer licensed to do business in Colorado and rated by A.M. Best Company as
"A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above-described policies by canceled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written
notice to the Weld County Director of General Services by certified mail,return receipt
requested.Such written notice shall be sent thirty(30) days prior to such cancellation
or reduction unless due to non-payment of premiums for which notice shall be sent
ten (10) days prior. If any policy is in excess of a deductible or self-insured retention,
County must be notified by the Contractor/Contract Professional.Contractor/Contract
Professional shall be responsible for the payment of any deductible or self-insured
retention. County reserves the right to require Contractor/Contract Professional to
provide a bond, at no cost to County, in the amount of the deductible or self-insured
retention to guarantee payment of claims. The insurance coverages specified in this
Agreement are the minimum requirements, and these requirements do not decrease
or limit the liability of Contractor/Contract Professional. Contractor/Contract
Professional shall maintain, at its own expense, any additional kinds or amounts of
insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement.
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Bid No.: B1600047
ii. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain
at all times during the term of any Agreement,insurance in the following kinds
and amounts:
(a). Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of Contractor's Contract Professional's employees
acting within the course and scope of their employment. If Contractor is an
Independent Contractor, as defined by the Colorado Worker's Compensation Act,
this requirement shall not apply. Contractor must submit to the Department a
Declaration of Independent Contractor Status Form prior to the start of this •
agreement.
(b). Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
Contractors, products and completed operations, blanket contractual liability,
personal injury,and advertising liability with minimum limits as follows:
• $1,000,000 each occurrence;
* $2,000,000 general aggregate;
* $50,000 any one fire; and
* $500,000 errors and omissions.
(c). Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each
accident, and $1,000,000 for property damage applicable to all vehicles operating
both on County property and elsewhere.
(d). Additional Provisions:
• Policies for all general liability, excess/umbrella liability, liquor liability and
pollution liability must provide the following:
* If any aggregate limit is reduce by twenty-five percent (25%) or more by
paid or reserved claims, Contractor shall notify County within ten (10) days and
reinstate the aggregates required;
• Unlimited defense costs in excess of policy limits;
* Contractual liability covering the indemnification provisions of this
Agreement;
* A severability of interests' provision;
* Waiver of exclusion for lawsuits by one insured against another;
• A provision that coverage is primary; and
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Bid No.: B1600047
• 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 to the
County. County reserves the right to require Contractor/Contract Professional to
provide a certificate of insurance, a policy,or other proof of insurance as required
by the County's Risk Administrator in his sole discretion.
v. Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's
insurer shall name County as an additional insured.
vi. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's
insurer shall waive subrogation rights against County.
vii. Subcontractors: All subcontractors,subcontractors, independent contractors,sub-
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverages required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors,
independent contractors,sub-vendors suppliers or other entities as insureds under
its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such
subcontractors, independent contractors, sub-vendors suppliers or other entities
upon request by the County.
Page 9
Bid No.: 81600047
A provider of Professional Services (as defined in the Bid or REP) shall provide the
following coverage:
Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each
claim, and$2,000,000 aggregate limit for all claims.
V. Warranty. The successful bidder shall warrant that:
A. The services to be supplied pursuant to this bid are fit and sufficient for the
purpose intended;
B. The services sold to Weld County, Colorado pursuant to this bid conform to the
minimum Weld County specifications as established herein.
Page 10
Bid No.: 81600047
Project Overview:
The Weld County Department of Human Services (WCDHS) is seeking qualified English-speaking
and bilingual (English/Spanish) providers in various service areas under various funding sources.
Service areas include, but are not limited to,Anger Management/Domestic Violence, Day
Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy,
Kinship Services (Therapeutic), Home Studies/Relinquishment Counseling, Life Skills, Mediation,
Mental Health, Monitored Sobriety, Multi-Systemic Therapy, Home Based Intervention
including 24/7 Crisis Intervention, Sexual Abuse Treatment, and Substance Abuse Treatment
Services and Aftercare Services. Refer to pages 15-17 for specific definitions related to the
above-mentioned service areas.
Qualifications:
To be considered, a bidder must meet the following minimum qualifications:
1) If submitting to provide bilingual services, a bidder must demonstrate language
proficiency at Full Professional Proficiency or higher, as defined by the U.S. Department
of State, and as noted below.
• Full Professional Proficiency: Able to use and read the language fluently and
accurately on all levels pertinent to professional needs
• Native or Bilingual Proficiency: Equivalent to that of an educated native speaker
(both speaking and reading).
2) Bidder must agree to language proficiency testing that may include assessment of
reading,writing and comprehension of Spanish, as well as a face-to-face conversation
with a known native or proficient Spanish speaker selected by Weld County.
3) A bidder must submit a one page or less cover letter that introduces the bidder,the
bidder's location(s) of practice and target area, his or her experience and qualifications,
and staff, if applicable. A bidder must include current contact information including
physical address, mailing address,phone number,email address and website, if
applicable.
4) 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.
Page 11
Bid No.: B1600047
5) Bidders should avoid elaborate artwork,graphics, binding, presentation or other artifice
that does not directly address the requirements set forth in this Request for Proposal.
6) A bidder must demonstrate the knowledge,training and expertise to conduct the
proposed service(s).
7) A bidder must provide a current resume, as well as proof of licensure,for self, staff
members and contractors of the bidder. 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).
8) Bidder should clearly outline the supervisory structure of staff members and/or
contractors of the bidder. This should include the ratio of supervisor to staff and/or
contractors,frequency and duration of supervision,credentials of supervisor and length
of time as a supervisor.
9) 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.
10)A bidder must demonstrate prior and current capacity to be organized, responsive and
to quickly and successfully schedule services as requested.
11)A bidder must agree to enter into a contract, attached as Exhibit A,with the Weld
County Department of Human Services and comply with all requirements of the
contract.
Contract Period and Pricing:
1) The initial contract period is to be determined and shall continue as allowable by the
funding source, so long as both parties are satisfied. The selected vendor(s) will have
the opportunity 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.
Page 12
Bid No.: B1600047
3) The selected vendor will bill the Weld County Department of Human Services monthly
according to billing requirements set forth by the Weld County Department of Human
Services.
Submittal Requirements for All Proposals:
A bidder must submit according to requirements set forth in this Request for Proposal. All
proposals must contain the following specific information:
1) Identification of language(s) and proficiency level, if applying to provide bilingual
(English/Spanish) services.
2) One page or less cover letter that introduces the bidder,the bidder's location(s) of
practice, his or her experience and qualifications, and staff, if applicable.
3) 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.
4) 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.
5) 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.
6) Supervisory structure of staff members and/or contractors of the bidder. This should
include the ratio of supervisor to staff and/or contractors,frequency and duration of
supervision,credentials of supervisor and length of time as a supervisor.
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.
Page 13
Bid No.: B1600047
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 14
Bid No.: B1600047
SERVICE AREA DEFINITIONS(NOT LIMITED TO THIS LIST-OTHER SERVICES WILL BE
CONSIDERED)
'3Prograsn'Area 7- r . DefinitionE..
z t i
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.
Crisis Intervention and Stabilization Services that provide an immediate, in-person/in-
Services home response to families,youth and children, in
*crisis,24 hours a day, seven (7)days a week.
*A"crisis"is further defined as a situation or
circumstance, usually acute(recent) in nature,which
breaks down the normal functioning of an individual
and/or family, and results in the inability of the
individual and/or family to resolve the crisis through
normal coping behaviors, or without immediate
intervention.
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.
Page 15
Bid No.: B1600047
TiograinArea y ODefinition n "
w#'J.d"-eai� c.4F!«_k�,�affi` z�Yr`A3kF.$Ys 9�TE4 3�"�a4.��t"P'a �'�°'�r of J��f '4 ' t c :3/414. . ..
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.
Kinship Services (Therapeutic) Kinship services in the areas of(1)consultation and
kinship parent support specific to a child placed in
a kinship home, (2) corrective consultation specific
to a child placed in a kinship home,and (3) critical
care consultation specific to a child placed in a
kinship home. Children placed in kinship care are
maintained in the lowest level of care and least
restrictive setting when out-of-home placement is
necessary.
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.
Page 16
Bid No.: 81600047
ProgramrA eat n Defi`nifion r ' `
Fx . . .'c % . . ._ . } • •r•44,..-3,s,;!.;
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.
Relinquishment Counseling Relinquishment counseling for parents considering
relinquishment of their children.
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 17
EXHIBIT A
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND
This Agreement,made and entered into the_day of .206 by and between the Board of Weld
County Commissioners,on behalf of the Weld County Department of Human Services,hereinafter referred to as
the"Department'and«Contractor»,hereinafter referred to as the"Contractor".
The parties to this Agreement understand and agree that the provisions of this Agreement specifically
include the following documents: Exhibit A,Weld County's Request for Proposal, Exhibit B,Contractor's Proposal,
Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and
incorporated herein by this reference.
WITNESSETH
WHEREAS,required approval,clearance,and coordination have been accomp ished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provide d Ing to the Department
for .
NOW THEREFORE,in consideration of the premises,the part ` venant and agree as follows:
1. Term ®®
This agreement shall become effective on ,upon `. ' ecution of this Agreement and shall
expire unless sooner terminated as pro d herein. - he agreement is for a period of three years.
However,the agreement must be renewed o artles,in writing,on an annual basis.
2. Scone of Services
Services shall be provided by th 4r for t any person(s)eligible for services in compliance with
Exhibit B,Contractor's Propose 's. ibit C,Scope of Services.
3. Referrals Billin a n
a. Contract un s and will comply with all aspects of the referral authorization,billing and
tracking it e as set forth by the Department. Failure to comply with all aspects may result
to a forfei f p yment.
b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-
mail address prior to the start of this Agreement. Contractor acknowledges that services are not
authorized until the Contractor has received an authorized referral form from the Department.
Contractor further acknowledges that services provided prior to the authorized start date or outside
the scope of services on the referral form will not be eligible for reimbursement.
Contractor acknowledges that any and all modifications to an existing referral must be approved
through the Department's Resource Manager,Child Welfare Contract and Services Coordinator,or
through a Team Decision Making(TDM)meeting or Family Team Meeting(FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7'^of the month,
following the month of service,utilizing billing forms required by the Department.
1
d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month
following the month of service for each client receiving ongoing services. One-time services will be
verified through receipt of the completed product(ex.psychological evaluation,substance abuse
evaluation). Verification of Monitored Sobriety Services will be the test result.
Contractor will document in detail any and all observed or verbalized concerns regarding any child
whom the Contractor is working with under the Agreement. Areas of concern may include,but are
not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be
reported immediately to the caseworker AND on the required monthly report.
Monthly reports will be submitted through the Department's online reporting system,unless
otherwise directed or agreed to by the Department.
4. Payment
a. The Department and the Contractor agree that all benefits from pri to insurance and/or other
funding sources such as Medicaid(if Contractor is a Medicaid eligib der)or Victim's
Compensation must be exhausted before Core Services or other Departmai.funds can be accessed
for services.
b. Payment shall be made in accordance with Exhibit A, a ty's Request for Proposal,Exhibit
B,Contractor's Proposal,Exhibit C,Scope of Servic- ' it D,Payment Schedule,attached
hereto and incorporated herein by reference,so I.v: . is s are rendered satisfactorily and in
accordance with the Agreement.
c. Payment pursuant to this Agreemenrc er in whole or in part,is subject to,and contingent
upon,the continuing availability of said fu fa e purposes hereof.
d. The Department may with s•�L•ltei u ment if Contractor has failed to comply with any part of
the Agreement,including t e , .o'ia) nagement requirements,program objectives,contractual
terms,or reporting requir In the event of forfeiture of reimbursement,Contractor may
appeal such circumst roe In :'to the Director of Human Services. The decision of the Director
of Human Services sha ": fi I.
S. nancia an r
At all times fro` . e e ective date of the Agreement until completion of the Agreement,Contractor shall
comply with the a Istrative requirements,cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133.
6. Payment Method
Unless otherwise provided in Exhibit B,Contractor's Proposal,Exhibit C,Scope of Services,and Exhibit D,
Payment Schedule:
a. If services are funded through Core Services,Contractor agrees to accept reimbursement
through ACH direct deposit one time per month.
b. If Contractor is not currently set up with the State of Colorado to accept direct deposit,
Contractor agrees to complete and submit an ACH Form for Colorado Providers,which will be
provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of
2
Colorado per the directions on the form. Failure to complete and submit this form in a timely and
accurate manner may result in a delay of payment.
c. Contractor agrees to accept payment through county warrant when funding source does not
allow for direct deposit.
7. Compliance with Applicable Laws
a. At all times during the performance of this Agreement,Contractor will strictly adhere to all
applicable Federal and State laws,order,and applicable standards,regulations,interpretations
and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all
applicant/recipient records,papers,documents,tapes and any other materials that have been or may
hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws
and regulations,including,but not limited to the following:
• Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 20 d-1 Title VI of the Civil
Rights Act of 1964,42 U.S.C.Sections 2000d-1 et,seq.andflaw' ementing regulation,45
C.F.R.Part 80 et.seq.;and
- all provisions of the Civil Rights Act of 1986 so th o on shall,on the grounds of
race,creed,color,sex,or national origin,be exc participation in,be denied the
benefits of,or be otherwise subjected to cr - . n under the approved Agreement.
- Section 504 of the Rehabilitation Act;t., , ' 9 U.S.C.Section 794,and its
implementing regulations,45 CS. art 84;a .
- the Age Discrimination Act o 75 U.S.C.Section 6101 et.seq.and its
implementation regulatlo 5 CF. . art 91;and
Title VII of the N "ts A of 1964;and
• the Age ' cri of le Employment Act of 1967;and
- the ,a aof 1963;and
t ation Amendments of 1972;and
•ration 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 6 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.
3
b. Contractor is further charged with the knowledge that any person who feels that s/he has been
discriminated against has the right to file a complaint either with the Colorado Department of Human
Services or with the United States Department of Health and Human Services,Office for Civil Rights.
c. Contractor assures that it will fully comply with all other applicable Federal and State laws which
may govern the ability of the Department to comply with the relevant funding requirements.
Contractor understands the source of funds to be accessed under the Agreement is Core Services.
d. Contractor assures and certifies that it and its principals:
- Are not presently debarred,suspended,proposed for debarment,declared ineligible,or
voluntarily excluded from covered transaction by a Federal or State department or agency;
and
- have not,within a three-year period preceding this Agreem nt,been convicted of or
had a civil judgment rendered against them for commission off ud or criminal offense in
connection with obtaining,attempting to obtain,or perfor ublic(Federal,State or
Local)transaction or contract under public transaction.violation o deral or state antitrust
statutes or commission of embezzlement,theft,for r ribe falsification or destruction
of records,making false statements,or receiving stol ;and
- are not presently indicted for or othe �' e„ ally or civilly charged by a government
entity(federal,state or local)with commi . • y f the offenses enumerated in this
certification;and
- have not,within a three-ye -24d preceding this Agreement,had one or more public
transactions(federal,state,or lea er,`nated for cause or default.
e. Public Contracts for Send R. 7.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowi pl contract with an illegal alien who will perform work under
this contract. Contract Pr i I will confirm the employment eligibility of all employees who are
newly hued for empl . e erg
h United States to perform work under this Agreement, through
participation in the E- gram or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c ra rofessional shall not knowingly employ or contract with an illegal alien to
perform wor un I reement or enter into a contract with a subcontractor that fails to certify
with Cont t e "oriel thatthe subcontractor shall not knowingly employ or contract with an illegal
alien to p r under this Agreement.Contract Professional shall not use E-Verify Program or
State of Colo rogram procedures to undertake pre-employment screening or job applicants while
this Agreement is being performed. If Contract Professional obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts
with an illegal alien Contract Professional shall notify the subcontractor and County within three(3)
days that Contract Professional has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three(3)days of receiving notice. Contract Professional shall
not terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contract
Professional shall comply with reasonable requests made in the course of an investigation,undertaken
pursuant to C.R.S.§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contract
Professional participates in the State of Colorado program, Contract Professional shall,within twenty
days after hiring a new employee to perform work under the contract,affirm that Contract Professional
has examined the legal work status of such employee, retained file copies of the documents,and not
altered or falsified the identification documents for such employees. Contract Professional shall deliver
to County,a written notarized affirmation that it has examined the legal work status of such employee,
4
and shall comply with all of the other requirements of the State of Colorado program. If Contract
Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,
County,may terminate this Agreement for breach,and if so terminated,Contract Professional shall be
liable for actual and consequential damages.
f. Except where exempted by federal law and except as provided in C.R.S.§24-76.5-103(3),if
Contract Professional receives federal or state funds under the contract,Contract Professional must
confirm that any individual natural person eighteen (18)years of age or older is lawfully present in
the United States pursuant to C.R.S.§24-76.5-103(4),if such individual applies for public benefits
provided under the contract. If Contract Professional operates as a sole proprietor,it hereby swears
or affirms under penalty of perjury that it:(a)is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law,(b)shall produce one of the forms of
identification required by C.R.S.§24-76.5-101,et seq.,and(c)shall produce one of the forms of
identification required by C.R.S.§24-76.5-103 prior to the effective date of the contract.
8. Compliance with Child and Family Services Review
The Child and Family Services Review(CFSR)examines child welfare service out es in three areas;
Safety,Permanency and Well Being of families. For each outcom and .erformance indicators
measure each state's performance according to national standard for progress over time.
Following the review,a Program Improvement Plan(PIP)will nted for the state to enhance
services to families.
Contractor agrees to continually strive for positive outc•t't331ri he areas of Safety,Permanency and Well
Being. Contractor will ensure that any employ r subcon ractor of Contractor providing services under
this Agreement will work towards positive.° o in the aforementioned three areas as outlined under
the Child and Family Services Review(CFSR),an ill dress the aforementioned three areas when
completing monthly reports as required Paragr 3(d)of this Agreement.
9. Insurance Re uireme
Contractor and Departme r t eld County,the Board of County Commissioners of Weld County,
its officers and employees, be held liable forinjuries or damages caused by any negligent acts or
omissions of the Con i bcontractor,or their employees,volunteers,or agents while performing
duties described chi ent. Contractor shall indemnify,defend and hold harmless Weld County,
the Board of C n Issioners of Weld County,its employees,volunteers and agents.
Contractor shall e the liability insurances(including professional liability insurances where
necessary)and worker's compensation insurances for all its employees,volunteers,and agents engaged
in the performance of this Agreement which are required under Weld County's Request for Proposal,and
required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the
acceptable evidence that such coverage is in effect within seven(7)days of the date of this Agreement.
