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Home My WebLink About20143338 RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -GREELEY COUNSELING CENTER 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 the Greeley Counseling Center, commencing June 1, 2014, and ending May 31, 2015, 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 the Greeley Counseling Center 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 27th day of October, A.D., 2014, nunc pro tuns June 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiftvt� to�1+� EXCUSED G' Ir �� MI es: gglas Rademacher, Chair Weld County Clerk to the Boat ,y ., �� n ,� �yy}•ara Kirkm ro-Tem D tay Clerk to the Boar.\k,- •� ( ' ---------ec � :can P. Conway APP D AS TO FORM: Mike Fr ounty Attorney i, illia F. raa Date of signature 14/4 2014-3338 CC'•-fKx7 ( " I2 HR0085 ,86,E MEMORANDUM DEL��EL DATE: October 23, 2014 14— - coN?Y TO: Douglas Rademacher, Chair, Board of Co my Commi sinners FROM: Judy A. Griego, Director, Human Servic ep me RE: Child Protection Agreement for Servic between the Weld County Department of Human Services and Greeley Counseling Center Enclosed for Board approval is a Child Protection Agreements for Services between the Department and Greeley Counseling Center. This Agreement was reviewed under the Board's Pass-Around Memorandum dated July 15, 2014, and approved for placement on the Board's Agenda. The major provisions of this agreement are as follows: No. Provider/ Term Program Area/Funding Rates 1 Greeley Counseling Mental Health Services $1,492.00/Episode (Psychological Center (1525234) Evaluation - Adult or Adolescent, In- Core Office) 07/01/14-06/31/}4, $1,807.00/Episode (Psychological 15 Evaluation - Adult or Adolescent, Out- of-Office) $1,015.00/Episode (Parental Fitness Evaluation) $186.50/Hour (Partial Evaluation) $171.00/Hour (Interactional Evaluation) $142.00/Hour(Case Consultation) $122.00/Hour (Individual and Family Therapy. Court Staffing/Court Facilitation/Family Team Meeting/ Team Decision Making Meeting) $60.00/Episode (Travel Surcharge) If you have any questions, give me a call at extension 6510. 2014-3338 PY-14-15-CORE-0139 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GREELEY COUNSELING CENTER This Agreement, made and entered into the day of�, f,(�, 2014 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 Greeley Counseling Center, hereinafter referred to as the"Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A, Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and incorporated herein by this reference. WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to the Department for Mental Health Services. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term , This agreement shall become effective on June 1, 2014, upon proper execution of this Agreement and shall expire May 31, 2015, unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A,Weld County's Request for Proposal,and Exhibit C, Scope of Services. 3. Referrals, Billing and Tracking a. Contractor understands and will comply with all aspects of the referral authorization, billing and tracking requirements as set forth by the Department. Failure to comply with all aspects may result in a forfeiture of payment. b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-mail address prior to the start of this Agreement. Contractor acknowledges that services are not authorized until the Contractor has received an authorized referral form from the Department. Contractor further acknowledges that services provided prior to the authorized start date or outside the scope of services on the referral form will not be eligible for reimbursement. Contractor acknowledges that any and all modifications to an existing referral must be approved through the Department's Resource Manager, Child Welfare Contract and Services Coordinator,or 1 PY-14-15-CORE-0139 through a Team Decision Making(TDM) meeting or Family Team Meeting(FTM). No other Department staff or other party to the case may authorize services or modifications to services. c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month, following the month of service, utilizing billing forms required by the Department. d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month following the month of service for each client receiving ongoing services. One-time services will be verified through receipt of the completed product (ex. psychological evaluation,substance abuse evaluation). Verification of Monitored Sobriety Services will be the test result. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under the Agreement. Areas of concern may include, but are not limited to,any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately to the caseworker AND on the required monthly report. Monthly reports will be submitted through the Department's online reporting system, unless otherwise directed or agreed to by the Department. 4. Payment a. The Department and the Contractor agree that all benefits from private insurance and/or other funding sources such as Medicaid (if Contractor is a Medicaid eligible provider)or Victim's Compensation must be exhausted before Core Services or other Department funds can be accessed for services. b. Payment shall be made in accordance with Exhibit A,Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit C, Scope of Services, and Exhibit D, Payment Schedule, attached hereto and incorporated herein by reference, so long as services are rendered satisfactorily and in accordance with the Agreement. c. Payment pursuant to this Agreement,whether in whole or in part, is subject to, and contingent upon, the continuing availability of said funds for the purposes hereof. d. The Department may withhold reimbursement if Contractor has failed to comply with any part of the Agreement, including the Financial Management requirements, program objectives,contractual terms, or reporting requirements. In the event of forfeiture of reimbursement, Contractor may appeal such circumstance in writing to the Director of Human Services. The decision of the Director of Human Services shall be final. 5. Financial Management At all times from the effective date of the Agreement until completion of the Agreement,Contractor shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds 2 PY-14-15-CORE-0139 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A,Weld County's Request for Proposal, Exhibit B, Contractor's Response to the Request for Proposal, Exhibit B, Scope of Services,and Exhibit D, Payment Schedule: a. If services are funded through Core Services, Contractor agrees to accept reimbursement through ACH direct deposit one time per month. b. If Contractor is not currently set up with the State of Colorado to accept direct deposit, Contractor agrees to complete and submit an ACH Form for Colorado Providers,which will be provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of Colorado per • the directions on the form. Failure to complete and submit this form in a timely and accurate manner may result in a delay of payment. c. Contractor agrees to accept payment through county warrant when funding source does not allow for direct deposit. 7, Compliance with Applicable Laws a. At all times during the performance of this Agreement,Contractor will strictly adhere to all applicable Federal and State laws, order, and applicable standards, regulations, interpretations and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws and regulations, including, but not limited to the following: - Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 et seq. and its implementing regulation, 45 C.F.R. Part 80 et seq.; and - all provisions of the Civil Rights Act of 1986 so that no person shall, on the grounds of race, creed, color, sex,or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved Agreement. - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and - the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et seq. and its implementation regulations,45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967; and 3 PY-14-15-CORE-0139 - the Equal Pay Act of 1963;and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L.99-603,42 C.F.R. Part 2;and - all regulations applicable to these laws prohibiting discrimination because of race,color, national origin,sex, religion,and handicap, including Acquired Immune Deficiency Syndrome (AIDS)or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary, Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74,Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute(C.R.S.) 26-6-104,requiring criminal background record checks for all employees,contractors and sub-contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is Core Services. d. Contractor assures and certifies that it and its principals: - Are not presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a Federal or State department or agency; and - have not,within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State or Local)transaction or contract under public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; and - are not presently indicted for or otherwise criminally or civilly charged by a government entity(federal, state or local)with commission of any of the offenses enumerated in this certification;and - have not,within a three-year period preceding this Agreement, had one or more public transactions(federal, state, or local)terminated for cause or default. 4 PY-14-15-CORE-0139 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes(C.R.S.)8- 17.5-101, et. seq, Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security,and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et. seq., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor must confirm that any individual natural person eighteen (18)years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Agreement. If Contractor operates as a sole proprietor, it hereby affirms under penalty of perjury that s/he(a) is a citizen of the United States or is otherwise lawfully present in the United State Pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et. seq.,and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 8. Compliance with Child and Family Services Review The Child and Family Services Review(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome, data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review, a Program Improvement Plan (PIP)will be implemented for the state to enhance services to families. Contractor agrees to continually strive for positive outcomes in the areas of Safety, Permanency and Well Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under the Child and Family Services Review(CFSR),and will address the aforementioned three areas when completing monthly reports as required by Paragraph 3(d)of this Agreement. 9. Insurance Requirements Contractor and Department agree that Weld County,the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, it subcontractor, or their employees,volunteers, or agents while performing duties described in this Agreement. Contractor shall indemnify,defend and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees,volunteers and agents. 5 PY-14-15-CORE-0139 Contractor shall provide the liability insurances(including professional liability insurances where necessary)and worker's compensation insurances for all its employees,volunteers,and agents engaged in the performance of this Agreement which are required under Weld County's Request for Proposal,and required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the acceptable evidence that such coverage is in effect within seven (7)days of the date of this Agreement. At a minimum, Contractor shall procure,either personally or through its employer as applicable to the Contractor's business,at its own expense, and maintain for the duration of the work,the following insurance coverage. Weld County,State of Colorado,by and through the Board of County Commissioners of Weld County,its employees and agents, shall be named as additional named insured on the insurance, where permissible the insurance provider. a. General Requirements:Contractors/Contract Professionals must secure,at or before the time of execution of any agreement or commencement of any work,the following insurance covering all operations,goods or services provided pursuant to this request.Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof,during any warranty period, and for three(3)years after termination of the Agreement.The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as"A"VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested.Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond,at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims.The insurance coverages specified in this Agreement are the minimum requirements,and these requirements do not decrease or limit the liability of Contractor/Contract Professional.Contractor/Contract Professional shall maintain,at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. b. Types of Insurance: Contractor/Contract Professional shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: i. Workers'Compensation Insurance as required by state statute,and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. If Contractor is an Independent Contractor, as defined by the Colorado Worker's Compensation Act,this requirement shall not apply. Contractor must submit to the Department a Declaration of Independent Contractor Status Form prior to the start of this agreement. ii. Commercial General Liability Insurance written on ISO occurrence form CG 0001 10/93 or equivalent,covering premises operations,fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury,and advertising liability with minimum limits as follows: - $1,000,000 each occurrence; - $2,000,000 general aggregate; - $50,000 any one fire; and - $500,000 errors and omissions. 6 PY-14-15-CORE-0139 iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person,$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. iv. Additional Provisions: Policies for all general liability,excess/umbrella liability, liquor liability and pollution liability must provide the following: - If any aggregate limit is reduce by twenty-five percent(25%)or more by paid or reserved claims,Contractor shall notify County within ten (10) days and reinstate the aggregates required; - Unlimited defense costs in excess of policy limits; - Contractual liability covering the indemnification provisions of this Agreement; - A severability of interests provision; - Waiver of exclusion for lawsuits by one insured against another; - A provision that coverage is primary; and - A provision that coverage is non-contributory with other coverage or self- insurance provided by County. v. For all general liability,excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy,the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County,whichever is earlier. c. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator")at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage,in form and company acceptable to and approved by said Administrator,covering all operations hereunder set forth in the related Bid or Request for Proposal. d. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this information to its insurance agent or broker, and shall have its agent or broker provide proof of Contractor/Contract Professional's required insurance. County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance,a policy,or other proof of insurance as required by the County's Risk Administrator in his sole discretion. e. Additional Insureds: For general liability,excess/umbrella liability, pollution legal liability, liquor liability,and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured as follows f, Waiver of Subrogation: For all coverages,Contractor/Contract Professional's insurer shall waive subrogation rights against County. g. Subcontractors: All subcontractors,subcontractors,independent contractors,sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional.Contractor/Contract Professional shall include all such subcontractors, independent contractors,sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors,sub-vendors suppliers or other entities upon request by the County. 7 PY-14-15-CORE-0139 A provider of Professional Services(as defined in the Bid or RFP)shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. 10. Certification Contractor certifies that,at the time of entering into this Agreement, it has currently in effect all necessary licenses, approvals, insurance,etc.,required to properly provide the services and/or supplies covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any Agreement. 11. Training Contractor may be required to attend training that the request of the Department specific to services provided under this Agreement. The Department will not compensate the Contractor for said training in the form of registration fees,time spent traveling to and from training, attending the training or any other associated costs unless otherwise agreed to by the Department. 12. Subpoenas Contractor will, on behalf of its employees and/or officers, accept any subpoena for testimony from the Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For this purpose, Contractor will designate an e-mail address prior to the start of this Agreement. If the Contractor receives a subpoena via e-mail but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-352-1551,x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation Contractor and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and the Contractor. Contractor shall permit the Department, and any other duly authorized agent or governmental agency,to monitor all activities conducted by the Contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses, on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with the work conducted under this Agreement. 14. Modification of Agreement All modifications to this Agreement shall be in writing and signed by both parties. 8 PY-14-15-CORE-0139 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: - Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed. - Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department. - Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between the Department and Contractor,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s). For Department: For Contractor: Heather Walker, Administrator Jack J.Gardner, Psv.D. 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent. For Department: For Contractor: Judy A.Griego, Director Jack J.Gardner, Psv.D. P.O. Box A 1228 8th Street Greeley,CO 80632 Greeley,CO 80631 (970)352-1551 (970-381-1474 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. 9 PY-14-15-CORE-0139 Contractor,within five(5) calendar days after being served with a summons,complaint, or other pleading which has been filed in any Federal or State court or administrative agency,shall deliver copies of such document(s)to the Director of Human Services. The term"litigation"includes an assignment for the benefit of creditors, and filings of bankruptcy,reorganization and/or foreclosure. 19. Termination This Agreement may be terminated at any time by either party giving thirty(30)days written notice to the individuals identified in paragraph 18. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year,as this Agreement is subject to the availability of funding. Therefore,the Department may terminate this Agreement at any time if the source of funding for the services made available to the Contractor is no longer available to the Department,or for any other reason. Contractor reserves the right to suspend services to clients if funding is no longer available. 20. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 21. Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights, benefits, protections or other provisions,of the Colorado Governmental Immunity Act of§§24-10-101 et.seq.,as applicable now or hereafter amended. 22. Partial Invalidity of Agreement If any section, subsection, paragraph, sentence,clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. 23. Improprieties/Conflict of Interest No officer,member or employee of weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. The Appearance of Conflict of Interest applies to the relationship of a Contractor with the Department when the Contractor also maintains a relationship with a third party and the two relationships are in 10 PY-14-15-CORE-0139 opposition. In order to create the appearance of a conflict of interest,it is not necessary for the Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor know that the two relationships are in opposition. During the term of the Agreement,Contractor shall not enter into any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,Contractor shall submit to the Department,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause, of its Agreement with the Contractor. Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of Contractor,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment,or modification of an Federal contract, loan, grant, or cooperative agreement. 24. Storage,Availability and Retention of Records Contractor agrees that authorized local, Federal,and State auditors and representatives shall,during business hours, have access to inspect and copy records, and shall be allowed to monitor and review through on-site visits, all activities related to this Agreement,supported with funds under this Agreement, to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. All such records,documents,communications,and other materials created pursuant or related to this Agreement shall be maintained by the Contractor in a central location and shall be made available to the Department upon its request,for a period of seven (7)years from the date of final payment under this Agreement,or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the Federal and/or State government has begun but is not completed at the end of the seven (7)year period, or if audit findings have not been resolved after a seven (7) period,the materials shall be retained until the resolution of the audit finding. 