At a minimum,Contractor shall procure,either personally or through its employer as applicable to the
Contractor's business,at its own expense,and maintain for the duration of the work,the following
insurance coverage. Weld County,State of Colorado,by and through the Board of County Commissioners
of Weld County,its employees and agents,shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements:Contractors/Contract Professionals must secure,at or before the
time of execution of any agreement or commencement of any work,the following insurance
covering all operations,goods or services provided pursuant to this request.Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of
5
the Agreement,or any extension thereof,and during any warranty period.The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M.Best
Company as"A"VIII or better.Each policy shall contain a valid provision or endorsement stating
"Should any of the above-described policies by canceled or should any coverage be reduced
before the expiration date thereof,the issuing company shall send written notice to the Weld
County Director of General Services by certified mail,return receipt requested.Such written
notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-
payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess
of a deductible or self-insured retention,County must be notified by the Contractor/Contract
Professional.Contractor/Contract Professional shall be responsible for the payment of any
deductible or self-insured retention. County reserves the right to require Contractor/Contract
Professional to provide a bond,at no cost to County,in the amount of the deductible or self-
insured retention to guarantee payment of claims.The insurance coverages specified in this
Agreement are the minimum requirements,and these requirements do not decrease or limit the
liability of Contractor/Contract Professional.Contractor/Contract Pr fessional shall maintain,at
its own expense,any additional kinds or amounts of insurance that i ay deem necessary to
cover its obligations and liabilities under this Agreement.
b. Types of Insurance: Contractor/Contract Profe io shall btaln,and maintain at all
times during the term of any Agreement,insurance in the I Inds and amounts:
I. Workers'Compensation Insu r. quired by state statute,and Employer's
Liability Insurance covering all of Con;actor-k o tract Professional's employees acting
within the course and scope of their-- .lo .:-nt. If Contractor is an Independent
Contractor,as defined by the orado '.r er's Compensation Act,this requirement
shall not apply. Contractor u bruit to the Department a Declaration of Independent
Contractor Status Form prior h art of this agreement.
ii, Commeryi cbility Insurance written on ISO occurrence form CG 00
0110/93 ore lc i coy ng premises operations,fire damage,independent
Contractors, u ;\and completed operations,blanket contractual liability,personal
injury,a adv iability with minimum limits as follows:
IS:0141,
$1,000,000 each occurrence;
co - $2,000,000 general aggregate;
$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;
6
- 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,Ind ding public liability and
property damage,in form and company acceptable to and approv said Administrator,
covering all operations hereunder set forth in the related Bid o st for Proposal.
d. proof of Insurance: Contractor/Contract Profes o shall rovideacopy of this
information to its insurance agent or broker,and shall ha s or broker provide proof of
Contractor/Contract Professional's required insuran eserves the right to require
Contractor/Contract Professional to provide a _ 'r,..t f insurance,a policy,or other proof of
insurance as required by the County's Risk Ad inlstraly his sole discretion.
e. Additional Insureds: For gen liability, u cess/umbrella liability,pollution legal liability,
liquor liability,and inland marine,C ra r/Contract Professional's insurer shall name County as
an additional insured as follows
f. aiv-r.f Subro: ' overages,Contractor/Contract Professional's insurer
shall waive subrogatio ;'t•,`ains County.
g. Subcon for `.contractors,subcontractors,independent contractors,sub-
vendors,suppliers entities providing goods or services required by this Agreement shall
be subject t th uirements herein and shall procure and maintain the same coverages
required f C . c /Contract Professional.Contractor/Contract Professional shall include all
such co a ors,independent contractors,sub-vendors suppliers or other entities as insureds
unde oil- s or shall ensure that all subcontractors maintain the required coverages.
Contract ntract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors,sub-vendors suppliers or other entities upon request by the County.
A provider of Professional Services(as defined in the Bid or RFP)shall provide the following
coverage:
Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim,and
$2,000,000 aggregate limit for all claims.
10, Certification
Contractor certifies that,at the time of entering into this Agreement,it has currently in effect all
necessary licenses,approvals,insurance,etc.,required to properly provide the services and/or supplies
covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the
Contractor prior to the start of any Agreement.
11. Training
7
Contractor may be required to attend training that the request of the Department specific to services
provided under this Agreement. The Department will not compensate the Contractor for said training in
the form of registration fees,time spent traveling to and from training,attending the training or any other
associated costs unless otherwise agreed to by the Department.
12. Subpoenas
Contractor will,on behalf of its employees and/or officers,accept any subpoena for testimony from the
Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For
this purpose,Contractor will designate an e-mail address prior to the start of this Agreement. If the
Contractor receives a subpoena via e-mail but will only accept personal service,the Contractor will
contact the Weld County Attorney's Office immediately at 970-352-1551,x6503,and advise that the
subpoena must be personally served.
13. Monitoring and Evaluation
Contractor and the Department agree that monitoring and evaluation ofd rformance of this
Agreement shall be conducted by the Contractor and the Department. The res of the monitoring and
evaluation shall be provided to the Board of Weld County Commi i rs,th Department and the
Contractor.
Contractor shall permit the Department,and any other;,T tt,t fixed agent or governmental agency,to
monitor all activities conducted by the Contractor puns;ant to lie rms of this Agreement. As the
monitoring agency may in its sole discretion deem nece't.ry .ppropriate,such program data,special
analyses,on-site checking,formal audit exami ons,or an other reasonable procedures. All such
monitoring shall be performed ioa manner t not unduly interfere with the work conducted under
this Agreement.
19. Modification of Agreemen
All modifications to this Agree I be in writing and signed by both parties.
15. Remedies
The Director of H an i or designee may exercise the following remedial actions should s/he find
the Contractor bs t ly failed to satisfy the scope of work found in this Agreement. Substantial
failure to satis sc pe of work shall be defined to mean incorrect or improper activities or inaction by
the Contractor. T remedial actions are as follows:
- Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed.
- Deny payment or recover reimbursement for those services or deliverables,which have
not been performed and which due to circumstances caused by the Contractor cannot be
performed or if performed would be of no value to the Department. Denial of the amount
of payment shall be reasonably related to the amount of work or deliverables lost to the
Department.
- Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation
shall be recovered from Contractor by deduction from subsequent payments under this
Agreement or other agreements between the Department and Contractor,or by the
Department as a debt due to the Department or otherwise as provided by law.
8
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 CONTRACTOR.TITLE
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: For Contractor.
Judy A.Grieco,Director
P.O.
P. Box A
Greeley,
CO 80632
1970)352-1551
41t1
18. litigation
Contractor shall promptly notify the Departme n the eve that Contractor learns of any actual
litigation in which it is a party defendant in a se t Involves services provided under this Agreement.
Contractor,within five(5)calendar days after b ed with a summons,complaint,or other pleading
which has been filed in any Federal or 5 court administrative agency,shall deliver copies of such
document(s)to the Director of Hu he term"litigation"includes an assignment for the
benefit of creditors,and filings f ptcy, eorganization and/or foreclosure.
19. Termination
This Agreement may I d at any time by either party giving thirty(30)days written notice to the
individuals identi ' d i ph 18. No portion of this Agreement shall be deemed to create an
obligation on pa e County of Weld,State of Colorado,to expend funds not otherwise
appropriated i s ceding year,as this Agreement is subject to the availability of funding.
Therefore,the De ent may terminate this Agreement at any time if the source of funding for the
services made available to the Contractor is no longer available to the Department,or for any other
reason. Contractor reserves the right to suspend services to clients if funding is no longer available.
20. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It Is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
21. Governmental Immunity
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of
9
any of the immunities,rights,benefits,protections or other provisions,of the Colorado Governmental
Immunity Act of§§24-10-101 et.seq. as applicable now or hereafter amended.
22. Partial Invalidity of Agreement
If any section,subsection,paragraph,sentence,clause,or phrase of this Agreement is for any reason held
or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions.
The parties hereto declare that they would have entered into this Agreement and each and every section,
subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more
sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional
or invalid.
23. Improprieties/Conflict of Interest
No officer,member or employee of Weld County and no member of their go rning bodies shall have any
pecuniary interest,direct or indirect,in the approved Agreement or the proc ds thereof.
The Appearance of Conflict of Interest applies to the relationship of Contract ith the Department
when the Contractor also maintains a relationship with a third pa d the wo relationships are in
opposition. In order to create the appearance of a conflict of inter i t necessa for the
Contractor to gain from knowledge of these opposing interes y necessary that the Contractor
know that the two relationships are in opposition. Dud,: •�. , of the Agreement,Contractor shall
not enter into any third party relationship that gives tit appea'r-n of creating a conflict of interest.
Upon learning of an existing appearance of a conflict o 'Lere..situation,Contractor shall submit to the
Department,a full disclosure statement settin rth the ,e-a Is that create the appearance of a conflict
of interest. Failure to promptly submit a disc ur tatement required by this paragraph shall constitute
grounds for the Department's termination,for se its Agreement with the Contractor.
Contractor certifies that Federal apds have not been paid or will be paid,by or on behalf of
Contractor,to any person for in °• f'..or a empting to influence an officer or employee of an agency,
a Member of Congress,an offi ' r 9•loyee of Congress,or an employee of a Member of Congress in
connection with the awar o e•eral contract,the making of any Federal grant,the making of any
Federal loan,the entering I y cooperative agreement,and the extension,continuation,renewal,
amendment,or modi n Federal contract,loan,grant,or cooperative agreement.
24. Store v 'a it and Retention of Records
Contractor agree authorized local,Federal,and State auditors and representatives shall,during
business hours,have access to inspect and copy records,and shall be allowed to monitor and review
through on-site visits,all activities related to this Agreement,supported with funds under this Agreement,
to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
All such records,documents,communications,and other materials created pursuant or related to this
Agreement shall be maintained by the Contractor in a central location and shall be made available to the
Department upon its request,for a period of seven(7)years from the date of final payment under this
Agreement,or for such further period as may be necessary to resolve any matters which may be pending,
or until an audit has been completed with the following qualifications: If an audit by or on behalf of the
Federal and/or State government has begun but is not completed at the end of the seven(7)year period,
or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until
the resolution of the audit finding.
10
25. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement except for purposes directly connected with the
administration of Child Protection. No information about or obtained from any applicant/recipient in
possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian unless in accordance with the Contractor's written policy governing access to,
duplication and dissemination of,all such information,in any form,including social networks. Contractor
shall advise its employees,agents,and subcontractor,if any,that they are subject to these confidentiality
requirements.
Contractor shall provide its employees,agents,and subcontractors,if any,with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
Contractor shall have its employees,agents,and subcontractors,if any,sign written confidentiality
agreement and shall provide a copy of such agreement to the Department,if quested.
26. Proprietary Information
Proprietary information for the purposes of this Agreement is info'y ti ating to a party's research,
development,trade secrets,business affairs,internal operatic nagement procedures and those
of its customers,clients or affiliates,but does not Includ on(1)lawfully obtained from third
parties,(2)that which is in the public domain,or(3)th,j whic -e• •'-veloped independently. Neither
party shall use or disclose directly or Indirectly without n_.r , en authorization any proprietary
information concerning the other party obtain s a resu . this Agreement. Any proprietary
information removed from the Department' to the Contractor in the course of providing services
under this Agreement will be accorded at least so e precautions as are employed by the Contractor
for similar information in the course of i wn bu ess.
27. Independence of Con ra t an mploYee of Weld County
Contract Professional agree tha a Independent Contract Professional and that Contract
Professional's officers,age p oyees will not become employees of County,nor entitled to any
employee benefits f in s a result of the execution of this Agreement.Contract Professional shall
perform its dutie er B an independent Contract Professional.Contract Professional shall be
solely respons' e o s cts and those of its agents and employees for all acts performed pursuant to
this Agreemen t t Professional,Its employees and agents are not entitled to unemployment
insurance or wor ompensation benefits through County and County shall not pay for or otherwise
provide such coverage for Contract Professional or any of its agents or employees.Unemployment
insurance benefits will be available to Contract Professional and its employees and agents only if such
coverage is made available by Contract Professional or a third party.Contract Professional shall pay when
due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred
pursuant to this Agreement.Contract Professional shall not have authorization,express or implied,to
bind County to any agreement,liability or understanding,except as expressly set forth in this Agreement.
Contract Professional shall have the following responsibilities with regard to workers'compensation and
unemployment compensation insurance matters:(a)provide and keep in force workers'compensation
and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit
provide proof thereof when requested to do so by County.
28. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as state in
11
Paragraph 14 herein. This Agreement shall be binding upon the parties hereto,their successors,heirs,
legal representatives,and assigns. The Contractor and the Department may not assign any of its rights or
obligations hereunder without the prior consent of both parties.
29. Agreement Nonexclusive
This Agreement does not guarantee any work nor does it create an exclusive agreement for services.
30. Warranty
The Contractor warrants that services performed under this Agreement will be performed in a manner
consistent with the professional standards governing such services and the provisions of this Agreement.
The Contractor shall faithfully perform the work in accordance with the standards of care, skill,training,
diligence and judgment provided by highly competent individuals and entities that perform services of a
similar nature to those described in this Agreement including Exhibits A,B,C, nd D.
31. Acceptance of Services Not a Waiver
Upon completion of the work,the Contractor shall submit to Dep nt on inals of all tests and results,
reports,etc.,generated during completion of this work.Acceptant rtment of reports and
incidental material(s)furnished under this Agreement shall n - y relieve the Contractor of
responsibility for the quality and accuracy of the service nt shall any action by the Department
hereunder constitute or be construed to be a waiver b:the De tr rt ent of any breach of covenant or
default which may then exist on the part of the Contrac • a + he Department's action or inaction when
any such breach or default shall exist shall not i air or pr' dice any right or remedy available to the
Department with respect to such breach or u nd no assent,expressed or implied,to any breach of
any one or more covenants,provisions.or con ns he Agreement shall be deemed or taken to be a
waiver of any other breach.Acceptance the De rtment of,or payment for,any services performed
iiip
under this Agreement shall not be .. waiver of any of the Department's rights under this
Agreement or under the law gen
32. Employee Financia me • flict of Interest.C.R.S3§24-18-201 et seq.and§24-50-507
The signatories to thi t aver that to their knowledge,no employee of Weld County has any
personal or bene Jai I s hatsoever in the service or property which is the subject matter of this
Agreement.T Co r has no Interest and shall not acquire any interest direct or indirect,which
would in any r egree with the performance of the Contractor's services and the Contractor,
shall not employ erson having such known interests. During the term of this Agreement,the
Contractor shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of its •
obligations under this Agreement.Failure by the Contractor to ensure compliance with this provision may
result,in the Department's sole discretion,in immediate termination of this Agreement.No employee of
the Contractor nor any member of the Contractor's family shall serve on a County Board,committee or
hold any such position which either by rule,practice or action nominates,recommends,supervises
Contract Professional's operations,or authorizes funding to the Contractor.
33. Board of County Commissioners of Weld County Approval
This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County,Colorado.
12
34. Choice of Law/Jurisdiction
Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference
which conflicts with said laws,rules and/or regulations shall be null and void.In the event of a legal dispute
between the parties,Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
35. Subcontractors
Contract Professional acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any
subcontractor agreements for the completion of this project without County's prior written consent,which
may be withheld in County's sole discretion.
36. Attorneys Fees/Legal Costs
In the event of a dispute between County and Contract Professional concernin is Agreement,the
parties agree that each party shall be responsible for the payme a torn fees and/or legal costs
incurred by or on its own behalf.
37. Ownership II All work and information obtained by Contract Professi.I�, .t-r this Agreement or individual work order
shall become or remain(as applicable),the pr rty of Co nty. In addition, all reports,documents,data,
plans, drawings, records and computer fil rated by Contract Professional in relation to this
Agreement and all reports, test results and 3 of tangible materials obtained and/or produced in
connection with the performance of thi reeme whether or not such materials are in completed form,
shall at all times be considered the p" •I County.Contract Professional shall not make use of such
material for purposes other th • F nect on with this Agreement without prior written approval of
County.
38. Interruptions
Iti
Neither party to Is A t shall be liable to the other for delays in delivery or failure to deliver or
otherwise to p r obligation under this Agreement,where such failure is due to any cause beyond
its reasonable rol ncluding but not limited to Acts of God, fires, strikes,war,flood, earthquakes or
Governmental ac .
39. Severeblllty
If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of
competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
13
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
BY:
Deputy Clerk to the Board ,Chair
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected Official or Department Head
APPROVED AS TO FORM:
Director of General Se
County Attorney
CONTRACTOR \et
Conti.; or,Ti
Ctk"
44).
Cej
14
EXHIBIT B
CONTRACTOR'S PROPOSAL
PROVIDER INFORMATION FORM (Proposal Cover Sheet)
Weld County Department of Human Services
Tennyson Center for Children RCCF.1529814;DT-1529817
AGENCY OR PRIVATE PRACTICE TRAILS PROVIDER ID(It Known)
Kimberly Behounek Director of Admissions&Quality Assurance
PRIMARY CONTACT—FULL NAME PRIMARY CONTACT-TITLE
720 855-3341 1303 1433-9702
PHONE NUMBER EXT. FAX NUMBER
kimbarly.behounek@tennysoncenter.org wvAV.tennysoncenter.org
PRIMARY CONTACT-E-MAIL ADDRESS AGENCY/PRACTICE WEB ADDRESS(IF APPLICABLE)
296D Tennyson St. Denver 80212
AGENCY MAIUNG ADDRESS pry ZIP
Admissions staff(Heidi Peveto,Brittany Miller) Intake Assessment Specialist
REFFERAL CONTACT-FULL NAME IIFSJFPFBENT THAN PRIMARY C0NTYO REFERRAL CONTACT•TITLE
303 , 433-1232 admissions@tennysoncenler.org
REFERRAL CONTACT-PHONE NUMBER EIO, REFERRALCONTACT-E-MAILAODRESS
I certify that the services offered for intended use by Weld County will meet all the specifications it has so indicated
in this bid form. The Board of Weld County Commissioners reserves the right to reject any or 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.The Board of Weld County Commissioners shall give
preference to resident Weld County bidders in all cases where the bids are competitive in price and quality.
Signature of Authorized Representative: /c .11e.4c&.A $roil,'
Date of Signature: Q3/2v�iS
Please indicate the program area(s)you wish to be considered for:
2 Aftercare Services O Life Skills
❑ Anger Management/Domestic Violence 0 Mediation
❑ Crisis Intervention and Stabilization a Mental Health Services
Services O Monitored Sobriety Only
❑ Day Treatment El Multi-Systemic Therapy
❑ Foster Parent Consultation 0 Relinquishment Counseling
❑ Foster Parent Training O Sexual Abuse Treatment
❑ Functional Family Therapy 0 Substance Abuse Evaluation and
.Q Home-Based Intensive Services Treatment
❑ Home Studies O Other:
❑ Kinship Services O Other:
0 Other:
Tennysppn center
for Chilen
nT COLORADO OIIDISTiAN_IROMr.
'2980TtNNY$ON 8T.I DENVER,0080312-I'309.433.2841.I EAN303.433.8101
Program Area: Mental Health Services T
March 18,2016 r
Weld County Board of Commissioners, i
We thank you for the opportunity to bid to become a provider of various English
and Spanish services within Bid No. B1600047. The Tennyson Center for Children is I
seeking to start a satellite office in Weld County on or about 2230 131h St. Greeley, CO
,80631. We are bidding to serve clients in English and Spanish with full professional
proficiency and/or native or bilingual proficiency.Our target area would be to serve Weld 1
County residents by providing direct community based services in the mental health
services program area as described in the Bid No. B1600047. 1
Tennyson Center for Children is qualified to offer these services as evidenced by t
having operated an existing community based services team in the greater Denver Metro i
area for twenty six years. The existing team of 25 full time employees serves an average
of 65 families and provides on average 265 service hours per week. As an agency we ,
have contracts with Medicaid, some private insurance, and Child Mental Health
Treatment Act (CMHTA).to assure adequate and appropriate allocations of funding for 1 I
our community based services. The agency is experienced in providing and billing for I
these services. We are able and willing to abide by the requirements set forth by Weld
County Department of Human Services.