25. Confidentiality of Records Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Agreement except for purposes directly connected with the administration of Child Protection. No information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with the Contractor's written policy governing access to, duplication and dissemination of,all such information, in any form, including social networks. Contractor shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. 11 PY-14-1S-CORE-0139 Contractor shall provide its employees, agents, and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Contractor shall have its employees,agents,and subcontractors, if any,sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 26. Proprietary Information Proprietary information for the purposes of this Agreement is information relating to a party's research, development,trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2)that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the Department's site by the Contractor in the course of providing services under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 28. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as state in Paragraph 14 herein. This Agreement shall be binding upon the parties hereto,their successors, heirs, legal representatives, and assigns. The Contractor and the Department may not assign any of its rights or obligations hereunder without the prior consent of both parties. 29. Agreement Nonexclusive This Agreement does not guarantee any work nor does it create an exclusive agreement for services. 30. Warranty The Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement including Exhibits A, B, C,and D. 12 PY-14-15-CORE-0139 31. Acceptance of Services Not a Waiver 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 424-50-507 The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. The Contractor has no interest and shall not acquire any interest direct or indirect,which would in any manner or degree with the performance of the Contractor's services and the Contractor, shall not employ any person having such known interests. During the term of this Agreement,the Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of the Contractor nor any member of the Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends,supervises Contract Professional's operations, or authorizes funding to the Contractor. 33. Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado. 34. Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 35. Attorneys Fees/Legal Costs 13 PY-14-15-CORE-0139 In the event of a dispute between County and Contract Professional, concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 14 PY-14-15-CORE-0139 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: Wsatheti -.- r BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Weld County Clerk to the Board ,< iA,4{c4ii- - 64- -' Barbara Klrkmeyer. ro—Tem 1861 ` -� OCT 272014 By: D puty Clerk to the Boar.•, '. p' , APPROVED AS TO FORM: • County Attorney WELD COUNTY DEPARTMENT GREELEY COUNSELING CENTER OF HUMAN SERVICES Ju A.Griego, irector /Jack J.Gardner,Psy.D. • 15 )OILT 3338 WEED COUNTY'S REQUEST FOR PROPOSAL Bid No. B1400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 PAGES 1-4 OF THIS REQUEST FOR PROPOSAL CONTAIN GENERAL INFORMATION. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-4 MAY BE APPLICABLE. SPECIFICATIONS UNIQUE TO THIS REQUEST FOR PROPOSAL FOLLOW PAGE 4. NOTICE TO BIDDERS A. The Families, Youth and Children's Commission, on behalf of the Weld County Department of Human Services, by and through the Board of Weld County Commissioners, wishes to purchase the following: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) B. Bids for the stated services will be received by the Weld County Department of Human Services, Resource Unit, Attn: Tobi Vegter at vegterta@weldgov.com or P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: WEDNESDAY. MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCK). II. INVITATION TO BID A. The Families, Youth and Children's Commission, on behalf of the Weld County Department of Human Services, by and through the board of Weld County Commissioners requests bids for the purchase of Various Services (as described on pages 12-14). B. Bids shall include any and all charges for service(s) applied for by the bidder, and shall, in every way, be the total net price which the bidder will expect the Board of County Commissioners of Weld County to pay if awarded the bid. C. Emailed Bids Are Preferred. Emailed (fully typed) bids are preferred. However, if the bidder is unable to submit an emailed bid, the bidder must comply with the requirements set forth in Paragraph II D below. An emailed bid must contain the following statement: "I hereby waive my right to a sealed bid." D. Unless the Bid is emailed, one original and one copy of the Bid must be submitted. One complete bid document, which will be the only official copy of the bid, shall be filed at the Weld County Department of Human Services, Service Utilization Unit. After certification of the bid, the other copy will be routed for applicable review. An e-mail confirmation will be sent when we receive your bid/proposal. Page 1 Bid No. 81400069 III. INSTRUCTIONS TO BIDDERS A. Bids shall be typewritten. Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the partners of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in this matter. Bids submitted by limited liability companies must furnish the full names of all members and managers and must be signed by a manager or by an authorized representative, followed by the signature and title of the person signing. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. B. Bids may be withdrawn upon written request to the Weld County Department of Human Services received from bidders prior to the submission deadline. Negligence on the part of bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidder's risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Department of Human Services, Service Utilization Unit, on or prior to the time indicated in Section I., entitled "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, the Board of County Commissioners of Weld County will give preference to resident Page 2 Bid No. B1400069 Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that the Board of County Commissioners of Weld County will give preference to suppliers from the State of Colorado, in accordance with Section 30-11-110, CRS, when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. J. Substitutions or modifications to any of the terms, conditions, or specifications of this bid package which are made by Weld County, Colorado, after the bids have been distributed to prospective bidders, and prior to the date and time of bid opening, will be made in writing and signed by the Families, Youth and Children's Commission. No employee of Weld County, Colorado, is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of Families, Youth and Children's Commission. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. K. The successful bidder shall indemnify and hold harmless Weld County, Colorado, against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. L. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5- 103(4) if such individual applies for public benefits provided under this Contract. Page 3 Bid No. B1400069 If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Families, Youth and Children Commission, the Weld County Department of Human Services, or the Board of Weld County Commissioners, for the premature opening of a bid not properly addressed and identified. O. In submitting the bid, the bidder agrees that the acceptance of any and all bids by the Board of County Commissioners of Weld County within a reasonable time or period does not constitute a contract. The Board of County Commissioners of Weld County, Colorado, reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid, or part of a bid, that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. P. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. Q. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of the Weld County Department of Human Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. IV. General Specifications. A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. Page 4 Bid No. B1400069 B. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. C. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. D. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. E. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. F. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental Page 5 Bid No. B1400069 beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Insurance Requirements. i. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: (a). Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. (b). Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: Page 6 Bid No. B1400069 * $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations aggregate; * $50,000 any one fire; and * $500,000 errors and omissions. (c). Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. (d). Additional Provisions: * Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: * If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; * Unlimited defense costs in excess of policy limits; * Contractual liability covering the indemnification provisions of this Agreement; * A severability of interests provision; * Waiver of exclusion for lawsuits by one insured against another; * A provision that coverage is primary; and * A provision that coverage is non-contributory with other coverage or self- insurance provided by County. (e). For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. iii. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. iv. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this information to its insurance agent or broker, and shall have its agent or broker provide proof of Contractor/Contract Professional's required insurance on Page 7 Bid No. B1400069 www.lns-Cert.com and link the information to County. County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. v. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. vi. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. vii. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. V. Warranty. The successful bidder shall warrant that: A. The services to be supplied pursuant to this bid are fit and sufficient for the purpose intended; B. The services sold to Weld County, Colorado pursuant to this bid conform to the minimum Weld County specifications as established herein. Page 8 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi-Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above-mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) A bidder must submit a one page or less cover letter that introduces the bidder, the bidder's location(s) of practice and target area, his or her experience and qualifications, and staff. 1) A bidder must submit sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice that does not directly address the requirements set forth in this Request for Proposal. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. Page 9 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) A bidder must agree to enter into a contract, attached as Exhibit A, with the Weld County Department of Human Services and comply with all requirements of the contract. Contract Period and Pricing: 1) The initial contract period shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit annually. 2) The initial contract will be funded through Core Services Program or Child Welfare Administration funding, so long as funding is made available. 3) The selected vendor will bill the Weld County Department of Human Services monthly according to billing requirements set forth by the Weld County Department of Human Services. Submittal Requirements for All Proposals: A bidder must submit according to requirements set forth in this Request for Proposal. All proposals must contain the following specific information: 2) Completed Provider Information Form with original signature of authorized representative. 3) One page or less cover letter that introduces the bidder, the bidder's location(s) of practice, his or her experience and qualifications, and staff. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 5) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice that does not directly address the requirements set forth in this Request for Proposal. Page 10 Bid No. B1400069 6) Current resume, proof of licensure and copies of applicable training certificates for all staff members who will manage and/or administer services under this proposal. 7) All proposals must demonstrate the bidder has the ability to deliver the services as proposed, and comply with the specific requirements set forth by the Weld County Department of Human Services. 8) All proposals must include a clear and concise rate schedule that accurately correlates to the proposed services and is inclusive of all possible charges related to the proposed service(s). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) Each bidder must submit a Standard Certificate of Insurance, or letter of intent from an insurance company authorized to do business in the State of Colorado stating its willingness to insure the bidder pursuant to the terms of this Request for Proposal. Evaluation of Proposals: All proposals that meet the basic proposal, service and qualification requirements will be reviewed by the Families, Youth and Children (FYC) Commission. The FYC Commission will make recommendations to the Board of Weld County Commissioners by and through the Weld County Department of Human Services. The Weld County Department of Human Services will make its award of contract to the successful bidders upon final approval of the Board of Weld County Commissioners. Page 11 Bid No. B1400069 SERVICE AREA DEFINITIONS Program Area gt 5 Defin on ,> , Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out- of-home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family-based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home-Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in-home counseling. Page 12 Bid No. B1400069 Program Area �� ,t Definitions 4 •v0,1 Homes Studies/Relinquishment Counseling Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Life Skills Visitation (both in-home and in-office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community-based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out-of-home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. Page 13 Bid No. B1400069 Pro ilm Area Definition 1v . ': c Saw '.7'4,4;ft.(/'� � .:�'�.€w # , +Ev. Substance Abuse Treatment Services Diagnostic and/or therapeutic services to assist in the development of the Family Service Plan (FSP), to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol. Page 14 Bid No. 81400069 EXHIBIT A CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND «CONTRACTOR1n This Agreement, made and entered into the_day of by and between the Board of Weld County Commissioners,on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department' and «Contractor», hereinafter referred to as the"Contractor". The parties to this Agreement understand and agree that the provisions of this Agreement specifically include the following documents: Exhibit A Department's Request for Proposal, Exhibit B,Scope of Services, Exhibit C, Contractor's Response to the Request for Proposal, and Exhibit D, Payment Schedule. Each of these documents is attached hereto and incorporated herein by this reference. WITNESSETH WHEREAS, required approval, clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided « funding»to the Department for «Services»; and NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term This agreement shall become effective on «TermStart», upon proper execution of this Agreement and shall expire «TermEnd», unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for services in compliance with Exhibit A, Weld County's Request for Proposal, and Exhibit B, Scope of Services. 3. Referrals, Billing and Tracking a. Contractor understands and will comply with all aspects of the referral authorization, billing and tracking requirements as set forth by the Department. Failure to comply with all aspects may result in a forfeiture of payment. b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-mail address prior to the start of this Agreement. Contractor acknowledges that services are not authorized until the Contractor has received an authorized referral form from the Department. Contractor further acknowledges that services provided prior to the authorized start date or outside the scope of services on the referral form will not be eligible for reimbursement, Contractor acknowledges that any and all modifications to an existing referral must be approved 1 Bid No. B1400069 through the Department's Resource Manager, Child Welfare Contract and Services Coordinator, or through a Team Decision Making(TDM) meeting or Family Team Meeting(FTM). No other Department staff or other party to the case may authorize services or modifications to services. c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month, following the month of service,utilizing billing forms required by the Department. d. Contractor agrees to submit a monthly report with the billing statement by the 7`h of the month following the month of service for each client receiving ongoing services. One-time services will be verified through receipt of the completed product(ex. psychological evaluation,substance abuse evaluation). Verification of Monitored Sobriety Services will be the test result. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under the Agreement. Areas of concern may include,but are not limited to,any physical, emotional,educational or behavioral issues. Areas of concern should be reported immediately to the caseworker AND on the required monthly report. Monthly reports will be submitted through the Department's online reporting system, unless otherwise directed or agreed to by the Department. 4. Payment a. The Department and the Contractor agree that all benefits from private insurance and/or other funding sources such as Medicaid(if Contractor is a Medicaid eligible provider)or Victim's Compensation must be exhausted before Core Services or other Department funds can be accessed for services. b. Payment shall be made in accordance with Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services,, Exhibit C,Contractor's Response to the Request for Proposal,and Exhibit D, Payment Schedule,attached hereto and incorporated herein by reference, so long as services are rendered satisfactorily and in accordance with the Agreement. c. Payment pursuant to this Agreement,whether in whole or in part, is subject to, and contingent upon, the continuing availability of said funds for the purposes hereof. d. The Department may withhold reimbursement if Contractor has failed to comply with any part of the Agreement, including the Financial Management requirements,program objectives,contractual terms,or reporting requirements. In the event of forfeiture of reimbursement, Contractor may appeal such circumstance in writing to the Director of Human Services. The decision of the Director of Human Services shall be final. 5. Financial Management At all times from the effective date of the Agreement until completion of the Agreement,Contractor shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds 2 Bid No. B14O0069 expended under this Agreement must conform to the Single Audit Act of 1984 and OMG Circular A-133. 6. Payment Method Unless otherwise provided in Exhibit A, Department's Request for Proposal, Exhibit B, Scope of Services,, Exhibit C,Contractor's Response to the Request for Proposal,and Exhibit D, Payment Schedule: a. If services are funded through Core Services, Contractor agrees to accept reimbursement through ACH direct deposit one time per month. b. If Contractor is not currently set up with the State of Colorado to accept direct deposit, Contractor agrees to complete and submit an ACH Form for Colorado Providers,which will be provided by the Department. Contractor is solely responsible to submit the ACH Form to the State of Colorado per the directions on the form. Failure to complete and submit this form in a timely and accurate manner may result in a delay of payment. c. Contractor agrees to accept payment through county warrant when funding source does not allow for direct deposit. 7. Compliance with Applicable Laws a. At all times during the performance of this Agreement,Contractor will strictly adhere to all applicable Federal and State laws,order, and applicable standards,regulations, interpretations and/or guidelines issued pursuant thereto. This includes protection of the confidentiality of all applicant/recipient records,papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Agreement. Contractor shall abide by all applicable laws and regulations, including, but not limited to the following: - Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d-1 et. seq. and its implementing regulation,45 C.F.R. Part 80 et.mg,; and - all provisions of the Civil Rights Act of 1986 so that no person shall,on the grounds of race, creed,color,sex,or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under the approved Agreement. - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations,45 C.F.R. Part 84; and - the Age Discrimination Act of 1975,42 U.S.C.Section 6101 et. seq.and its implementation regulations,45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967;and 3 Bid No. B1400069 - the Equal Pay Act of 1963;and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L.99-603,42 C.F.R. Part 2;and - all regulations applicable to these laws prohibiting discrimination because of race,color, national origin,sex,religion,and handicap, including Acquired Immune Deficiency Syndrome (AIDS)or AIDS related conditions covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,Contractor and the Department will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74,Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any all Federal and/or State financial assistance. - Colorado Revised Statute(C.R.S.) 26-6-104, requiring criminal background record checks for all employees,contractors and sub-contractors. b. Contractor is further charged with the knowledge that any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the United States Department of Health and Human Services, Office for Civil Rights. c. Contractor assures that it will fully comply with all other applicable Federal and State laws which may govern the ability of the Department to comply with the relevant funding requirements. Contractor understands the source of funds to be accessed under the Agreement is«funding». d. Contractor assures and certifies that it and its principals: - Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transaction by a Federal or State department or agency; and - have not,within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain, or performing a public(Federal,State or Local)transaction or contract under public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements,or receiving stolen property; and - are not presently indicted for or otherwise criminally or civilly charged by a government entity(federal, state or local)with commission of any of the offenses enumerated in this certification; and - have not,within a three-year period preceding this Agreement, had one or more public transactions(federal,state,or local)terminated for cause or default. 4 Bid No. B1400069 e. Contractor certifies that it shall comply with the provision of the Colorado Revised Statutes(C.R.S.)8- 17.5-101,et. seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor represents,warrants,and agrees that it(a)has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and(b)otherwise will comply with the requirements of C.R.S.8-17.5-102(2)(b). Contractor shall comply with all reasonable requires made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractors fails to comply with any requirement of this provision or C.R.S.8-17.5-101,et.sea., the Department may terminate this Agreement for breach and Contractor shall be liable for actual and consequential damages to the Department. Except where exempted by Federal law and except as provided in C.R.S.24-76.5-103(3),if Contractor receives federal or state funds under this Agreement, Contractor must confirm that any individual natural person eighteen (18)years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4)if such individual applies for public benefits provided under this Agreement. If Contractor operates as a sole proprietor,it hereby affirms under penalty of perjury that s/he(a)is a citizen of the United States or is otherwise lawfully present in the United State Pursuant to federal law,(b)shall produce one of the forms of identification required by C.R.S.24-76.5-101,et.seq., and (c)shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 8. Compliance with Child and Family Services Review The Child and Family Services Review(CFSR)examines child welfare service outcomes in three areas; Safety, Permanency and Well Being of families. For each outcome,data and performance indicators measure each state's performance according to national standards and monitor progress over time. Following the review,a Program Improvement Plan (PIP)will be implemented for the state to enhance services to families. Contractor agrees to continually strive for positive outcomes in the areas of Safety,Permanency and Well Being. Contractor will ensure that any employee or subcontractor of Contractor providing services under this Agreement will work towards positive outcomes in the aforementioned three areas as outlined under the Child and Family Services Review(CFSR),and will address the aforementioned three areas when completing monthly reports as required by Paragraph 3(d)of this Agreement. 9. Insurance Weld County,the Board of County Commissioners of Weld County, its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, it subcontractor, or their employees,volunteers,or agents while performing duties described in this Agreement. Contractor shall indemnify,defend and hold harmless Weld County,the Board of County 5 Bid No. 61400069 Commissioners of Weld County,its employees,volunteers and agents. Contractor shall provided the liability (including professional liability insurances where necessary)and worker's compensation insurances for all its employees,volunteers, and agents engaged in the performance of this Agreement which are required under Weld County's Request for Proposal. Contractor shall provide the Department with the acceptable evidence that such coverage is in effect within seven(7) days of the date of this Agreement. At a minimum,Contractor shall procure, either personally or through its employer as applicable to the Contractor's business,at its own expense,and maintain for the duration of the work,the following insurance coverage. Weld County,State of Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents,shall be named as additional named insured on the insurance, where permissible the insurance provider. - Standard Workman's Compensation and Employer's Liability o As required by State statute including occupational disease,covering all employees at the work site. - General Liability(PL and PD) (Minimum) o Combined single limit-$500,000.00 written on an occurrence basis. o Additional insurance required if claims reduce the annual aggregate below$500,000.00. o Weld County,State of Colorado,to be named as additional insured on each comprehensive general liability policy. o Certificate of Insurance to be provided to Weld County. o Insurance shall include provision preventing cancellation without 60 days prior notice by certified mail to Weld County. - Automobile Liability(Minimum)for any Contractor transporting children or any party to whom Department services are being provided. - Additional coverage may be required in specific program areas. For any insurance that are required by this Agreement,a completed Standard Certificate of Insurance shall be provided to the Department by the Contractor prior to the start of any Agreement. 10. Certification Contractor certifies that,at the time of entering into this Agreement, it has currently in effect all necessary licenses, approvals, insurance, etc., required to properly provide the services and/or supplies covered by this Agreement. Copies of all necessary licenses shall be provided to the Department by the Contractor prior to the start of any Agreement. 11. Training Contractor may be required to attend training that the request of the Department specific to services provided under this Agreement. The Department will not compensate the Contractor for said training in 6 Bid No. B1400069 the form of registration fees,time spent traveling to and from training, attending the training or any other associated costs unless otherwise agreed to by the Department. 12. Subpoenas Contractor will,on behalf of its employees and/or officers,accept any subpoena for testimony from the Weld County Attorney's Office by e-mail and will return a waiver of services within 72 business hours. For this purpose,Contractor will designate an e-mail address prior to the start of this Agreement. If the Contractor receives a subpoena via e-mail but will only accept personal service,the Contractor will contact the Weld County Attorney's Office immediately at 970-352-1551, x6503,and advise that the subpoena must be personally served. 