Tennyson Center for Children would accept referrals for the Weld County CORE
mental health services program Monday — Friday 8 am to 7 pm excluding observed
holidays through a centralized admission system to assure referrals are responded to
within 24 to 48 working hours of receipt. A basic referral screen is completed to assure I
needed information and authorization is received to commence services. If Weld County ,
DHS requests to create a referral system directly to the staff members who are providing
services in Weld County, Tennyson is willing to implement such as system as long as it i
permits staff members to continue providing the direct mental health service hours I
needed to residents of Weld County: I
Tennyson Center implements a trauma informed care practice model throughout
all services we provide to our clients. Our agency measures success based on ,
accomplishment of treatment plan goals focused around safety, stability, and
improvement in family functioning. Statistics and outcomes for FY16 (10/01/15 to
01/31/16)for our existing Denver Metro area community based team is as follows; ,
/ Average length of stay/enrollment was 150 days .
✓ 78%of clients discharged met greater than 75%of treatment goals
✓ 77%of clients discharged were successful based on logic model metrics
Every clinician is trained and uses an evidenced based model of therapy. The evidenced
based model of therapy utilized most often is trauma focused cognitive behavioral
therapy (TF-CBT). Other models include alternatives for families' cognitive behavioral
therapy(AF-CBT)and child parent psychotherapy(CPP).
1
tTennysQn
c�enter
Cfor Children
AT COLORADO CHRISTIAN HOME.
208GTENN%SONM.I DENVER,0080212:1 3094331841 I TAR303.433.4T01
Therapy: diagnostic&/or improve Bilingual,master's licensed 110.00
family functioning per hour
External meeting by request of Weld Bilingual master's licensed or 70.00
County(TDM,etc.) unlicensed per hour
6 hours per week of therapy with 1 Bilingual, bachelor and/or $2000.00
hour case management per month master's level staff per month
12 hours per week of therapy with 2 Bilingual, bachelor and/or $3750.00 per
hours case management per month master's level staff month
Mileage exceeding 35 miles one way Any Tennyson Staff attending .50 cents per
from Tennyson Greeley, CO office sessions or appointments mile
Program Area: Home-Based Intervention
March 18,2016
Weld County Board of Commissioners,
We thank you for the opportunity to bid to become a provider of various English
and Spanish services within Bid No. B1600047. The Tennyson Center for Children is
seeking to start a satellite office in Weld County on or about 2230 13111 St. Greeley, CO
80631. We are bidding to serve clients in English and Spanish with full professional
proficiency and/or native or bilingual proficiency. Our target area would be to serve Weld
County residents by providing direct community based services in the home based
intervention program area as described in the Bid No. B1600047.
Tennyson Center for Children is qualified to offer these services as evidenced by
having operated an existing community based services team in the greater Denver Metro
area for twenty six years. The existing team of 25 full time employees serves an average
of 65 families and provides on average 265 service hours per week. As an agency we
have contracts with Medicaid, some private insurance, and Child Mental Health
Treatment Act (CMHTA) to assure adequate and appropriate allocations of funding for
our community based services. The agency is experienced in providing and billing for
these services. We are able and willing to abide by the requirements set forth by Weld
County Department of Human Services.
Tennyson Center for Children would accept referrals for the Weld County CORE
mental health services program Monday — Friday 8 am to 7 pm excluding observed
holidays through a centralized admission system to assure referrals are responded to
within 24 to 48 working hours of receipt. A basic referral screen is completed to assure
needed information and authorization is received to commence services. If Weld County
DHS requests to create a referral system directly to the staff members who are providing
services in Weld County, Tennyson is willing to implement such as system as long as it
permits staff members to continue providing the home-based intervention service hours
needed to residents of Weld County.
Tennyson Center implements a trauma informed care practice model throughout
all services we provide to our clients. Our agency measures success based on
accomplishment of treatment plan goals focused around safety, stability, and
3
6-,Tennys:.n.Center
�foroCI la1en
NBOTENNYSOil ST.14EHVEH,dOSQllt-I°343.433.7841 I FA%3C3.433.0T03
improvement in family functioning. Statistics and outcomes for FYI6 (10/01/15 to 3
01/31/16)for our existing Denver Metro area community based team is as follows:
✓ Average length of stay/enrollment was 150 days
✓ 78%of clients discharged met greater than 75%of treatment goals
✓ 77% of clients discharged were successful based on logic model metrics r
Every clinician is trained and uses an evidenced based model of therapy. The evidenced
based model of therapy utilized most often is trauma focused cognitive behavioral
therapy (TF-C$T). Other models include alternatives for families' cognitive behavioral
therapy(AF-CBT) and child parent psychotherapy(CPP).
We propose starting the Weld County Community Based Services program with 3
full time staff (1 licensed bilingual master's level clinician, 1 unlicensed bilingual
master's level clinician,and one bachelor level,bilingual family support specialist). Staff
work either a Sunday-Thursday or Tuesday—Saturday schedule with evening hours up to —
8:30 pm expected 4 nights per week. The agency provides staff with a vehicle, laptop,
IPhone, and access to a shared portable printer in order to best serve clients in their
homes and other community locations. The agency provides staff with a vehicle, laptop,
iPhone, and access to a shared portable printer in order to best serve clients in their F
homes and other community locations. Our Electronic Health Record System is internet-
based, utilizing 128-bit SSL encryption for the website and individual logins/passwords for each staff member giving them access to client data on a need-to-know basis. Our
email system also utilizes 128-bit encryption for internal communications,and we utilize
128-bit encryption on our outgoing HIPAA-sensitive emails, with single-use passwords
to open the encrypted documents being delivered separately to each individual recipient.
Our laptops and iPhones utilize 128-bit encryption on their physical storage. All
passwords used throughout the agency are required to meet complexity standards,and are
unique to each individual, device and system. Additionally, as equipment is eligible for
upgrade, we are replacing PIN/password authenticated devices with biometric
(fingerprint) identification for device access. We have policies in place prohibiting the
use of SMS/Texting of HIPAA-sensitive data, as SMS/Texting is not HIPAA compliant
technologies. Finally, we maintain double-locked paper records both in the office and
while out in the community.
Staff receives weekly individual supervision and a minimum of bi-monthly group
supervision along with having phone and/or in person access to the supervisor during
working hours as needed. Supervisors provide direct job training and shadowing of
mental health services in the home or other community location throughout the
employee's tenure. The staff will receive supervision from Meridith Shuman LPC who is
the Director of Community Based Services who has four years of supervisory experience
and has the Advanced Clinical Supervisor (ACS) credential. The Chief Program Officer
is Don Maestas LPC CAC III who has five years of supervisory experience. Don is 1
Meridith's direct supervisor.
Tennyson Center is able to blend funding between payer sources when applicable. ;
We are contracted with Medicaid, some private insurances, and CMHTA. It our practice 1
to staff cases for ability to continue services after two missed appointments. We will
provide services within a 35 mile radius of 2230 13a St. Greeley, CO 80631. Once the a
4
PTennys n Center
• C for Children
AT COLORADO MEMO HOME.
2090TENNr909ST.I DEhME9,CO 90212 I 303:493.2941 I FAR909d99.OIOL
and has the Advanced Clinical Supervisor (ACS) credential. The Chief Program Officer
is Don Maestas LPC CAC III who has five years of supervisory experience. Don is
Meridith's direct supervisor.
Tennyson Center is able to blend funding between payer sources when applicable.
We are contracted with Medicaid, some private insurances, and CMHTA. It our practice
to staff cases for ability to continue services after two missed appointments. We will
provide services within a 35 mile radius of 2230 13th St. Greeley, CO 80631. Once the
service location exceeds 35 miles one way we will charge mileage. Fee structure options
are as follows:
Aftercare Services Provider Rate
Therapy: support reunification Bilingual,bachelor level 80.00
per hour
Therapy: support reunification Bilingual,master's unlicensed 100.00
per hour
Therapy: support reunification Bilingual, master's licensed 110.00
per hour
External meeting by request of Weld Bilingual master's licensed or 70.00
County(TDM,etc.) unlicensed _per hour
6 hours per week of therapy with 1 Bilingual, bachelor and/or $2000.00
hour case management per month master's level staff per month
12 hours per week of therapy with 2 Bilingual, bachelor and/or $3750.00 per
hours case management per month master's,level staff month •.
Mileage exceeding 35 miles one way Any Tennyson Staff attending .50 cents per
from Tennyson Greeley, CO office sessions or appointments mile
Tennyson Center for Children belives that with the proper support, children and
families possess the capacity to heal. It is our role to help children and families identify
what strengths they possess and aid them in leveraging these skills and resources to
overcome obstacles and live empowered lives. We appreciate the opportunity to
collaborate with Weld County in providing mental health services for the residents of
Weld County.
Respectfully,
Kimberly Behounek LPC CAC III
Director of Admissions&Quality Assurance
(Other Person Authorized to Bid in This Matter)
•
Tennyson Center for Children 2950 Tennyson St.Denver,CO 80212
Main phone: 303-433-2541;Referral line: $03-433-1232
Main fax: 303-433.9701,Admissions fax: 303-433-9702
Email: admissions@tennysoncenter.org
Website:www.tennvsoncenter.org
1.7
i
Meridith Shuman
6439 S Vinewood St#205 Littleton,CO 80120 1757-352-8792 I meridith.shuman@gmail.com
Education
Regent University,Virginia Beach,VA
Master of Arts in Community Counseling June 2006-August 2008
John Brown University,Siloam Spring,AR
Bachelor of Science in Psychology August 2002-December 2005
Areas of Specialty
Trauma Recovery
Eye Movement Desensitization Reprocessing
Dialectical Behavior Therapy
Clinical supervision
Clinical Experience
Tennyson Center for Children
Director of Community-Based Services January 2016-Present
• Provide leadership and supervision to the community based services team and direct
supervision of therapists,family support specialists,and supervisors
. Provide leadership focusing on the areas of clinical philosophy, culturally-specific programming,
budgeting,outcome evaluation and practice standards
. Provide ongoing quality assurance and program development related to community based
services,including quality of services for Spanish-speaking families
• Responsible for the implementation of all state licensing regulations,Medicaid compliance and
COA accreditation standards for community based programming
. Coordinate and facilitate trainings and consultation services as necessary to support staff
• Works closely with referral sources,admissions department and staff to ensure effective
partnership on cases demonstrating adherence to established contract expectations and agency
guidelines
• Form and maintain positive alliances with representatives of community agencies and
participate in collaborative meetings and projects as needed
• Assist in the marketing and development of existing and new programs
Community Reach Center
Program Manager,Outpatient July 2015-January 2016
• Organizes, administers and oversees the operation of the Thornton outpatient team to enhance
the quality of treatment consumers receive and ensure compliance with company goals
. Oversees,coordinates and provides professional leadership in the provision of clinical services
• Responsible for the administrative oversight of the team,Including financial resources and
facilities management
MHHIDITH SHUMAN PAGE 2
. Provide clinical and administrative supervision for 20 staff,17 clinical and 3 non-clinical to
Include ensuring compliance with performance standards and implementing performance
improvement plans as necessary
. Develop policies and procedures for the program and collaborate with the quality assurance
department to improve procedures
• Facilitate weekly team meetings,providing training as necessary
• Participates In the selection process for internal and external candidates for program staff
• Provide clinical services as needed
National Counseling Group
Outpatient Therapist September 2014-Present
. Initiated and presently run the outpatient therapy program at the Virginia Beach site as well as
• the first dual lob holder program in the company for clinical supervisors to also provide
outpatient therapy on a paid part-time basis
. Created a program manual and trained new outpatient therapists
. Conduct individual therapy with a small caseload of clients
• Complete all necessary documentation required for maintenance of client records In accordance
with insurance standards
Clinical Supervisor June 2012—
Present
• Managed 10 community-based counselors and provide administrative and clinical on site and
live supervision weekly;remain available to staff 24 hours daily to assist with crisis intervention
. Provide clinical supervision to board-approved residents in counseling
• Evaluate and appraise staff performance and implement disciplinary action as necessary
. Participate in weekly site management meetings and bi weekly staff meetings as well as run
group supervision bl weekly
. Provide clinical training to staff as part of the management team
. Ensure proper maintenance of client records and conduct reviews of client documentation
. Created a site wide system to track service referrals,managed all incoming service referrals and
coordinated obtaining needed documentation and assigning assessments
Newport News Behavioral Health Center
Clinical Therapist September 2008—June 2012
• Provided therapeutic intervention services to ages 10-19 with;co-occurring disorders,trauma,
moorland anxiety disorders,personality disorders,conduct disorders,psychosis,reactive
attachment and pervasive developmental disorders.
. Provided crisis counseling,individual,family, and group therapy.Included were psycho-
education, process,dialectical behavior skills training,and Seeking Safety groups.
▪ Conducted Initial psychosocial assessments, identified diagnosis and created treatment plans In
conjunction with clinical treatment team.
. Coordinated case management,led client staffings and served as liaison to referral sources.
Provided exceptionally high level of customer service excellence to referrals.
. Managed calendar of treatment teams and coverage for absent
therapists.
M661UITHSHUMAN PAG63
City of Virginia Beach MHSA Day Treatment
Intern August 2007-April 2008
• Experience co-facilitating and leading process groups for co-occurring,mental health and
substance abuse disorders.
. Provided crisis counseling,psycho-education and individual therapy.
. Coordinated treatment planning and led orientation for the program.
Credentials and training
Licensed Professional Counselor,Colorado and Virginia
Approved Clinical Supervisor,NBCC
National Certified Counselor, NBCC
Certified Traumatologist,Green Cross
Certified Residential Child and Youth Care Professional and Certified Trainer
Completed EM DR training Part 1 and 2,In process of certification;EMDRIA
Completed several trainings in Dialectical Behavior Therapy
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ASS SShiE1lT:rlI SINES SUi'f'ORTSET{VICI:v.cREOENTIALINO.
Decemker3,.2015
Mgridith Shuman
0:439S Vinewood St 4205
Llttletdh,_'te 80120
.O.ear Meridith Shuman:
Congratulations on earning your Approved Clinical Supervisor (ACS) credential. We
appreola"te your, work in the field and your support of the credential, You may now use the
,designation"ACS''Mowing your name.as pert df your professlgnat credentials.
4redentlal1 Materials Your certificate.Is enclosed and is valid fRi is years. CCE Board
policy.ddes not allow the use of titles and degrees'on the certlltcate.Your credentialing date'and
rlpml7etappear off the•certificate,along with.the.expiration,date.
Vet)flcatlon of Credential,—This letter is intended for your personal:records, It does not serve
as ofillrial verification of your oredentlat :status'to a third party. We will provide a verbal
veriiication of,your credential status al no charge upon request, CCE also features a free
credential holder directory online at www.cceljlohalsoro/Pub/SeerchInfo,
Annual Maintenance Pee —To maintain your active credential status; credential holders'are
charged an.annual maintenance fee of$50.
13ecredentlaling,— in:order to recredontial, you must.complete t8 clock hours of continulhg
,education activities prior to the: explrali.on date on your certlfiodte. You must verify your
conftniting education hours via the 'guidelines. provided on our w.ebsite. Please, find the
•necessary Information regarding continuing education requirements for your credential at
WWW,cee-giobal:org/ACS/Maintaln.
Again,cangratulations on thisimportant professional achievement.
Sincerely,
The Canter for Credentlaling& Education (CCE) •
Enclosure
•
CCE IS AN AFFILIATE OF THE NATIONAL BOARD FOR.C RTIFIEP:GOUNSELDR5,INC.
•
•
•
• L '
VIRGINIA COONSELORS ASSOCIATION
•
wwwivcacounst#lors.org
V.I'RG•INIA COUNSELORS ASSOCIATION
3'16 H.od•g,es Cove Road , Yorktown , VA 23.692
('t19:0') *26. 4103 (757) 766-e466 ( 757) 766 -5467 FAX
Continuing Education Verification
A Professional:D.ovelopment workshop offered by the
Virginia Counselors Association
August:15,2013,8:30 am—5:00 pm
• August 16,2013,8:30 am—5:00 pm
August 17,2013,9z30 mu—3:30 pm
Virginia Tech Center—Richmond,VA
Natic4t ai'tlolpant;dvlorlalthSluirna -
ty. r
.£sJ loi,6tc, N6cQ.#`R LECT:Jcensa# 6"f N006zs
•
Ihapersdtt lileal(Otttl above partiolpated.inthe tollowing professional activity:
•
W M1 i e )y, Y h 4 i l d k y,{,�1 , e ! l 3,
,ruslt^4 �.+�'i?C'} x�yy77�� I t-'t•7•{y., 7 i• F(�� liti.I'.Gl'It�tir `;f 1i..o tr i ,� � �!00,;V„,10%.,34
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,a;J a
/aclltii@tii upplrvlgion 3ti,Virginia"training developed by Drs.gerutd J '7.5'(d:awl)
Lawson tutdtaurtLWelfare and presented by Gerard Lawson,Ph.D.,LPC, C'r:7.S(day7,)
Net;an Asgoointe Professor,Virginia Tech Counselor Education progtam. of 5,0(day 3)
(This Training Includes 4 hours of Ethics)
-15 i°allN S x eta, "ttpycri.xss Y (' 1,cr .,sl v: is t .7•
,.y�e. , cy' , ,(
l`r ut +: „i��efiei ,hit-;�_ ,+N��t]tth3 ACT..frC+ 441 W_
Moto to Cerllflcantt creditcen be granted for your pgrticIpatiou In sossionslhat focus on increasing knowledge aui$orskllls'In
flitpracticeofCounseling; Only,rcquestcredltt'or sessions aticndedhi their entirety. This documentation should belceptinyeua
LkC continued competency lie Ibraunual Ttcensuroaentwal or.in your NBCC supplied continuing education.file. Include any
agendapr;libudoutswith gout tbriu.fbrfdontlfoadoti and description of specific sessions,
'Pq_r{idipant Verla¢atlont l alto% that ilto above infbrmutlon accurately reflects my attendant:° at:the stated activity or
Parti'gipunt! -1s Signature;`f r I.Q,i,�{,LIl 7"{ y�f l Date: ES/ /1 AGBI:
MCC:47.461'44
*tit. v' te44,.tss e.- PAM
Authorizad Signature: Date: August 17,201.3
Vicky 7.Wileeleti bisector Approved provider
VCA MemborScrvlcos St Operations Virginia Counselors Association
NDCC Provhlcr#.2047
PfMp
Certificate of Successful Completion
Real World DBT:Adapting Dialectical Behavior Therapy to Fit Your Practice '
Speaker(s): MARK.OARLSON, PSY.D., L.P.
.8/17I20Y3
Newer/II News,VA
The follawing participant
Meridith:Shuman
{License`prifapp1lcable)
has.compieted th'e above•referenced cducationat activity in its entirety or as indidated below.
Tftbrertlffcatwptovidetspunsorkeriflpatlonofiru[Iyldualafendnnbeand.maybeusedtoryourreponisorfornnylicensingnotliswilbelolr. We
InaintMiLAitdadpnee records far 7 years,
C0UNSELOji&CMI Education Institute,Inc,Is an approved provider of(he National Board of Certified Counselors,NU0C Provider#::6.837.
We adhfm(a NI30CC.antinuing Education Guidelines.This course quellfiesfor 6:25 contact hours.
'•�^Counselor In partial attendance:CE hourawill be reported la the board based on the times Indicated on the AM/PM sign-In sheets.
SCCiALWORKERS;CMI Education Institute,Inc.Provider#:1062,is approved as a provider for continuing education by the Aesoetaticn'of
SWAT WorkOaerde,400•Septh Ridge Parkway,Suite El;Culpeper,VA 237D1,www.aawb,org.ASWBApproval Period:January 27,
tot l Jahualy 27 2014,'6odlal workers should contact thel'r regulatory board to determine course approval.Social workers-wlil recelve'626
(C11NGO aont(nul`ng educattdntdook ftoyre7n participating halite intermediate course.
"".„___Spete1 Wbrlter'inpettiabaliendanc9.OE.hours will be reported to the board based on the times Indicated on the AM!PM sign-in
QOM,. •
MARRIAGE AND FAMILY THERAPISTS:This activity cpnslated OM minutes of continuing education Instruction.Credit requirement and,
appteyaf$vary.perbtate board regulations.Please Sege the course outline,this certificate of Completion and contact your state board or
organtiatlop to determine specific fling requirements.
"" ,mardaee and Family Therapist In partial attendance.DE hours will be reported to the board based on the times Indicated on the
A> .vl'NI�i5-Ip 9fleet..
PSYCHOLOGIST$t gMJ adeeatlpn institute,Inc.Is approved by the American Psychological Association to sponsor continuing education for
F4Il holatt pdatib olmtnka neN spponsll aleityffor
rlt hits
sprH-gramd end
its.r partial attendance.lseminar awards 6:0 credits to participating professionals.
ADDICTIONICbUNSELOR&CMI Education insttute,Inc.!sir approved provider of continuing education by lila NalldndlA's8'oelatlon of
Aldohollein&Ding Abuse Counselors(NAADAC),provider#:00131.Full attendance le required;no partial credit will be awarded for partial
eltfltlance;Thia,modrso quallftes for 7.5 contact hours. -
NURSEWNURSE PRACTITUCNERS/CLINICAL NURSE SPECIALISTS:This activity meets the criteria tot an American Nunes Credentlatng
Ceritar(ANCC):A'ctivity..OMl Edubation Institute,ho,le an approved aparisor by the American PayoholaDIcal Associattoa,.whldh isaecogntred
bf ldd_.SCOW behavioral health related a.Ctivples,Full attendance Is required;no partial credit Will be awarded tot partial attend'snte.
This rlbtlgittfrquallfies fet''e,o contact hours;
O.TNER PROFESSIONS:This activity qualifies for 380 minutes of instructional content as required by many national,state and local licensing
boards end proleeslonal organizations.Retain your certificate of completion and contact your board or organization for specific fliing •
repukemehts,
•
Attbddes Impartial attendance.CE hours will be repotted to the board based on the times Indicated on the AM'PM sign-In:sheets.
DISCLAIMERS:
*irtayodr ethical responsibility to report accurate hours to your licensing board.If you are In partial attendence a revised cattlficate Will be
sent tp yegef(afitheidotiVily.
"Even though you have received this Certlhoate of Attendance,If you have a balance due,thebalance must be paid In full within 30 days,or
The back of this curtifluate may contain additional information
•
yr tee-- .r te --
Ashley Mork,Continuing Education Administrator Kristine Classify,Continuing Education Administrator
Premier end CMI Education 1.800-844.8260
P.O.Box 1000, Eau Claire,WI 54702.1Q00
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a;:
The University of Oklahoma OUTREACH
National Resource Centerfor Youth Services
Residential Child & Youth
Care Professional Trainer
CERTIFICATE Of ACHIEVEMENT
.ACHIEVEMENT
Presented to
t leredith Sims
fir ,
Succes(ui completion of the trainer certification course and demonstrated
knave:edge irt.the competency.areas whkh define the program's objectives,
Au hoed to,conduct trainingfrom the MRCVS
Residential Child&Youth Care Professional Curriculum.
within the sponsoring organization. •
in. :.yem„.....„.„„.
ehlt Li;;QAP4.4--1
Bregidei r DEAL
"1`.Itgth iverslty.ofOldahoma C e61Coutildh Lducation
. . Cd Awe
.cZ„ }grit Program Dircttor
\MRCVS CompletiortDate NovB'rnter18, 2010
mounMrpya pw>tar.omiokrn
■ Nallaml R/Wu!albmtW ter YdWrNhba..
DONALD R.MAESTAS JR.,MA,LPC, LAC
4163 Quitman St.Denver CO 80212 a : (303)550-8382 4 PRMaeslasOgntaiI.com
Behavioral,Health Executive
Solution oriented executive driven to developing strong management teams that foster positive employee
culture and deliver services that consistently exceed client expectations. •
✓ Licensed Professional Counselor(LPC)and Licensed Addiction Counselor(LAC).
✓ Professionally trained and experienced in using several Evidenced Based Practices and Therapeutic
Models,including Trauma'Informed Care training.
✓ Develop diverse multidisciplinary management teams that work collaboratively to seek solutions and
position the agency for growth.
✓ Experience serving diverse populations including:children,adolescents,young adults,adults and elder
adults in varying range of acuity levels and in multiple clinical service environments.
✓ Maintain all programs to meet or exceed Colorado licensing and COA standards.
TENNYSON CENTER FOR CHILDREN,DENVER,CO 0CT,2016—CURRENT
Chief Program Officer
• Executive Manager for all clinical programming including: Admissions and Quality Assurance,
Residential Program,Day Treatment Program,and Community Based Services Program.
• Responsible for revenue development,forecasting,and management.
• Manage the overall clinical and administrative supervision and direction of Program Leadership
Team including:Director of Admissions and Quality Assurance,Clinical Director of Residential
Programs,Clinical Director of Therapy,and Clinical Director of Community Based Services.
• Manage budgets for clinical programs.
• Responsible for standards compliance and monitoring and the development of applicable clinical
and administrative policies and procedures.
JEFFERSON HILLS,LAKEWOOD,CO 2012—2015
Clinical Program Director-Lakewood(2013-2015)
• Provide direction and management of the milieu/program and clinical services for the Lakewood
clinical programs,including New Vistas(sub-acute,crisis stabilization)and Jefferson Academy
(day treatment).
• Responsible for program planning and operation,customer service,standards compliance and
monitoring and the development of applicable clinical and administrative policies and
procedures.
• Manage the overall clinical and administrative supervision and direction of clinical and program
staff,including: program manager,therapists,shift leads and milieu counselors.
• Provide directions and continued evaluation of programming and staff compliance to maintain
safety and security of the residents and staff,including clarification and structured review of
policies and procedures with staff
• Provide several clinical trainings monthly for all levels of staff at Jefferson Hills(2013—Current)
including Suicide Intervention and Client Confidentiality and Professional Boundaries.
Program Manager(2013)
• Directly supervised program staff including 6 Shift Leaders,25 Milieu Counselors,and 12 On-
Call Milieu Counselors,as well as providing Clinical consultation and support for Therapists.
• Provide directions and continued evaluation of programming and staff compliance to maintain
safety and security of the residents and staff,including clarification and structured review of
policies and procedures with staff
• Manage budget requirements including petty cash,purchasing,and staffing costs.
Therapist(2012—2013)
♦. Licensed therapist providing intensive,short term individual and family therapy.
• Conducting clinical case management services including Utilization Reviews.
• Providing clinical on-call support services within a rotation,supporting milieu and admissions.
• Exhibit strong clinical and leadership skills supporting New Vistas staff and consumers.
Page 1 of 3
DONALD R.MAESTAS JR.,MA,LPC,LAC
PRIVATE PRACTICE,LAKEWOOD,CO 2010—CURRENT
• Provide individual counseling for trauma,anxiety,grief and loss,addiction and life transition&
changes serving adults and adolescents.
JuDISHoUSE,DENVER,CO 2010—2012
Grief Counselor,Lead Staff
• Provide clinical oversight as House Lead for staff,interns,and volunteers.
• Provided individual,family,and group counseling serving adults and children.
• Supervised clinical staff during program delivery,including therapists,interns,and volunteers.
• Provided parenting consultation and psycho-education regarding Grief and parenting skills.
• Support programming development including co-authoring the Caregiver(Parenting)
Pathfinders Curriculum and contributing to Child and Adolescent Pathfinders Curriculum.
Group Facilitator(Contract Employee,2010—2011)
♦ Facilitate Parent and Teen grief support groups.
Heroic Journey Research Coordinator(Contract Employee,2010—2011)
♦ Caregiver and student 3 week,6 month,&1 year follow up research administrator,as well as
clinical reporting.
• Coordinator between Judi's House and Univ.of Colorado Boulder Research Team.
•
OUTWARD BOUND,GOLDEN,CO ON PARTNERSHIP WITH JUDI'S HOUSE) 2010—2011
Heroic Journey Course Advisor
• Provided complex clinical intake and assessment services..
• Delivered therapeutic services for teens and parents.
DEPT.OF HUMAN SERVICES,DENVER,CO 2007-2009
Adult Protection Team—Difficult Case Review Team Member(Volunteer)
• Participated on a multi-disciplinary advisory board reviewing difficult cases.
JUDI'S HOUSE,DENVER,CO 2008—2009
Grief Counselor(Intern)
• Facilitated grief support group for parent/adult caregivers,as well as children ages 3-18,
• Grief support during Heroic Journey(an Outward Bound course for teens who had been
experienced a death loss)providing group facilitation and individual grief support.
MENTAL HEALTH CENTER OF DENVER(MHCD),DENVER,CO 1996—sow
Critical Incident Stress Management Team Member(1999—2007)
• Provide clinical services addressing a specific traumatic/catastrophic event.
Residential Counselor(2004—2007)
• Worked on-site at a residential facility for diverse,dually diagnosed adult population.
Clinical Case Manager(1998—2004)
• Managed a caseload of 13 to 22 adult clients with dually diagnosed adult population severe
mental illness.
Residential Counselor(1996—1998)
• Worked on-site at a residential facility for diverse,dually diagnosed adult population.
EDUCATION
MASTERS OF BUSINESS ADMINISTRATION (Graduation June,2016)
UNIVERSITY OF COLORADO
MASTER OF ARTS IN COUNSELING WITH HONORS
REGIS UNIVERSITY,DENVER,CO
COMPLETED 42 UNDERGRADUATE CREDIT HOURS IN PSYCHOLOGY
UNIVERSITY OF COLORADO AT DENVER,DENVER,CO
BACHELOR OF ARTS IN PHILOSOPHY
UNIVERSITY OF COLORADO,BOULDER,CO
Page 2 of 3
DONALD R.MAESTAS JR.,MA,LPC,LAC
PROFESSIONAL AND PERSONAL REFERENCES AVAILABLE
SHEILA AIKEN
Director of Clinical Services at Jefferson Hills and direct clinical supervisor from 2013-2014.
(917)805-9259
AIKENSHE@GMAIL,COM
JOHN EISEN
Clinical Program Director at Jefferson Hills and direct clinical supervisor from 2013.
Program Director at Judi's House and direct clinical supervisor from 2011-2012.
(303)241-4856
JEISEN001@YAHOO.COM
ATSUKo OKSAWA
Interim Program Director at Judi's House and direct clinical supervisor 2011.
(In Japan until mid-late September but available by email)
ATSUKOOKUZAWA@OMAIL.COM
SPEARS DRISKELL
Clinical Case Manager at MHCD and co-worker from 1996—2006.
(720)224-3290
ROBERT,DRISKELL@DENVERGOV.ORG
DRISKELL@GMAIL.COM
KYRIL GURTOVENKO
Clinical Researcher at the University of Colorado at Boulder in partnership with Judi's House and co-
worker from 2009—2012.
(303)827-9301
KYRILL.GURTOVENKO@ GMAIL.COM
JUDY BECERRA
PROGRAM DIRECTOR ATJUDI'S HOUSE AND DIRECT CLINICAL SUPERVISOR PROM 2008—2011.
(303)875-9538
JBJBBBGB@AOL.COM
•
Page 3 of 3
EXHIBIT C
SCOPE OF SERVICES
1. Contractor will provide Home Based Intensive Services(Home-Based Intervention)to Weld County to
families,as referred and authorized by the Department.
2. Contractor will provide services within a 35-mile radius of 2230 13th Street,Greeley,Colorado. For
services that exceed 35 miles one way,Contractor will request approval to bill an additional mileage fee.
If approved by the Department,Contractor will charge$.50/mile to be paid through Case Services or
other funding source as determined by the Department.
3. Contractor has the capacity to provide bilingual(Spanish)and monolingual services.
4. Contractor utilizes a trauma informed care model for all services with a focus on safety,stability,and
improvement of family functioning.
5. Contractor utilizes the following evidenced-based therapy modalities:
• Trauma Focused Cognitive Behavioral Therapy(TF-CBT)
• Alternatives for Families'Cognitive Behavioral Therapy(AF-CBT)
• Child-Parent Psychotherapy(CPP)
6. Average length of stay is 150 days.
7. Contractor is contracted with Medicaid,CMHTA,and some private insurances. Contractors agrees that
when available,services will be billed to the above funding sources before Core funding is accessed.
8. Contractor will provide a minimum of weekly individual supervision and bi-monthly group supervision to
its staff.
9. Contractor is sensitive to family ethnicity,culture,values and beliefs.
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.
11. 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.
12. 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.
13. 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.
1
14. 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.
15. Contractor understands that the Department will not reimburse Contractor for"no shows"after two(2)
consecutive"no shows". It is the responsibility of the Contractor to communicate"no shows"to the
Department in a timely manner to determine continuation of services.
16. Contractor understands that the Department does not reimburse for cancelled appointments,either on
the part of the client or the Contractor.
17. 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. The Department will reimburse for actual participation in the meeting only so long as the
meeting is at least one hour in length,participation in the meeting is deemed appropriate and necessary
by the Department,and the Contractor obtains the Facilitator's signature on the Client Verification Form
at the time of the meeting. 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
EXHIBIT D
PAYMENT SCHEDULE
1. Funding and Method of Payment
The Department agrees to reimburse the Contractor in consideration of the work and services performed
under this Agreement at the rate specified in Paragraph 2,below. The total amount to be paid to the
Contractor during the term of this Agreement shall be reported by the Department in Trails after May 31,
2017.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department
expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Agreement,whether in whole or in part,is subject to and contingent upon the
continuing availability of said funds for the purposes hereof. In the event that said funds,or any part
thereof,become unavailable as determined by the Department,the Department may immediately
terminate the Agreement or amend it accordingly.
2. Tees for Services
$80.00/Hour(Bilingual-Bachelor Level,within 35 miles of 2230 13th Street,Greeley,Colorado)
OQAO%Hour(Bilingual o Mb t "p:ua i . ye ts.•.nh. nsed within 35 miles of 2230 13th Street,Greeley,
Colorado)
$110.00/Hour(Bilingual-Master's Licensed,within 35 miles of 2230 13th Street,Greeley,Colorado)
$2,000.00/Month (6 hours Therapy per week/1 hour Case Management per month,within 35 miles of
2230 13th Street,Greeley,Colorado)
$3,750.00/Month(12 hours Therapy per week/2 hours Case Management per month,within 35 miles of
2230 13th Street,Greeley,Colorado)
$70.00/Hour(Court Staffing/Court Facilitation/Family Team Meeting/Team Decision Making Meeting)
$.50/Mile(Additional fee per mile for service locations exceeding 35 miles one way from 2230 13`^Street,
Greeley,Colorado)(Paid through Case 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 7th 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
Client#: 1089099 TENNYCEN
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDO/YYYY)
3/22/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(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 CONTACT
USI Colorado,LLC C/L NAME: Maricor Price
P.O.Box 7050 ADDrES,so:800 873.8500 I jac,No): 303 831-5295
EMAIL den.eertificate@usi.blz
Englewood,CO 80155 ADDRess:
800873-6500 INSURERIS/AFFORDING COVERAGE NAIG#
INSURER A:Hanover American Insurance Comp 36064
INSURED INSURER B:Hanover Insurance Company 22292
Tennyson Center for Children
At Colorado Christian Home INSURER C:Pinnace'Assurance Company 41190
INSURER D:Philadelphia Indemnity Insuranc 18058
2950 Tennyson Street Allmerica Financial Be___
Denver,CO 80212-3029 INSURER E: _ __41840
INSURER F: f
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR 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.
ILTRNSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP �-
NSA WVD POLICY NUMBER IMM/DOJYYYY) (MM/DDNYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY X Z24A43533301 10/01/2015 10/01/2016 E EpAApCM�,HOEECC'fppURppRENCE I51,000,OW
I CLAIMS-MADE X OCCUR PREMISES(EeENTTEDnce) ISIOO,000
MED EXP(Any one person) IS5,000
PERSONAL B ACV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s3,000,000
PRO-
POLICY JECT LOC PRODUCTS-COMP/OP AGG 151,000,000 I
OTHER:
E AUTOMOBILE LIABILITY AW4A43530901 10/01/201510/01/2016 COIABINEO SINGLE LIMIT
(E:aLY INJURY
NN) 51,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED —SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE
AUTOS 5
iPer accident;
S
B X UMBRELLA LIAB X OCCUR UH4A43533401 10/01/2015 10/01/2016 EACH OCCURRENCE $4,000 000
EXCESS LIAB CLAIMS-MADE
AGGREGATE s4,000,000
PEP I RETENTIONS
S
10/01/2015 10/01I2014X /STAT
c WORKERS COMPENSATION 4085885 — fSTA I 0TH.
AND EMPLOYERS'LIABILITY Y/NMUTE I6q_
OFFICERR/MEMBER EXCLUDED ECUTIVE N N/A EL EACH ACCIDENT §500,000
(Mandatory in NH) E.L.DISEASE.FA EMPLOYEE s500,000
If yes,descdbo under
DESCRIPTION OF OPERATIONS below _ EL DISEASE•POLICY LIMIT $500,000
A Professional Liab ZZ4A43533301 10/01/2015 10/0112016 $1,000,000 Each Claim
$3,000,000 Aggregate
D Cyber Liab PHSD1083029 10/01/2015 10/01/2016 See Below
DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mere space is required)
Cyber Liability
Policy#PH5D1083029
Policy Term: 10/01/2015 to 10/01/2016
Network Security and Privacy Liability-$1,000,000 Limit
Security Event Cost-$1,000,000 Limit
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Weld County,State of Colorado, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
by and through the Board of ACCORDANCE WITH THE POLICY PROVISIONS.
Commissioners of Weld County
Attn:Weld county Judy A.Griego AUTHORIZED REPRESENTATIVE
P.O.Box A
I Greeley.CO 80632 d� - L ti S. t
@1988.2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD
#517475554/M16378299 MXPBC
DESCRIPTIONS (Continued from Page 1)
Certificate Holders Includes:Weld County,State of Colorado,by and through the Board of County
Commissioners of Weld County, Its employees and agents
The General Liability Policy include an automatic Additional Insured endorsement that provides Additional
Insured status to the Certificate Holder(Weld County,State of Colorado,by and through the Board of County
Commissioners of Weld County, its employees and agents),only when there is a written contract or written
agreement between the named insured and the certificate holder and with regard to work performed on behalf
of the named insured.
The General Liability includes an endorsement providing that 30 days notice of cancellation for reasons
other than non payment of premium and 10 days notice of cancellation for non payment of premium
will be given to the Certificate Holder by the Insurance Carrier.
SAGITTA 25.3(2014/01) 2 of 2
#S174755541M16378299
RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - ART AND SOUL CARE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Child Protection Agreement 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 Art and
Soul Care, LLC, commencing June 1, 2015, and ending May 31, 2016, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Child Protection Agreement 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 Art and Soul Care, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of July, A.D., 2015, nunc pro tunc June 1, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�(
ATTEST: ditifeivv• �� � �� i c;� ,tA_t l „ zy1
Barbara Kirkmey r, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY: 42Q0.10113 •)ity Clerk to thefa-11A
rd /��� EXCUSED
LAS can P. Conway
APP ' ,,�•i� ,t►; _/ 6/& '
/
F34 M: j R `., �i��Gc
f� tut (I .t. u i- A. Cozad
y Attorney
Oun°teve Moreno
Date of signature:
C'C:Itsgm 'b7 2015-2473
HR0086
ed /O-44/2y
MEMORANDUM
DATE: July 13,2015
1861
TO: Board of County Commissioners—Pass-Around
r.
FR; Judy A.Griego, Director, Human Services
C U R
RE: Weld County Department of Human Services' Child
Protection Agreement for Services with Art& Soul Care, LLC
(Core)
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of a Child Protection Agreement for Services between the
Department and Art& Soul Care,LLC.The major provisions are as follows:
Term Service/Funding Rates
This agreement shall become Life Skills, and Kinship $110.00/Hour(In-office)
effective on June 1, 2015, Provider Support and
upon proper execution of this Consultation $125.00/Hour(Out-of-Office
Agreement and shall expire within Weld County)
May 31, 2016, unless sooner Core
terminated as provided herein $110.00/Hour(Court
Facilitation/Court
Staffing/Family Team
Meeting/Team Decision Making
Meeting with approval to bill)
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Request
BCw e Wr
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
Pass-Around Memorandum;July 13,2015 Page 1
2015-2473
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND ART&SOUL CARE,LLC(CORE)
This Agreement,made and entered into theary of 2015,by and between the Board of Weld
County Commissioners,on behalf of the Weld County Departmen of man Services,hereinafter referred to as
the"Department'and«Contractor»,hereinafter referred to as the"C tractor".
The parties to this Agreement understand and agree that the provisions of this Agreement specifically
include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Proposal,
Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and
incorporated herein by this reference.
W ITN 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 Life Skills and Kinship Parent/Provider Support and Consultation.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This agreement shall become effective on June 1,2015,upon proper execution of this Agreement and
shall expire May 31,2016,unless sooner terminated as provided herein. The agreement is for a period of
three years. However,the agreement must be renewed by both parties,in writing,on an annual basis.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for services in compliance with
Exhibit B,Contractor's Proposal and Exhibit C,Scope of Services.
3. Referrals,Billing and Tracking
a. Contractor understands and will comply with all aspects of the referral authorization,billing and
tracking requirements as set forth by the Department. Failure to comply with all aspects may result
in a forfeiture of payment.
b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-
mail address prior to the start of this Agreement. Contractor acknowledges that services are not
authorized until the Contractor has received an authorized referral form from the Department.
Contractor further acknowledges that services provided prior to the authorized start date or outside
the scope of services on the referral form will not be eligible for reimbursement.
Contractor acknowledges that any and all modifications to an existing referral must be approved
through the Department's Resource Manager,Child Welfare Contract and Services Coordinator,or
through a Team Decision Making(TDM)meeting or Family Team Meeting(FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month,
following the month of service,utilizing billing forms required by the Department.
1
d. Contractor agrees to submit a monthly report with the billing statement by the 7ch of the month
following the month of service for each client receiving ongoing services. One-time services will be
verified through receipt of the completed product(ex.psychological evaluation,substance abuse
evaluation). Verification of Monitored Sobriety Services will be the test result.
Contractor will document in detail any and all observed or verbalized concerns regarding any child
whom the Contractor is working with under the Agreement. Areas of concern may include,but are
not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be
reported immediately to the caseworker AND on the required monthly report.
Monthly reports will be submitted through the Department's online reporting system,unless
otherwise directed or agreed to by the Department.
4. Payment
a. The Department and the Contractor agree that all benefits from private insurance and/or other
funding sources such as Medicaid(if Contractor is a Medicaid eligible provider)or Victim's
Compensation must be exhausted before Core Services or other Department funds can be accessed
for services.
b. Payment shall be made in accordance with Exhibit A,Weld County's Request for Proposal,Exhibit
B,Contractor's Proposal,Exhibit C,Scope of Services,and Exhibit D,Payment Schedule,attached
hereto and incorporated herein by reference,so long as services are rendered satisfactorily and in
accordance with the Agreement.
c. Payment pursuant to this Agreement,whether in whole or in part,is subject to,and contingent
upon,the continuing availability of said funds for the purposes hereof.
d. The Department may withhold reimbursement if Contractor has failed to comply with any part of
the Agreement,including the Financial Management requirements,program objectives,contractual
terms,or reporting requirements. In the event of forfeiture of reimbursement,Contractor may
appeal such circumstance in writing to the Director of Human Services. The decision of the Director
of Human Services shall be final.
5. Financial Management
At all times from the effective date of the Agreement until completion of the Agreement,Contractor shall
comply with the administrative requirements,cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133.
6. Payment Method
Unless otherwise provided in Exhibit A,Weld County's Request for Proposal,Exhibit e,Contractor's
Proposal, Exhibit C,Scope of Services,and Exhibit 0,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.
2
n warrant when funding source does not
c. Contractor agrees to accept payment through county
allow for direct deposit.
7. Compliance with Applicable Laws
a. At all times during the performance of this Agreement,Contractor will strictly adhere to all
applicable Federal and State laws,order,and applicable standards,regulations,interpretations
and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all
applicant/recipient records,papers,documents,tapes and any other materials that have been or may
hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws
and regulations,including, but not limited to the following:
- Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d-1 Title VI of the Civil
Rights Act of 1964,42 U.S.C.Sections 2000d-1 et.seq,and its implementing regulation,45
C.F.R. Part 80 et.seq.;and
- all provisions of the Civil Rights Act of 1986 so that no person shall,on the grounds of
race,creed,color,sex,or national origin,be excluded from participation in,be denied the
benefits of,or be otherwise subjected to discrimination under the approved Agreement.
- Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its
implementing regulations,45 C.F.R. Part 84;and
- the Age Discrimination Act of 1975,42 U.S.C.Section 6101 et.seq.and its
implementation regulations,45 C.F.R. Part 91;and
- Title VII of the Civil Rights Act of 1964;and
- the Age Discrimination in Employment Act of 1967;and
- the Equal Pay Act of 1963;and
- the Education Amendments of 1972;and
- Immigration Reform and Control Act of 1986,P.L.99-603,42 C.F.R.Part 2;and
- all regulations applicable to these laws prohibiting discrimination because of race,color,
national origin,sex,religion,and handicap,including Acquired Immune Deficiency Syndrome
(AIDS)or AIDS related conditions covered under Section 504 of the Rehabilitation Act of
1973,as amended,cited above. If necessary,Contractor and the Department will resist in
judicial proceedings any efforts to obtain access to client records except as permitted by 42
C.F.R. Part 2. 45 C.F.R.Part 74,Appendix G 9,which requires that affirmative steps be taken
to assure that small and minority businesses are utilized,when possible,as sources of
supplies,equipment,construction and services. This assurance is given in consideration of
and for the purpose of obtaining any all Federal and/or State financial assistance.
- Colorado Revised Statute(C.R.S.)26-6-104,requiring criminal background record checks
for all employees,contractors and sub-contractors.
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
3
Services or with the United States Department of Health and Human Services,Office for Civil Rights.
c. Contractor assures that it will fully comply with all other applicable Federal and State laws which
may govern the ability of the Department to comply with the relevant funding requirements.
Contractor understands the source of funds to be accessed under the Agreement is Core Services.
d. Contractor assures and certifies that it and its principals:
- Are not presently debarred,suspended,proposed for debarment,declared ineligible,or
voluntarily excluded from covered transaction by a Federal or State department or agency;
and
- have not,within a three-year period preceding this Agreement,been convicted of or
had a civil judgment rendered against them for commission of fraud or criminal offense in
connection with obtaining,attempting to obtain,or performing a public(Federal,State or
Local)transaction or contract under public transaction;violation of federal or state antitrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction
of records,making false statements,or receiving stolen property;and
- are not presently indicted for or otherwise criminally or civilly charged by a government
entity(federal,state or local)with commission of any of the offenses enumerated in this
certification;and
- have not,within a three-year period preceding this Agreement,had one or more public
transactions(federal,state,or local)terminated for cause or default.
e. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work
under this contract. Contract Professional will confirm the employment eligibility of all employees
who are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E-Verify program or the State of Colorado program established pursuant
to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that
fails to certify with Contract Professional that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Contract Professional shall not
use E-Verify Program or State of Colorado program procedures to undertake pre-employment
screening or job applicants while this Agreement is being performed. If Contract Professional obtains
actual knowledge that a subcontractor performing work under the public contract for services
knowingly employs or contracts with an illegal alien Contract Professional shall notify the
subcontractor and County within three(3)days that Contract Professional has actual knowledge that
a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if
a subcontractor does not stop employing or contracting with the illegal alien within three(3)days of
receiving notice. Contract Professional shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made
in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contract Professional participates in the State of Colorado
program, Contract Professional shall, within twenty days after hiring an new employee to perform
work under the contract,affirm that Contract Professional has examined the legal work status of such
employee, retained file copies of the documents, and not altered or falsified the identification
documents for such employees. Contract Professional shall deliver to County, a written notarized
affirmation that it has examined the legal work status of such employee, and shall comply with all of
the other requirements of the State of Colorado program.If Contract Professional fails to comply with
4
any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and
consequential damages.
f. Except where exempted by federal law and except as provided in C.R.S.§24-76.5-103(3),if
Contract Professional receives federal or state funds under the contract,Contract Professional must
confirm that any individual natural person eighteen(18)years of age or older is lawfully present in
the United States pursuant to C.R.S.§24-76.5-103(4),if such individual applies for public benefits
provided under the contract. If Contract Professional operates as a sole proprietor,it hereby swears
or affirms under penalty of perjury that it:(a)is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law,(b)shall produce one of the forms of
identification required by C.R.S.§24-76.5-101,et seq.,and(c)shall produce one of the forms of
identification required by C.R.S.§24-76.5-103 prior to the effective date of the contract.
8. Compliance with Child and Family Services Review
The Child and Family Services Review(CFSR)examines child welfare service outcomes in three areas;
Safety,Permanency and Well Being of families. For each outcome,data and performance indicators
measure each state's performance according to national standards and monitor progress over time.
Following the review,a Program Improvement Plan(PIP)will be implemented for the state to enhance
services to families.
Contractor agrees to continually strive for positive outcomes in the areas of Safety, Permanency and Well
Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under
this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under
the Child and Family Services Review(CFSR),and will address the aforementioned three areas when
completing monthly reports as required by Paragraph 3(d)of this Agreement.
9. Insurance Requirements
Contractor and Department agree that Weld County,the Board of County Commissioners of Weld County,
its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or
omissions of the Contractor,it subcontractor,or their employees,volunteers,or agents while performing
duties described in this Agreement. Contractor shall indemnify,defend and hold harmless Weld County,
the Board of County Commissioners of Weld County,its employees,volunteers and agents.
Contractor shall provide the liability insurances(including professional liability insurances where
necessary)and worker's compensation insurances for all its employees,volunteers,and agents engaged
in the performance of this Agreement which are required under Weld County's Request for Proposal,and
required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the
acceptable evidence that such coverage is in effect within seven(7)days of the date of this Agreement.
At a minimum,Contractor shall procure,either personally or through its employer as applicable to the
Contractor's business,at its own expense,and maintain for the duration of the work,the following
insurance coverage. Weld County,State of Colorado,by and through the Board of County Commissioners
of Weld County,its employees and agents,shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements:Contractors/Contract Professionals must secure,at or before the
time of execution of any agreement or commencement of any work,the following insurance
covering all operations,goods or services provided pursuant to this request.Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of
the Agreement,or any extension thereof,and during any warranty period.The required insurance
5
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.
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;
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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.
B. Subcontractors: All subcontractors,subcontractors,independent contractors,sub-
vendors,suppliers or other entities providing goods or services required by this Agreement shall
be subject to all of the requirements herein and shall procure and maintain the same coverages
required of Contractor/Contract Professional.Contractor/Contract Professional shall include all
such subcontractors,independent contractors,sub-vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors,sub-vendors suppliers or other entities upon request by the County.
A provider of Professional Services(as defined in the Bid or RFP)shall provide the following
coverage:
Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim,and
$2,000,000 aggregate limit for all claims.
10. Certification
Contractor certifies that,at the time of entering into this Agreement,it has currently in effect all
necessary licenses,approvals,insurance,etc.,required to properly provide the services and/or supplies
covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the
Contractor prior to the start of any Agreement.
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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.
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
8
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 Nichole T.Miller,MA,LPC
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: For Contractor:
Judy A.Grieco, Director Nichole T.Miller, MA,LPC
P.O. Box A 1015 37th Avenue Court,#102
Greeley,Colorado 80632 Greeley,Colorado 80632
(970)352-1551 (720)936-9300
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.
9
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
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
10
Federal and/or State government has begun but is not completed at the end of the seven(7)year period,
or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until
the resolution of the audit finding.
25. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement except for purposes directly connected with the
administration of Child Protection. No information about or obtained from any applicant/recipient in
possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian unless in accordance with the Contractor's written policy governing access to,
duplication and dissemination of,all such information,in any form,including social networks. Contractor
shall advise its employees,agents,and subcontractor,if any,that they are subject to these confidentiality
requirements.
Contractor shall provide its employees,agents,and subcontractors,if any,with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
Contractor shall have its employees,agents,and subcontractors,if any,sign a written confidentiality
agreement and shall provide a copy of such agreement to the Department,if requested.
26. Proprietary Information
Proprietary information for the purposes of this Agreement is information relating to a party's research,
development,trade secrets,business affairs,internal operations and management procedures and those
of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third
parties,(2)that which is in the public domain,or(3)that which is developed independently. Neither
party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Agreement. Any proprietary
information removed from the Department's site by the Contractor in the course of providing services
under this Agreement will be accorded at least the same precautions as are employed by the Contractor
for similar information in the course of its own business.
27. Independence of Contractor: Not an Employee of Weld County
Contract Professional agrees that it is an independent Contract Professional and that Contract
Professional's officers,agents or employees will not become employees of County,nor entitled to any
employee benefits from County as a result of the execution of this Agreement.Contract Professional shall
perform its duties hereunder as an independent Contract Professional.Contract Professional shall be
solely responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement.Contract Professional,its employees and agents are not entitled to unemployment
insurance or workers'compensation benefits through County and County shall not pay for or otherwise
provide such coverage for Contract Professional or any of its agents or employees. Unemployment
insurance benefits will be available to Contract Professional and its employees and agents only if such
coverage is made available by Contract Professional or a third party.Contract Professional shall pay when
due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred
pursuant to this Agreement.Contract Professional shall not have authorization,express or implied,to
bind County to any agreement,liability or understanding,except as expressly set forth in this Agreement.
Contract Professional shall have the following responsibilities with regard to workers'compensation and
unemployment compensation insurance matters:(a)provide and keep in force workers'compensation
and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit A,
Weld County's Request for Proposal,provide proof thereof when requested to do so by County.
11
28. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as state in
Paragraph 14 herein. This Agreement shall be binding upon the parties hereto,their successors,heirs,
legal representatives,and assigns. The Contractor and the Department may not assign any of its rights or
obligations hereunder without the prior consent of both parties.
29. Agreement Nonexclusive
This Agreement does not guarantee any work nor does it create an exclusive agreement for services.
30. Warranty
The Contractor warrants that services performed under this Agreement will be performed in a manner
consistent with the professional standards governing such services and the provisions of this Agreement.
The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training,
diligence and judgment provided by highly competent individuals and entities that perform services of a
similar nature to those described in this Agreement including Exhibits A,B,and C.
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,
wo d g
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.
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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. Subcontractos
Contract Professional acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contract Professional. Contract Professional shall not enter into
any subcontractor agreements for the completion of this project without County's prior written consent,
which may be withheld in County's sole discretion.
36. Attorneys Fees/Legal Costs
In the event of a dispute between County and Contract Professional,concerning this Agreement,the
parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs
incurred by or on its own behalf.
37. Ownership
All work and information obtained by Contract Professional under this Agreement or individual work
order shall become or remain (as applicable),the property of County. In addition,all reports,documents,
data, plans, drawings, records and computer files generated by Contract Professional in relation to this
Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement, whether or not such materials are in completed
form,shall at all times be considered the property of the County.Contract Professional shall not make use
of such material for purposes other than in connection with this Agreement without prior written
approval of County
38. Interruptions
Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or
otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond
its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
39. Severability
If any term or condition of this Agreement shall be held to be invalid, illegal,or unenforceable by a court
of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the
extent that this Agreement is then capable of execution within the original intent of the parties.
13
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above writtQ
i"� C.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld Cou t Cl- to the Boar+ WELD COUNTY,COLORADO
BY: i� 7 �riyGC�t�Gct�
Deputy Clerk to the toard Si�° ❑ �► era Kirkmeyer,Chair
Ud®�` 'JUL 2 2015
P OVED TO F DI , ; �� APPROVED AS TO SUBSTANC
•
Controller % ;� Electe fficial or e ai-tmeli Head
APPROVED AS TO FORM:
•�,, f ' �`� NA
•(/�j7� ��""'� Director of General Services
County Attorney
ART&SOUL CARE,LLC
f � r,
4 �' eCr y✓'J�cr C .
Nichole T. Miller,MA, LPC
14
�. 02,V7J
EXHIBIT A
WELD COUNTY'S REQUEST FOR PROPOSAL
Bid No. 81500065
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD,STATE OF COLORADO,
BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
DATE: March 11, 2015
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 14-16)
B. Bids for the stated services will be received by the Weld County Department of
Human Services, Resource Unit, Attn: Tobi Vegter at vegterta@weldgov.com or
P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: FRIDAY,
MARCH 27, 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. B1500065
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
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Bid No. B1500065
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. Successful bidder certifies, warrants, and agrees that it does not knowingly
employ or contract with an illegal alien who will perform work under this
contract. Successful bidder will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform
work under this Agreement,through participation in the E-Verify program or the
State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c).
Successful bidder shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement.Successful bidder shall not use E-Verify Program or State
of Colorado program procedures to undertake pre-employment screening or job
applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an illegal alien
Successful bidder shall notify the subcontractor and County within three (3) days
that Successful bidder has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien
Page 3
Bid No. B1500065
within three (3) days of receiving notice. Successful bidder shall not terminate
the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with
an illegal alien. Successful bidder shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by
the Colorado Department of Labor and Employment. If Successful bidder
participates in the State of Colorado program, Successful bidder shall,within
twenty days after hiring a new employee to perform work under the contract,
affirm that Successful bidder has examined the legal work status of such
employee, retained file copies of the documents,and not altered or falsified the
identification documents for such employees. Successful bidder shall deliver to
County, a written notarized affirmation that it has examined the legal work
status of such employee, and shall comply with all of the other requirements of
the State of Colorado program. If Successful bidder fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Successful bidder
shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-
76.5-103(3), if Successful bidder receives federal or state funds under the
contract, Successful bidder must confirm that any individual natural person
eighteen (18)years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Successful bidder operates as a sole proprietor,
it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to
federal law, (b) shall produce one of the forms of identification required by C.R.S.
§ 24-76.5-101, et seq., and (c)shall produce one of the forms of identification
required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
M. All goods shall remain the property of the seller until delivered to and accepted
by Weld County, Colorado.
N. Late or unsigned bids shall not be accepted or considered. Bids received prior to
the time of opening will be kept unopened in a secure place. No responsibility
will attach to the Families, Youth and Children Commission, the Weld County
Department of Human Services, or the Board of Weld County Commissioners, for
the premature opening of a bid not properly addressed and identified.
O. In submitting the bid,the bidder agrees that the acceptance of any and all bids
by the Board of County Commissioners of Weld County within a reasonable time
or period does not constitute a contract. The Board of County Commissioners of
Weld County, Colorado, reserves the right to reject any and all bids,to waive any
informality in the bids, and to accept the bid,or part of a bid,that, in the opinion
Page 4
Bid No. B1500065
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.
B. Confidential Information: Confidential financial information of the bidder should
be transmitted separately from the main bid submittal, clearly denoting in red on
the financial information at the top the word, "CONFIDENTIAL." However, the
successful bidder is advised that as a public entity, Weld County must comply
with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and
cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor:The successful bidder shall perform its duties hereunder
as an independent contractor and not as an employee. He or she shall be solely
responsible for its acts and those of its agents and employees for all acts
performed pursuant to the contract. Neither the successful bidder nor any agent
or employee thereof shall be deemed to be an agent or employee of Weld
County. The successful bidder and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld
County and Weld County shall not pay for or otherwise provide such coverage for
Page 5
Bid No. B1500065
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.
E. Compliance with Law: The successful bidder shall strictly comply with all
applicable federal and State laws, rules and regulations in effect or hereafter
established, including without limitation, laws applicable to discrimination and
unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of the
contract. Any provision included or incorporated herein by reference which
conflicts with said laws, rules and/or regulations shall be null and void.
G. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration
by any extra-judicial body or person.Any provision to the contrary in the contract
or incorporated herein by reference shall be null and void.
H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed
that the enforcement of the terms and conditions of the contract, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in the contract shall give or allow any claim or right of action
whatsoever by any other person not included in the contract. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under the contract shall be an incidental
beneficiary only.
Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and
the successful bidder, concerning the contract, the parties agree that Weld
County shall not be liable to or responsible for the payment of attorney fees
and/or legal costs incurred by or on behalf of the successful bidder.
J. Procurement and Performance: The successful bidder agrees to procure the
materials, equipment and/or products necessary for the project and agrees to
diligently provide all services, labor, personnel and materials necessary to
perform and complete the project. The successful bidder shall further be
responsible for the timely completion, and acknowledges that a failure to comply
with the standards and requirements outlined in the Bid within the time limits
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Bid No. 81500065
prescribed by County may result in County's decision to withhold payment or to
terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this
Agreement by County, and shall continue for three years. However, the
agreement must be renewed by both parties, in writing, on an annual basis.
L. Termination: County has the right to terminate this Agreement, with or without
cause on thirty (30) days written notice. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the
Agreement.
M. Subcontractors: The successful bidder acknowledges that County has entered into
this Agreement in reliance upon the particular reputation and expertise of the
successful bidder. The successful bidder shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion.
N. Non-Assignment:The successful bidder may not assign or transfer this Agreement
or any interest therein or claim thereunder, without the prior written approval of
County. Any attempts by the successful bidder to assign or transfer its rights
hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of the successful bidder
hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
0. Insurance Requirements.
i. General Reauirements: Contractors/Contract Professionals must secure, at or
before the time of execution of any agreement or commencement of any work, the
following insurance covering all operations, goods or services provided pursuant to
this request. Contractors/Contract Professionals shall keep the required insurance
coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period.. The required insurance shall be
underwritten by an insurer licensed to do business in Colorado and rated by A.M.
Best Company as "A"VIII or better. Each policy shall contain a valid provision or
endorsement stating "Should any of the above-described policies by canceled or
should any coverage be reduced before the expiration date thereof, the issuing
company shall send written notice to the Weld County Director of General Services
by certified mail, return receipt requested. Such written notice shall be sent thirty
(30) days prior to such cancellation or reduction unless due to non-payment of
premiums for which notice shall be sent ten (10) days prior. If any policy is in excess
of a deductible or self-insured retention, County must be notified by the
Contractor/Contract Professional. Contractor/Contract Professional shall be
responsible for the payment of any deductible or self-insured retention. County
reserves the right to require Contractor/Contract Professional to provide a bond, at
no cost to County, in the amount of the deductible or self-insured retention to
Page 7
Bid No. B1500065
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. If Contractor is an
Independent Contractor, as defined by the Colorado Worker's Compensation Act,
this requirement shall not apply. Contractor must submit to the Department a
Declaration of Independent Contractor Status Form prior to the start of this
agreement.
(b). Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
Contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
* $1,000,000 each occurrence;
* $2,000,000 general aggregate;
* $50,000 any one fire;and
* $500,000 errors and omissions.
(c). Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each
accident, and $1,000,000 for property damage applicable to all vehicles operating
both on County property and elsewhere.
(d). Additional Provisions:
* Policies for all general liability, excess/umbrella liability, liquor liability and
pollution liability must provide the following:
* If any aggregate limit is reduce by twenty-five percent (25%) or more by
paid or reserved claims, Contractor shall notify County within ten (10) days and
reinstate the aggregates required;
* Unlimited defense costs in excess of policy limits;
* Contractual liability covering the indemnification provisions of this
Agreement;
* A severability of interests provision;
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Bid No. B1500065
* 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 to the
County. County reserves the right to require Contractor/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required
by the County's Risk Administrator in his sole discretion.
v. Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's
insurer shall name County as an additional insured.
vi. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's
insurer shall waive subrogation rights against County.
vii. Subcontractors: All subcontractors, subcontractors, independent contractors,
sub-vendors, suppliers or other entities providing goods or services required by
this Agreement shall be subject to all of the requirements herein and shall
procure and maintain the same coverages required of Contractor/Contract
Professional. Contractor/Contract Professional shall include all such
subcontractors, independent contractors, sub-vendors suppliers or other entities
as insureds under its policies or shall ensure that all subcontractors maintain the
required coverages. Contractor/Contract Professional agrees to provide proof of
insurance for all such subcontractors, independent contractors, sub-vendors
suppliers or other entities upon request by the County.
Page 9
Bid No. B1500065
A provider of Professional Services (as defined in the Bid or RFP) shall provide the
following coverage:
Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each
claim, and $2,000,000 aggregate limit for all claims.
V. Warranty. The successful bidder shall warrant that:
A. The services to be supplied pursuant to this bid are fit and sufficient for the
purpose intended;
B. The services sold to Weld County, Colorado pursuant to this bid conform to the
minimum Weld County specifications as established herein.
Page 10
Bid No. B1500065
Project Overview:
The Weld County Department of Human Services(WCDHS) is seeking various services. Service
areas include, but are not limited to,Aftercare, Anger Management/Domestic Violence, Crisis
Intervention and Stabilization, 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. Refer to pages 14-
16 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.
3) 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.
4) 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.
5) A bidder must demonstrate the knowledge,training and expertise to conduct the
proposed service(s).
6) 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).
7) 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.
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Bid No. B1500065
8) A bidder must demonstrate prior and current capacity to be organized, responsive and
to quickly and successfully schedule services as requested.
9) 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, 2015, through May 31, 2016, 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 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 Service.
Submittal Requirements for All Proposals:
A bidder must submit according to requirements set forth in this Request for Proposal. All
proposals must contain the following specific information:
1) Completed Provider Information Form with original signature of authorized
representative.
2) 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.
3) 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.
4) 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 12
Bid No. B1500065
5) 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.
6) 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.
7) 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.
8) 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 13
Bid No. B1500065
SERVICE AREA DEFINITIONS
Program Area Definition
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.
Crisis Intervention and Stabilization Services that provide an immediate, in-person/in-
Services home response to families, youth and children, in
*crisis, 24 hours a day, seven (7) days a week.
*A"crisis" is further defined as a situation or
circumstance, usually acute (recent) in nature, which
breaks down the normal functioning of an individual
and/or family, and results in the inability of the
individual and/or family to resolve the crisis through
normal coping behaviors, or without immediate
intervention.
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.
Page 14
Bid No. B1500065
Program Area
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.
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.
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Bid No. B1500065
Program Area Definition
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.
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 16
EXHIBIT A
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND
This Agreement,made and entered into the_day of ,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«Contractor»,hereinafter referred to as the"Contractor".
The parties to this Agreement understand and agree that the provisions of this Agreement specifically
include the following documents: Exhibit A,Weld County's Reuquest for Proposal, Exhibit B,Contractor's Proposal,
Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and
incorporated herein by this reference.
WITNESSETH
WHEREAS,required approval,clearance,and coordination have beenaccomplished from and with
appropriate agencies;and � ' �
WHEREAS,the Colorado Department of Human Services h vided furithpg to theitibartment
for
G
NOW THEREFORE,in consideration of the pOittiiises,the Nes hereto covenant�4 agree as follows:
1. Term
This agreement shall become effective n u" r execution of this Agreement and shall
rc
expire ,unless sooner terminat ided h The agreement is for a period of three years.
However,the agreement must be rene b h parts writing,on an annual basis.
4,0
2. Scope of Servi:r , Lei`
Services shall be provided b saCo t perso )eligible for services in compliance with
Exhibit B,C g or's Proposal and Exhibit C,Scope of Services.
3. Refer r d Trackin
50,
tigta.ti4 Contract u ders ill comply with all aspects of the referral authorization,billing and
„ ;.r tracking requir set fo t the Department. Failure to comply with all aspects may result
in a forfeiture of .dent.
n ree receive referrals for services through e-mail and will provide an identified e-
mail address p*to to t start of this Agreement. Contractor acknowledges that services are not
authorized until' he Contractor has received an authorized referral form from the Department.
Contractor NOWacknowledges that services provided prior to the authorized start date or outside
the scope 6 services on the referral form will not be eligible for reimbursement.
Contractor acknowledges that any and all modifications to an existing referral must be approved
through the Department's Resource Manager,Child Welfare Contract and Services Coordinator,or
through a Team Decision Making(TDM)meeting or Family Team Meeting(FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month,
following the month of service,utilizing billing forms required by the Department.
1
d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month
following the month of service for each client receiving ongoing services. One-time services will be
verified through receipt of the completed product(ex.psychological evaluation,substance abuse
evaluation). Verification of Monitored Sobriety Services will be the test result.
Contractor will document in detail any and all observed or verbalized concerns regarding any child
whom the Contractor is working with under the Agreement. Areas of concern may include,but are
not limited to,any physical,emotional,educational or behavioral issues. Areas of concern should be
reported immediately to the caseworker AND on the required monthly report.
Monthly reports will be submitted through the Department's online, orting system,unless
otherwise directed or agreed to by the Department. 0
4. Payment
a. The Department and the Contractor agree that .II benefits from nsurance and/or other
funding sources such as Medicaid(if Contractor is a •icaid eligible p r)or Victim
Compensation must be exhausted before Core Servic- ether Departm nds c 'rbe`accessed
for services. w . aNIu 4 P
b. Payment shall be made in accordan A,W unty's Request Proposal,Exhibit
B,Contractor's Proposal,Exhibit C,Sco Services, Exhi Payment" edule,attached
hereto and incorporated herein by refer o long rvices ar d, satisfactorily and in
w
accordance with the Agreement e06
c. Payment pursuant to this Agr wheth hole or in part,is subject to,and contingent
upon,the continuing availability ofd for the poses hereof.
d. The Department mayrl hhold ream rse f Contractor has failed to comply with any part of
the Agreement,including f1 ,� agem- -quirements,program objectives,contractual
terms,or reporting requ₹1enst e 5 pt of fo ture of reimbursement,Contractor may
appeal s ,circumstance 1A*Titing t'ot lector of Human Services. The decision of the Director
of Human ice shall be
5. Financier ana er
all times from theT . -ate Agreement until completion of the Agreement,Contractor shall
�� • ply with the admi tive requirements,cost principles and other requirements set forth in the
'. ` ent ual adopted by the State of Colorado. The required annual audit of all funds
''
exp et gr ent must conform to the Single Audit Act of 1984 and OMG Circular A-133.
6. Payment Method
Unless otherwl provided in Exhibit B,Contractor's Proposal,Exhibit C,Scope of Services,and Exhibit D,
Payment Schedule:
a. If services are funded through Core Services,Contractor agrees to accept reimbursement
through ACH direct deposit one time per month.
b. If Contractor is not currently set up with the State of Colorado to accept direct deposit,
Contractor agrees to complete and submit an ACH Form for Colorado Providers,which will be
provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of
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.
2
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 Se s 2000d-;„Title1. VI of the Civil
Rights Act of 1964,42 U.S.C.Sections 2000d-1 et.IN,a t4,im nting regulation,45
C.F.R.Part 80 et.seq.;and k
kit
- all provisions of the Civil Rights Act of 19 that no person ll,on tgrounds of
race,creed,color,sex,or national • ' 3 "kilo•e exc from participa ,j, x enied the
benefits of,or be otherwise su. Aunder the approved Agreement.
- Section 504 of the Rehabilit. . Act of 14,29 U.S. ,cti 4,and its
implementing regulations F5 C.F.R. 84;
aye
- the Age DiscriminatiAuN 1975, .C.Section 6101 et.seq.and its
implementation regulation,45 .F.R.Part nd
- Title V4l of ivil Rights Act of 1964;and
- the Age Discrimination iin Errs yment Att of 1967;and
they Equal Pay Act of 1963;a .,:
r
- hie Education Amendments of 1972;and
ef
— Imm Refor a `d Control Act of 1986,P.L.99-603,42 C.F.R.Part 2;and
a4
l rep ions applicable to these laws prohibiting discrimination because of race,color,
4'44-7AV 'fa on ex,religion,and handicap,including Acquired Immune Deficiency Syndrome
(AIDS) ID dated conditions covered under Section 504 of the Rehabilitation Act of
1973, ended,cited above. If necessary,Contractor and the Department will resist in
judo s oceedings any efforts to obtain access to client records except as permitted by 42
O416- rt 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
3
i for Services or with the United States Department of Health and Human Services,Office o 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 th'#)4igreement,been convicted of or
had a civil judgment rendered against them for commission of fraud r criminal offense in
connection with obtaining,attempting to obtain,or performing a<e1t- c(Federal,State or
Local)transaction or contract under public ransaction;viola a «- ederal or state antitrust
statutes or commission of embezzlement, forgery,bribe' sification or destruction
of records, making false statements,or recei 1. tolen property;
- are not presently indicted f e criminally or civilly chargedA.
'by a government
entity(federal,state or local) commiss f any'bOhe offensesi numerated in this
certification;and
- have not,within a ar period" ing this Agree ent,had one or more public
transactions(federal,stai l)ter d for cause or default.
e. Public Contracts for Services C §84 101 tract Professional certifies, warrants, and
agrees that it does wingly entfRy o tract wi ri an illegal alien who will perform work
under this contract C tria Ptofessio l will co ,m the employment eligibility of all employees
who are newly hired for m►ploy *in United, ates to perform work under this Agreement,
throughparticipation in the Verify bkgrAi,,or the State of Colorado program established pursuant
to C.R.S. 102(5)(c). Contract Pro nal shall not knowingly employ or contract with an
illegal alie'hip perform work undeohis Agreement or enter into a contract with a subcontractor that
Mils to certikwith Contract Professional that the subcontractor shall not knowingly employ or
w tract with a# illegal Bert operform work under this Agreement. Contract Professional shall not
use E-Verify P State f Colorado program procedures to undertake pre-employment
screening or job l ants while this Agreement is being performed. If Contract Professional obtains
t a subcontractor performing work under the public contract for services
ys lt,contracts with an illegal alien Contract Professional shall notify the
subcontractor ,cotiiity County within three(3)days that Contract Professional has actual knowledge that
a subcontractor mploying or contracting with an illegal alien and shall terminate the subcontract if
a subcontractoOes not stop employing or contracting with the illegal alien within three(3)days of
receiving` . Contract Professional shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made
in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contract Professional participates in the State of Colorado
program, Contract Professional shall, within twenty days after hiring an new employee to perform
work under the contract,affirm that Contract Professional has examined the legal work status of such
employee, retained file copies of the documents, and not altered or falsified the identification
documents for such employees. Contract Professional shall deliver to County, a written notarized
affirmation that it has examined the legal work status of such employee,and shall comply with all of
the other requirements of the State of Colorado program.If Contract Professional fails to comply with
4
any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and
consequential damages.
f. Except where exempted by federal law and except as provided in C.R.S.§24-76.5-103(3),if
Contract Professional receives federal or state funds under the contract,Contract Professional must
confirm that any individual natural person eighteen(18)years of age or older is lawfully present in
the United States pursuant to C.R.S.§24-76.5-103(4),if such individual applies for public benefits
provided under the contract. If Contract Professional operates as a sole proprietor,it hereby swears
or affirms under penalty of perjury that it:(a)is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law,(b)shall produce one of the forms of
identification required by C.R.S.§24-76.5-101,et seq.,and(c)shall produce one of the forms of
identification required by C.R.S.§24-76.5-103 prior to the effective'date of the contract.
8. Compliance with Child and Family Services Review
The Child and Family Services Review(CFSR)examines �+ elfare service`o mes in three areas;
Safety, Permanency and Well Being of families. For each o - e,data and peancez tors
measure each state's performance according to I Stan. and monitor pr •r time.
Following the review,a Program Improveme 'II be 'It.-mented for the' e to enhance
services to families. �� �
��ifµ A
Contractor agrees to continually stri positi tco the areas'O. ��y,Permanency and Well
Being. Contractor will ensure that a yee o actor of Contractor providing services under
this Agreement will work towards po omes i aforementioned three areas as outlined under
the Child and Family Services Review( , ill ad a aforementioned three areas when
completing monthly re.• as requiredParagraph 3(d)o greement.
9. Insurance Re ur
Contractor arid Department ag at ,the Board of County Commissioners of Weld County,
its officers and employees,shall n• held liable for injuries or damages caused by any negligent acts or
omissions of t on kt f,it subco . tor,or their employees,volunteers,or agents while performing
dut s described in this A t Contractor shall indemnify,defend and hold harmless Weld County,
IftiBoard of County Commi of Weld County,its employees,volunteers and agents.
'Contractor shall provide liability insurances(including professional liability insurances where
,kfttuvyrrorker' mpensation insurances for all its employees,volunteers,and agents engaged
thi reement which are required under Weld County's Request for Proposal,and
required by the Col' o ker's Compensation Act. Contractor shall provide the Department with the
acceptable evidencet such coverage is in effect within seven(7)days of the date of this Agreement.
At a minimurn,,C6litractor 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,and during any warranty period..The required
5
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 am_ ,t of the deductible or self-
insured retention to guarantee payment of claims.The insur `. coverages specified in this
Agreement are the minimum requirements,and these repents do not decrease or limit the
liability of Contractor/Contract Professional.Contractor/Co tact Professional shall maintain,at
its own expense,any additional kinds or amounts of insurance. tit rte=deem necessary to
cover its obligations and liabilities under this Ag eement.
a'i, 4 is
b. Types of Insurance: Contractor/Contract` sessional shall o f and i ° in at all
times during the term of any Agreement,insurance i the following kinds ,amounts:
,,, �,�� �trt'•°�
Workers'Comp on Insurance as recV. by stat •tute,and Employer's
Liability Insurance covering Contras s Contra if- V.al's employees acting
within the course cope o em ent. If Co--7,1i,',.% is an Independent
Vek
Contractor,as deft he Col ker's Compens ion Act,this requirement
shall not apply. Cori ust sub the Department a Declaration of Independent
Contractor Status For ri he start of this agreement.
Lir;w _ rcial Ge I Lia nsuran written on ISO occurrence form CG 00
01 10/ t,co g pre operations,fire damage,independent
Contracto4 d c leted o ations,blanket contractual liability,personal
winjury,and advertising i h minimum limits as follows:
toot,
`, 000 each occurrence;
$2,0 0 general aggregate;
a x50 00 any one fire;and
- 500,000 errors and omissions.
Pat Automobile Liability: Contractor/Contract Professional shall maintain limits of
,,$)L.4900,W for bodily injury per person,$1,000,000 for bodily injury for each accident,
an 1,00 ,,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;
6
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 exe of this Agreement,and shall
keep in force at all times during the term of the Agreeme a same may be extended as
herein provided,a commercial general liability insurance includin ublic liability and
property damage,in form and company acceptable to and a fed Administrator,
covering all operations hereunder set forth in t - related Bid or k6ke for Proposal.
d. Proof of Insurance: Contractor/Contract ssional shall pr bile a copy of his
p?
information to its insurance agent or br6rf d she' ye its agent or br ��ide proof of
Contractor/Contract Professional's r d insu nce. .ty reserves the fieto require
Contractor/Contract Professional itvide a certificate o rance,a icy,or other proof of
insurance as required by the County fsk Administrator in hi d1Oon.
ty,pollution legal liability,
Additional Insured neral)� `cess/umbrella ability, liabilit ,
liquor liability,and inland ma tractor tract Professional's insurer shall name County as
an additional insured as foliob <
i4-
f. Wai c ation: II co es,Con actor/Contract Professional's insurer
shall waive subr s again County.
g. ubcontracto - II sub rs,subcontractors,independent contractors,sub-
vendsuppliers or oth Cities p f g goods or services required by this Agreement shall
be su t he requi n is herein and shall procure and maintain the same coverages
require V Cont ontra ,fessional.Contractor/Contract Professional shall include all
such subalk racto den ontractors,sub-vendors suppliers or other entities as insureds
under its po es all a that all subcontractors maintain the required coverages.
Contractor/Cr��ct Professional agrees to provide proof of insurance for all such subcontractors,
� nt c sub-vendors suppliers or other entities upon request by the County.
Vr 'provi r f Pro sional Services(as defined in the Bid or RFP)shall provide the following
coverage: ;; ""
Professional Liabilityµ Contract Professional shall maintain limits of$1,000,000 for each claim,and
$2,000,000 aggrelimit 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
7
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 970-352-155, ": 503,and advise that the
subpoena must be personally served.
13. Monitoring and Evaluation
Contractor and the Department agree that monitoring a d evaluation of�#erformance of this
Agreement shall be conducted by the Contractor and t ~ _•artment. The r _ s of the monitoring and
evaluation shall be provided to the Board of Weld County issioners,theDepartmentand the
Contractor.
Contractor shall permit the Department,any - y otherauthorized agent or 5vernmental agency,to
monitor all activities conducted by the Contra pursuan the termsthis k�ement. As the
monitoring agency may in its sole di ion dee ess r appropriat " program data,special
analyses,on-site checking,formal a lination other reasonable procedures. All such
monitoring shall be performed in a m ea will n my interfere with the work conducted under
Vra
this Agreement.
14. Modification 4 nt Al
All modifications to this Agreementwriting an gned by both parties.
15. Re 'Oat-
-
Th irector of an Se r desi ay exercise the following remedial actions should s/he find
tractor su tiall atis he scope of work found in this Agreement. Substantial
failure to satisfy the ork a defined to mean incorrect or improper activities or inaction by
;e Contractor. Thes 'edial actions are as follows:
hold yment to the Contractor until the necessary services or corrections in
performance satisfactorily completed.
Deny payment or recover reimbursement for those services or deliverables,which have
ritifili4in performed and which due to circumstances caused by the Contractor cannot be
performed or if performed would be of no value to the Department. Denial of the amount
of payment shall be reasonably related to the amount of work or deliverables lost to the
Department.
- Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation
shall be recovered from Contractor by deduction from subsequent payments under this
Agreement or other agreements between the Department and Contractor,or by the
Department as a debt due to the Department or otherwise as provided by law.
8
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 CONTRACTOR.TITLE
17. Notice
All notices required to be given by the parties hereunder shall be giv ity certified or registered mail to
the individuals at the addresses set forth below. Either party may ime to time designate in writing a
substitute person(s)or address to whom such notices shall be sentr
p04,
For Department: For ontractor:
Judy A.Griego, Director
P.O.Box A Greed 0 8063244,7,4
(970)352-1551 X
O
18. Litigation
Contractor shall promptly notify the e rtment a ev` tt hat Contractor learns of any actual
litigation in which it is a party defen case t es services provided under this Agreement.
Contractor,within five(5)calendar d eing se mwith a summons,complaint,or other pleading
which has been filed in any Federal or c r adm tive agency,shall deliver copies of such
document(s)to the Direct of Human S es.' a term" 'on"includes an assignment for the
benefit of creditors,an bankrup reorganization a or foreclosure.
19. Termination Fa
This Agreem eterminate ny tim ther party giving thirty(30)days written notice to the
individuals ide Hale aparagraph 1 ortion of this Agreement shall be deemed to create an
obli tion on the p` rt of t ty of ,State of Colorado,to expend funds not otherwise
propriated in each succe as t 'Agreement is subject to the availability of funding.
< erefore,the Dep ay to a this Agreement at any time if the source of funding for the
leti
ices made available to" he Contractor is no longer available to the Department,or for any other
16,
�r reserves the right to suspend services to clients if funding is no longer available.
20. No Third Pi*,Be iciary Enforcement
I �
It is expressly u rd and agreed that the enforcement of the terms and conditions of this
Agreement,anJ tights 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
9
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 4;rrOtiO
No officer,member or employee of Weld County and no member their governing bodies shall have any
pecuniary interest,direct or indirect,in the approved Agreement or t « ce �ereof.
The Appearance of Conflict of Interest applies to the re ship of a Contra with the De artment
when the Contractor also maintains a relationship with a t arty and the two rel.ations re in
opposition. In order to create the appearance o ict o „est,it is not ne o `the
Contractor to gain from knowledge of these sts. my necessary a Contractor
know that the two relationships are in opp n. Durin term a Agree e t,Contractor shall
not enter into any third party relationship th " s the a rance oaticonflict of interest.
Upon learning of an existing appear f a conflict of in t situation, 'ctor shall submit to the
Department,a full disclosure statement setting forthkdetails that create a appearance of a conflict
of interest. Failure to promptly submit a df !osure statement required by this paragraph shall constitute
grounds for the Department's termination,foi,v'eause,of it greement with the Contractor.
Contractor certifies thatappropriated funds have not been paid or will be paid,by or on behalf of
Contractor,to any person g orattempting t ;influence an officer or employee of an agency,
a Member of Congress,an 6. or`' ee- Congres;or an employee of a Member of Congress in
connection a awarding Fed ct,the making of any Federal grant,the making of any
Federal loan, entering into ofcooperative,operatti4ireement,and the extension,continuation,renewal,
amendment,o od ion of an F 'contract,loan,grant,or cooperative agreement.
Storage,AAllabili tiorf Records
•ntractor agrees that .. horized local,Federal,and State auditors and representatives shall,during
-- ye a to inspect and copy records,and shall be allowed to monitor and review
'ftthr , s '. D.all ities related to this Agreement,supported with funds under this Agreement,
to ensure complian ith terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the pe , mance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
All such records,documents,communications,and other materials created pursuant or related to this
Agreement shall be maintained by the Contractor in a central location and shall be made available to the
Department upon its request,for a period of seven(7)years from the date of final payment under this
Agreement,or for such further period as may be necessary to resolve any matters which may be pending,
or until an audit has been completed with the following qualifications: If an audit by or on behalf of the
Federal and/or State government has begun but is not completed at the end of the seven(7)year period,
or if audit findings have not been resolved after a seven(7)period,the materials shall be retained until
the resolution of the audit finding.
10
25. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement except for purposes directly connected with the
administration of Child Protection. No information about or obtained from any applicant/recipient in
possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian unless in accordance with the Contractor's written policy governing access to,
duplication and dissemination of,all such information,in any form, including social networks. Contractor
shall advise its employees,agents,and subcontractor,if any,that they are subject to these confidentiality
requirements.
Contractor shall provide its employees,agents,and subcontractors,it
with a copy or written
explanation of these confidentiality requirements before access t dential data is permitted.
Contractor shall have its employees,agents,and subcontractors,i Q n -sign a wri en confidentiality
agreement and shall provide a copy of such agreement to the Depart yif r ed.
26. Proprietary Information
Proprietary information for the purposes of this ent i mation relatin - ,_ ' s research,
development,trade secrets,business affairs,' tions a anagement p ures and those
of its customers,clients or affiliates,but do t includInformation(1)lawfull °° b tained from third
parties,(2)that which is in the public domain, r 3)that is developed i ndently. Neither
party shall use or disclose directly o ' ectly t pri ritten authorization any proprietary
information concerning the other p• - lewd as° r f this Agreement. Any proprietary
information removed from the Depa trite by t tractor in the course of providing services
under this Agreement will be accorded*Ivaitiiiisameprecautions as are employed by the Contractor
for similar information in the course of its'oun
✓-kI � �� y�ye3g
27. Independence of 4_Not anCnploye Weld County
Contract Professional agrees thatli s an independent Contract Professional and that Contract
Professional Agents or em019,yees -+-4.-t',.:/.become employees of County,nor entitled to any
employee ben County as a .result of the execution of this Agreement.Contract Professional shall
perform its duties hereun an inde `cent Contract Professional.Contract Professional shall be
responsible f its acts of its agents and employees for all acts performed pursuant to
01,
is Agreement.Con ct' f essio ��employees and agents are not entitled to unemployment
urance or workers'c o' ensation benefits through County and County shall not pay for or otherwise
rage f `" ontract Professional or any of its agents or employees. Unemployment
ins b ilable to Contract Professional and its employees and agents only if such
coverage is made a bl& Contract Professional or a third party.Contract Professional shall pay when
due all applicable e : j_ yment taxes and income taxes and local head taxes(if applicable)incurred
pursuant to this ent.Contract Professional shall not have authorization,express or implied,to
bind County t agreement,liability or understanding,except as expressly set forth in this Agreement.
Contract Professional shall have the following responsibilities with regard to workers'compensation and
unemployment compensation insurance matters:(a)provide and keep in force workers'compensation
and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit
provide proof thereof when requested to do so by County.
28. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as state in
Paragraph 14 herein. This Agreement shall be binding upon the parties hereto,their successors,heirs,
11
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 an ,,c4341e provisions of this Agreement.
The Contractor shall faithfully perform the work in accordance w ;t`he standards of care, skill, training,
diligence and judgment provided by highly competent individuals „SI„ entities t t perform services of a
similar nature to those described in this Agreement including Exhibits A- C,a ,
31. Acceptance of Services Not a Waiver
Upon completion of the work,the Contractors it to ment origins 4oloott and results,
reports,etc.,generated during completion o . epta Department ofports and
incidental material(s)furnished under this " ment sh- 't in a y relieve threlieytia Contractor of
responsibility for the quality and accuracy of rvices.I eventany actinyf#06n by the Department
hereunder constitute or be constru-1°ga•e a w. ,.y t = partment o�' reach of covenant or
default which may then exist on the Tr; he Con= - `a -nd the Department's action or inaction when
any such breach or default shall exist +_'' pair • _'-'udice any right or remedy available to the
Department with respect to such breac ;and a = ent,expressed or implied,to any breach of
any one or more covenants,provisions on di •f the _ `- ent shall be deemed or taken to be a
waiver of any other bre�� Acceptance by Dep.iSf -nt of, "payment for,any services performed
under this Agreement she b true. a waiver of wai4iir,pcany of the Department's rights under this
Agreement or under the la4i1n. eray
I,
32. Em ncial Intere /conflict of In erest.C.R.S.§§24-18-201 et sea.and§24-50-507
NIV
Th sjgnatories to this Agreement aver�� their knowledge,no employee of Weld County has any
al or benefits intere whatsoever I the service or property which is the subject matter of this
reement.The Contra 'I as no st and shall not acquire any interest direct or indirect,which
uld in any manner gree with the performance of the Contractor's services and the Contractor,
oY p n having such known interests. During the term of this Agreement,the
ConyLA
if Aga "e' any in any business or personal activities or practices or maintain any
relationships which'" `. ally onflict with or in any way appear to conflict with the full performance of its
obligations under the reement. Failure by the Contractor to ensure compliance with this provision may
result,in the De_ " nt's sole discretion,in immediate termination of this Agreement. No employee of
the Contractor";,. ,ny 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
valid until it has been approved by the Board of County Commissioners of
This Agreement shall not be pp
Weld County,Colorado.
12
34. Choice of Law/Jurisdiction
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated
herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the
event of a legal dispute between the parties, Contract Professional agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
35. Subcontractos
Contract Professional acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contract Professional. Contract iPlrofessional shall not enter into
any subcontractor agreements for the completion of this project wit "County's prior written consent,
which may be withheld in County's sole discretion.
36. Attorneys Fees/Legal Costs ,�"
In the event of a dispute between County and Contract ssional,concerning t this Agreem-nt,the
parties agree that each party shall be responsible for the p nt of attorney nd/orbI costs
incurred by or on its own behalf.
4.37. Ownership
All work and information obtaine � antra' fess' under this ement or individual work
order shall become or remain (as a ,the f County. In addition,all reports,documents,
data, plans, drawings, records and c iles ge ed by Contract Professional in relation to this
Agreement and all reports, test resul n ther t le materials obtained and/or produced in
connection with the p mance of th re t, whe .or not such materials are in completed
form,shall at all times red the p rty Coun .Contract Professional shall not make use
of such material for purposes dther than conn with this Agreement without prior written
approval of County4
38.
Neither party to Fs Agreement shall b le to the other for delays in delivery or failure to deliver or
reYltise to perform any o vender'h is Agreement,where such failure is due to any cause beyond
reasonable contetilOrng but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental action§;iie�
39 f- verabi ica,,,
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court
of competent',urn, ion,this Agreement shall be construed and enforced without such provision,to the
°,,
extent that thi ement is then capable of execution within the original intent of the parties.
13
I IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
BY:
Deputy Clerk to the Board Barbara Kirkmeyer,Chair
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
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Controller Elected Official or �rtment H
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APPROVED AS TO FORM: , ead
Director f General Services )
County Attorney
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14
EXHIBIT B
CONTRACTOR'S PROPOSAL
Nichole Tesone Miller, M.A., L.P.C.
Art & Soul Care, LLC
1015 37th Ave. Ct., Ste. 102
Greeley, CO 80634
March 26, 2015
Ms. Tobi Vegter
Child Welfare Contract and Services Coordinator
Weld County Department of Human Services
315 N. 11th Ave., Building A
Greeley, CO 80631
RE: Contract Bid for Child Welfare Services
Dear Ms. Vegter,
My name is Nichole Miller and I am a Licensed Professional Counselor in the state of Colorado. I have a B.A.
in Psychology from Colorado State University and an M.A. in Counseling from Denver Seminary. I have nine
years of experience in working as a therapist in the mental health community. I have been licensed since 2011
and am currently working in private practice in Greeley, CO. My practice is called Art& Soul Care, LLC.
I am familiar with Trauma Informed Care and regularly use these principles in my current therapeutic practices.
When counseling or consulting with those who have experienced trauma, I find it helpful to process the trauma
through the lens of grief and loss. This allows individuals and/or families to express their experiences while
validating and understanding a range of emotions. I believe it is important for an individual to build coping
strategies,understand their support network, and learn self care practices in a safe environment. I seek to offer
these principles in the variety of contexts in which I work.
I believe I have several experiences that qualify me as a service provider for Weld County. Specifically,my
time in private practice has given me experience counseling and consulting with children,teens,couples,
individuals and families. I also worked for a non-profit in Denver which allowed me opportunity to coordinate
my client's counseling with further support and services in the community. Lastly,my husband and I are
kinship providers for a child through Weld County DHS. This experience has given me a greater knowledge and
appreciation for the context in which Weld County is working to help children and families. As a result,I am
eager to assist other kinship families through coordinating efforts with the Department.
Please consider this letter and the following information and documentation as a formal bid for a contract for
services for Weld County Department of Human Services. I am including bid proposals for Life Skills and
Kinship Provider Support and Consultation. I hereby waive my rights to a sealed bid.
Sincerely,
Nichole T. Miller, M.A., L.P.C.
Licensed Professional Counselor
Nichole Tesone Miller, M.A., L.P.C.
Art & Soul Care, LLC
1015 37`h Ave. Ct., Ste. 102
Greeley, CO 80634
Exhibit A
Scope of Services- Life Skills
1. Contractor will provide in-office and in-home life skills services to individuals and families referred by Weld
County Department of Human Services. In-office services will be provided at 1015 37th Avenue Court, Suite
102, Greeley, CO 80634.
2. All services will be provided by Nichole Tesone Miller, a Licensed Professional Counselor in the State of
Colorado.
3. Supervision/visitation will include observations, interpretation,perceptions, and recommendations to parents,
families and caseworker.
4. Contractor will provide concrete, supportive guidance and education to address behavioral and emotional
concerns,using evidence based successful practices. These methods may include but are not limited to Solution
Focused and Cognitive Behavioral models of therapy.
5. Services may include the following:
a. Therapeutic Visitation—A supervised visitation program that incorporates techniques from a variety
of therapeutic models including, individual, couples,and family therapy, Emotion Focused therapy,
parenting education, and parent child interaction observations.
b. Safe Exchanges—Supervised exchange of children for the purposes of parenting time where each
parent or guardian shall have pick up and drop off times that will prevent face to face contact between
parties.
c. Supervised Visitation—Supervision of family visits for the purposes of guidance and giving feedback
to parents giving them the opportunity to practice new skills learned during visitation. Contractor shall
be physically present and within sight at all times and will intervene as needed to ensure the safety and
wellbeing of all participants, specifically children. The ultimate aim will be to equip families so they
are competent and able to progress and complete specific program treatment goals successfully.
d. Parenting Skills—Contractor will teach parenting skills,budgeting, child development,relationship
skills,nutrition, acceptable methods of discipline, and other home management skills in order to assist
parents in becoming better caregivers.
e. Contractor can provide transportation when necessary.
6. Contractor will submit timely monthly reports using the Department's format, as required by the Department.
7. Contractor will provide a safe,therapeutic environment designed to engage and strengthen the family system.
of concerns and make recommendations to the Department. Documentation
8. Contractor will identify areas ep
will be entered on the monthly reports,but will also be reported to the Department immediately if it is a crisis or
emergency situation, specifically issues related to physical, emotional, or sexual abuse.
9. Contractor will submit monthly invoices and will utilize the Department's method of billing for these
services.
10. Contractor will be available to the department for staffing and reviewing client progress and ongoing
concerns. It is understood that case management hours are not billable hours.
11. Contractor will make every effort to engage the individual or family with at least 3 documented attempts to
set up an appointment. If after three documented attempts the client doesn't respond, contractor will notify the
caseworker. Therapy will be discontinued if client does not re-engage.
12. Contractor agrees to enter into a contract with Weld County Department of Human Services and comply
with all requirements of the contract. Initial contract shall commence on June 1, 2015 through May 31,2016.
Fees for Services
In-office meeting $110/hr
Out-of-office meeting within Weld County $125/hr
Transporting a client $30
Court testimony in Weld County $150/hr
Nichole Tesone Miller, M.A., L.P.C.
Art & Soul Care, LLC
1015 37th Ave. Ct., Ste. 102
Greeley, CO 80634
Exhibit B
Scope of Services- Kinship Provider Support and Consultation
1. Contractor will provide in-office or in-home Kinship Provider Support and Consultation services to
individuals and families referred by Weld County Department of Human Services. In-office services will be
provided at 1015 37th Avenue Court, Suite 102, Greeley, CO 80634.
2. All services will be provided by Nichole Tesone Miller,a Licensed Professional Counselor in the State of
Colorado.
3. Support and consultation for kinship providers will include observations, interpretation,perceptions, and
recommendations to parents, families, caseworker or kinship coordinator as needed/appropriate.
4. Contractor will provide concrete, supportive guidance and education to address behavioral and emotional
concerns,using evidence based successful practices. These methods may include but are not limited to Solution
focused and Cognitive Behavioral models of therapy.
5. Services may include the following:
a. Kinship Provider Consultation—Contractor will provide in-home or in-office visits to offer support
and consultation to kinship providers. This may include,but is not limited to: discussing family
dynamics,the child(ren)'s transition into the home,the unique challenges of kinship care,understanding
terms and processes of kinship care, and connecting with support services through the Department or
through community programs. While the kinship children placed in the home are often supported
through various programs,the Contractor seeks to provide emotional and social support for the kinship
family as an extension of the Department's ongoing Kinship support.
b. Kinship Provider Parenting Skills—Contractor will teach parenting skills,budgeting, child
development,relationship skills,nutrition, acceptable methods of discipline, listening skills, and other
home management skills in order to assist kinship providers in becoming better caregivers.
c. Kinship Support Groups—Contractor will provide a safe, supportive,therapeutic environment for
kinship providers to process their experiences with other kinship caregivers. The ultimate aim will be to
equip families so they are validated and supported in their care to the children in their homes. Relevant
topics will be discussed while maintaining a supportive atmosphere. A minimum of 4 participants is
required for a group to commence. The support groups will last 1.5 hours per session.
d. Contractor can provide transportation when necessary.
e. Contractor is available for other Kinship Care needs as they are identified by the Department.
6. Contractor will submit timely monthly reports using the Department's format, as required by the Department.
7. Contractor will provide a safe, supportive environment designed to engage and strengthen the kinship family
system.
8. Contractor will identify areas of concerns and make recommendations to the Department. Documentation
will be entered on the monthly reports,but will also be reported to the Department immediately if it is a crisis or
emergency situation, specifically issues related to physical, emotional, or sexual abuse.
9. Contractor will submit monthly invoices and will utilize the Department's method of billing for these
services.
10. Contractor will be available to the department for staffing and reviewing kinship provider progress and
ongoing concerns. It is understood that case management hours are not billable hours.
11. Contractor will make every effort to engage the individual or family with at least 3 documented attempts to
set up an appointment. If after three documented attempts the client doesn't respond, contractor will notify the
caseworker or kinship coordinator. Consultation will be discontinued if kinship provider does not re-engage.
12. Contractor agrees to enter into a contract with Weld County Department of Human Services and comply
with all requirements of the contract. Initial contract shall commence on June 1, 2015 through May 31,2016.
Fees for Services
In-office meeting $110/hr
Out-of-office meeting within Weld County $125/hr
Support Group(1.5 hours) $40/session for each individual
Transporting a client $30
Court testimony in Weld County $150/hr
Nichole Tesone Miller, M.A., L.P.C.
Art & Soul Care, LLC
1015 37th Ave.Ct., Ste 102 w: 970.573.6078 c:720.936.9300
Greeley,CO 80634 nicholemillerlpc@gmail.com
RELATED EXPERIENCE
• Licensed Professional Counselor, State of Colorado#6077
• Counselor in private practice at Art& Soul Care in Greeley since 2012
• Continued education training in art therapy and grief counseling techniques
• Experience in grief,loss,crisis and trauma,along with various outlying issues such as depression,anxiety,PTSD,
relationships,sexual abuse,and other related topics
• Over fifteen years vocational and volunteer experience in mentoring,developing,and counseling teens,college
students and adults
• National Certified Counselor
• Volunteer counselor for cross-cultural workers at Thrive women's retreat in 2009
• Trained volunteer crisis counselors in Kampala,Uganda in 2006 and 2007
• Three years as a workshop leader at the Rocky Mountain Counselors Conference in Buena Vista,CO for regional
pregnancy center counselors and directors
EDUCATION
2008-2012 Denver Seminary Littleton,CO
Master of Arts in Christian Formation and Soul Care
• Completed coursework for the Spiritual Formation and Soul Care Certificate
• Master's Thesis Project concentrating on personal areas of the spiritual journey using artistic expression and the
spiritual disciplines
2002-2006 Denver Seminary Littleton,CO
Master of Arts in Counseling(Licensure)
• CACREP accredited program
• Specific coursework and internship experience in trauma,crisis response,community resources,multicultural
counseling,and grief work in individual and group counseling settings
1997-2001 Colorado State University Ft.Collins,CO
Bachelor of Science in Psychology
RELATED WORK EXPERIENCE
Jun. 2006-Aug. 2011 Alternatives Pregnancy Center Denver,CO
Director of Post Abortion Counseling Program
• Individual and group counseling in grief,loss,crisis,trauma and related therapeutic issues
• Coordinated and supervised seventeen support groups
• Supervision of volunteer counselors and graduate student interns
• Trained volunteer counselors in crisis and grief related counseling skills
• Developed training curriculum and support group format
• Served as the Client Services Director as needed
• Experience speaking and training large audiences
• Registered since 2006 in the State of Colorado Database
Mar. 2006-Dec. 2007 Cherry Creek Presbyterian Church Englewood,CO
Coordinator of Young Adult Ministry and Adult Spiritual Formation
• Leading and mentoring in individual and group settings
• Planned and facilitated young adult events,retreats,and service trip to Uganda
• Coordinated church-wide spiritual formation program
Nichole Tesone Miller, M.A., L.P.C.
Art & Soul Care, LLC
1015 37th Ave. Ct., Ste. 102
Greeley, CO 80634
Proof of Licensure
STATE OF COLORADO
Department of Re ulatory Agencies
Division of Professions and Occupations
Active PRINTED ON SECURE PAP
LPC
LPC.0006077 09/01/2013 08/31/22015
Number Issue Date Expire Date
Nichole Su Tesone
Greeley CO80634-250C
40tof40t4o,,..4t:ltotA"...,,.,s,,..ii.a. /
..
Division Director Signature
Proof of Liability Insurance
EVIDENCE OF INSURANCE
Master Poky Named Insured
National Professional Purchasing Group Association,Inc. 'THIS EVIDENCE IS ISSUED AS A MATTER OF
cro Loddon Affinity,LLC INFORMATION ONLY AND CONFERS NO RIGHTS UPON
P.O.Box 410679 THE EVIDENCE HOLDER. THIS EVIDENCE DOES NOT
Kansas City,Missouri 84141-0879 AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED
BY THE CERTIFICATE DESCRIBED BELOW.
Named Insured Member: INSURERS AFFORDING COVERAGE
Nichole Miller DSA Art&Soul Care,LLC
1015 37th Ave.Ct.Suite 102 Certain Underwriters at Lloyd's,London
Greeley,CO 80634
Member Certificate Number. 120-1005563-01
Primer,/Occupation NBCC Licensed or Certified
Professional Counselor
Secondary Occupation:
THE EVIDENCE OF INSURANCE LISTED BELOW HAS BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE POLICY
PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR COMMON OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS DOCUMENT MAY PERTAIN,THE INSURANCE AFFORDED BY THE
CERTIFICATE ISSUED TO THE MEMBER NAMED ABOVE IS SUBJECT TO AU.THE TERMS,EXCLUSIONS AND
CONDITIONS OF THE MASTER POLICY TO WHICH IT REFERS TO. AGGREGATE LIMITS MAY HAVE BEEN REDUCED BY
PAID CLAIMS,
1. Master Policy Number: GLOPR1300702
2. Policy Period:The Policy Period shall commence during the Policy Period set forth below.Coverage shall
commence from the date upon which the Named Insured holds a valid RPG membership during the Policy
Period and shall continue up to but not exceeding 365 days in all.
From: 06/28/2014
To: 06/28/2015
Both dates at 12:01 a.m Local lime at the address listed in Named Insured stated above.
3. Policy Administrator: Lockton Affinity,LLC P.O.Box 410679 Kansas City,MO 64141-0679
4. Insuring Agreements and Limits of Liability
A. Professional Liability:
L Each Claim Includes Claims Expenses $1.000,000
Ii. Aggregate Limit of Liability Includes Claims Expenses $3,000,000
B. General Liability(includes Host Liquor Liability)
L Each Claim includes Claims Expenses $1,000.000'
Ii. Aggregate Limit of Liability includes Claims Expenses $3,000,000
C. Fire/Water Damage Legal Liability from any one fire or Water Damage $100,000
includes Claims Expenses
t). Medical Expense Payments
I. Each Person $2,000
II. Aggregate Limit of Liability $50,000
E. Policy Aggregate Limit of Liability includes Claims Expenses $3,000,000
Supplementary payments are in addition to these limits.
EVIDENCE HOLDER CANCELLATION
SHOULD THE ABOVE DESCRIBED POUCY BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
PROOF OF COVERAGE Nf.INOOCECY Yd SE ED IN ACCORDANCE WITH THE
AUTHORIZEDR;PI seter IVE
Proof of Auto Insurance
(To be amended to be compliant upon approval of bid by contract start date)
California Casualty Far questions on your policy or to report a loss,
call 1-800-800-9410.'This document can be
Home once: san Mateo,CA viewed at calcas.com/My-Account.
Coverage provided by: CALIFORNIA CASUALTY INDEMNITY EXCHANGE
Named Insured(s): MILLER.HEATH AND NICHOLE
Outline of Coverage for the 2002 CHRYS TOWN&COUN Vehicle ID Number. 2C4GP74L42R724385
Class:87K223 Other Than Collision Symbol: 11 Collision Symbol: 11 Limit:
BI/PD Liability Symbol: 290 PIP/MP Liability Symbol. 490
Coverage is provided where a premium is shown. See your Policy Contract for coverage details.
Coverage Limits Deductible Premium
Bodily Injury Liability $50.000/$100,000 Each Person/Each Accident $ 141.00
Property Damage Liability $50,000 Each Accident $ 130.00
Medical Payments $5.000 Each Person $ 51.00
Uninsured Motorists $50,000/$100.000 Each Person/Each Accident $ .00
Other Than Collision Actual Cash Value Subject to Deductible $250 $ 111.00
Collision Actual Cash Value Subject to Deductible $500 $ 205.00
Transportation Expense Optional Limits Apply $30 Per Day/$900 Maximum $ 10.00
Towing and Labor Costs Broad Coverage Applies $ 21.00
Total Vehicle Premium: $ 669.00
The following discounted factors have been applied to this vehicle:
Platinum Level,Multi-Car Discount,Auto-Home Discount.Anti-Lock Brake Discount,Persistency(Loyalty)Rating,
Package Discount,Passive Restraint Discount and Affinity Group Member
Ili
UP-1176(11/11) INSURED COPY 04/02/14 Page:2 of 4
EXHIBIT C
SCOPE OF SERVICES
1. Contractor will provider Life Skills and Kinship Provider Support and Consultation to individuals and
families,as referred by the Department.
2. All services will be provided by Nichole T. Miller,a Licensed Professional Counselor in the State of
Colorado.
3. Contractor will provide in-home and in-office Life Skills to individual and families referred by the
Department. In-office services will be provided at 1015 37th Avenue Court,Suite 102,Greeley,Colorado
80634. Contractor will provide a safe,therapeutic environment designed to engage and strengthen the
family system.
a. Services will include:
• Therapeutic Visitation—Supervised visitation that incorporates a variety of therapeutic
models including individual,couples and family therapy;Emotion Focused Therapy,
parenting education,and parent/child interaction observations.
• Supervised Visitation—Supervision of family visits for the purpose of guidance and giving
feedback to parents giving them the opportunity to practice new skills learned during
visitation. Contractor shall be physically present and within sight at all times and will
intervene as needed to ensure the safety and wellbeing of all participants,specifically
children.
• Safe Exchange—Supervised exchange of children for the purposes of parenting time where
each parent or guardian shall have pick-up and drop off times that will prevent face-to-face
contact between parties.
• Parenting Skills—Contractor will teach parenting skills,budgeting,child development,
relationship skills,nutrition,acceptable methods of discipline,and other home management
skills in order to assist parents in becoming better caregivers.
4. Contractor will provide Kinship Provider Support and Consultation services to individuals and families
referred by the Department. In-office services will be provided at 1015 37`h Avenue Court,Suite 102,
Greeley,Colorado 80634. Contractor will provide a safe,supportive environment designed to engage and
strengthen the kinship family system.
a. Services will include:
• Kinship Provider Consultation—Contractor will provider in-home or in-office visits to offer
support and consultation to kinship providers. This may include,but is not limited to:
discussing family dynamics,the child(ren)'s transition into the home,the unique challenges
of kinship care,understanding terms and processes of kinship care,and connecting with
support services through the Department or through various community programs.
• Kinship Provider Parenting Skills—Contractor will teach parenting skills,budgeting,child
development,relationship skills,nutrition,acceptable methods of discipline,listening skills,
and other home management skills in order to assist kinship providers in becoming better
caregivers.
• Observation,interpretation,perceptions and recommendations to parents,families,
caseworker or kinship coordinator as needed/appropriate.
1
• Concrete supportive guidance and education to address behavioral and emotional concerns,
using evidence based successful practices. These methods may include but are not limited
to Solution Focused and Cognitive Behavioral Therapy models.
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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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 PRIOR to the staffing/meeting 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
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 31,2016.
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(In-office)
$125.00/Hour(Out-of-Office within Weld County)
$110.00/Hour(Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting
with approval to bill)
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
Nichole Tesone Miller, M.A., L.P.C.
Art & Soul Care, LLC
1015 37th Ave. Ct., Ste. 102
Greeley, CO 80634
Proof of Licensure
STATE OF COLORADO
Department of Regulatory Agencies
Division of-Professions and Occupations
Active
PRINTED ON SECURE PAP
LPC
LPC.0006017 09101/2013 {8/31/2015'
Number issue Date Expire Date
Nichole Su Tesone
Greeley CO 80634-250C
140,0//:#4440,
Division; Director Signature
Proof of Liability Insurance
EVIDENCE OF INSURANCE
Master Policy Named insured
National Professional Purchasing Group Association,Inc. THIS EVIDENCE IS ISSUED AS A MATTER OF
do Loddon AthrWty,LLC INFORMATION ONLY AND CONFERS NO RIGHTS UPON
P.O.Box 410879 THE EVIDENCE HOLDER. THIS EVIDENCE DOES NOT
Kansas City,Missouri 64141-0879 AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED
BY THE CERTIFICATE DESCRIBED BELOW.
Named insured Member: INSURERS AFFORDING COVERAGE:
Nichole Miller DBA Art&Soul Care,LLC
1015 37th Ave.Ct.Suite 102 Curtain Under+wrlara at Lloyd's,London
Greeley,CO 80634
Member Certificate Number 120-1005563-01
Primary Occupation:NBCC Licensed or Certified
Professional Counselor
Secondary Occupation:
THE EVIDENCE OF INSURANCE USTED BELOW HAS BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS DOCUMENT MAY'PERTAIN.THE INSURANCE AFFORDED BY THE
CERTIFICATE ISSUED TO THE MEMBER NAMED ABOVE IS SUBJECT TO AU.THE TERMS.EXCLUSIONS AND
CONDITIONS OF THE MASTER POLICY TO WHICH IT REFERS TO. AGGREGATE LIMITS MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
1. Master Policy Number. GLOPR1300702
2. Policy Period:The Policy Period shall commence during the Policy Period set forth below.Coverage shall
commence from the date upon which the Named Insured holds a valid RPG membership during the Policy
Period and shall continue up to but not exceeding 365 days in all.
From: 06/28/2014
To: 06/28/2015
Both dates at 12:01 a.m Local Time at the address listed in Named Insured stated above.
3. Policy Administrator: Locdcton Affinity,LLC P.O.Box 410679 Kansas City,MO 64141-0679
4. Insuring Agreements and Limits of Liability
A. Professions!Liability:
I. Each Claim Includes Claims Expenses $1.000,000
II. Aggregate Limit of Liability includes Claims Expenses $3,000,000
B. General Liability(includes Host Liquor Liability)
I. Each Claim includes Claims Expenses $1.000,000
I. Aggregate Limit of Liability includes Claims Expenses $3,000,000
C. Fire/Water Damage Legal Liability from any one fire or Water Damage $100,000
includes Claims Expenses
D. Medical Expense Payment
i. Each Person $2,000
II. Aggregate Limit of Liability $50,000
E. Policy Aggregate Limit of Liability Includes Claims Expenses $3,000,000
Supplementary payments are in addition to these limits.
EVIDENCE HOLDER CANCELLATION
SHOULD TIE ABOVE DESCRIBED POLICY BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
PROOF OF COVERAGE NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS
AUTHO ESENTATIVE
Proof of Auto Insurance
(To be amended to be compliant upon approval of bid by contract start date)
✓� Calnforrna Casualty For questions on your policy or to report a loss,
call 1-800-800-941a This document can be
Ho
rne Office: San Mateo.CA viewed at calcas.com/My-Account.
Coverage provided by: CALIFORNIA CASUALTY INDEMNITY EXCHANGE
Named Insured(s): MILLER,HEATH AND NICHOLE
Outline of Coverage for the 2002 CHRYS TOWN&COON Vehicle ID Number: 2C4GP74L42R724385
Class:87K223 Other Than Collision Symbol: 11 Collision Symbol: 11 Limit:
BI/PD Liability Symbol: 290 PIP/MP Liability Symbol: 490
Coverage is provided where a premium is shown. See your Policy Contract for coverage details.
Coverage Limits Deductible Premium
Bodily Injury Liability $50,000/$100,000 Each Person/Each Accident $ 141.00
Property Damage Liability $50.000 Each Accident $ 130.00
Medical Payments $5,000 Each Person $ 51.00
Uninsured Motorists $50,000/$100,000 Each Person/Each Accident $ .00
Other Than Collision Actual Cash Value Subject to Deductible $250 $ 111.00
Collision Actual Cash Value Subject to Deductible $500 $ 205.00
Transportation Expense Optional Limits Apply $30 Per Day/$900 Maximum $ 10.00
Towing and Labor Costs Broad Coverage Applies $ 21.00
Total Vehicle Premium: $ 669.00
The following discounted factors have been applied to this vehicle:
Platinum Level,Multi-Car Discount.Auto-Home Discount,Anti-Lock Brake Discount,Persistency(Loyalty)Rating.
Package Discount,Passive Restraint Discount and Affinity Group Member
UP-1176(11/11) INSURED COPY 04/02/14 Page:2 of 4
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