13. Monitoring and Evaluation Contractor and the Department agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and the Department. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners,the Department and the Contractor. Contractor shall permit the Department,and any other duly authorized agent or governmental agency,to monitor all activities conducted by the Contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with the work conducted under this Agreement. 14. Modification of Agreement All modifications to this Agreement shall be in writing and signed by both parties. 15. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: - Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed. - Deny payment or recover reimbursement for those services or deliverables,which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Department. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the Department. 7 Bid No. 814O0069 - Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between the Department and Contractor,or by the Department as a debt due to the Department or otherwise as provided by law. 16. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s). For Department: For Contractor: Heather Walker,Administrator «RepFName»«RepLName»,«RepTitle» 17. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent. For Department: For Contractor: Judy A.Griego, Director «NoticeFName» «NoticeLName», P.O. Box A «Addressl», «Address2» Greeley, CO 80632 «City»,«State» «Zip» (970)352-1551 «Phone» 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. 8 Bid No. 81400069 20. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 21. Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions,of the Colorado Governmental Immunity Act of 4424-10-101 et. seq. as applicable now or hereafter amended. 22. Partial Invalidity of Agreement If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs,sentences,clauses, or phrases might be declared to be unconstitutional or invalid. 23. Improprieties/Conflict of Interest No officer,member or employee of weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. The Appearance of Conflict of Interest applies to the relationship of a Contractor with the Department when the Contractor also maintains a relationship with a third party and the two relationship are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor know that the two relationships are in opposition. During the term of the Agreement, Contractor shall not enter into any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, Contractor shall submit to the Department, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for the Department's termination,for cause,of its Agreement with the Contractor. Contractor certifies that Federal appropriated funds have not been paid or will be paid,by or on behalf of Contractor,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, 9 Bid No. B1400069 amendment,or modification of an Federal contract, loan,grant,or cooperative agreement. 24. Storages Availability and Retention of Records Contractor agrees that authorized local, Federal,and State auditors and representatives shall,during business hours, have access to inspect and copy records,and shall be allowed to monitor and review through on-site visits,all activities related to this Agreement,supported with funds under this Agreement, to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. All such records,documents,communications, and other materials created pursuant or related to this Agreement shall be maintained by the Contractor in a central location and shall be made available to the Department upon its request,for a period of seven(7)years from the date of final payment under this Agreement,or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the Federal and/or State government has begun but is not completed at the end of the seven (7)year period, or if audit findings have not been resolved after a seven(7) period,the materials shall be retained until the resolution of the audit finding. 25. Confidentiality of Records Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Agreement except for purposes directly connected with the administration of Child Protection. No information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with the Contractor's written policy governing access to, duplication and dissemination of,all such information, in any form,including social networks. Contractor shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Contractor shall have its employees,agents,and subcontractors,if any, sign a written confidentiality agreement and shall provide a copy of such agreement to the Department, if requested. 26. Proprietary Information Proprietary information for the purposes of this Agreement is information relating to a party's research, development,trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1)lawfully obtained from third parties, (2)that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the Department's site by the Contractor in the course of providing services 10 Bid No. B1400069 under this Agreement will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 27. Independence of Contractor: Not an Employee of Weld County Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of this Agreement. 28. Entire Agreement This Agreement,together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as state in Paragraph 14 herein. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives,and assigns. The Contractor and the Department may not assign any of its rights or obligations hereunder without the prior consent of both parties. 29. Agreement Nonexclusive This Agreement does not guarantee any work nor does it create an exclusive agreement for services. 30. Warranty. The Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. The Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement including Exhibits A, B, C, and D. 31. Acceptance of Services Not a Waiver. Upon completion of the work, the Contractor shall submit to Department originals of all tests and results, reports, etc., generated during completion of this work. Acceptance by Department of reports and incidental material(s) furnished under this Agreement shall not in any way relieve the Contractor of responsibility for the quality and accuracy of the services. In no event shall any action by the Department hereunder constitute or be construed to be a waiver by the Department of any breach of covenant or default which may then exist on the part of the Contractor, and the Department's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to the Department with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the Department of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the Department's rights under this Agreement or under the law generally. 11 Bid No. B1400069 32. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et sea. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. The Contractor has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree with the performance of the Contractor's services and the Contractor, shall not employ any person having such known interests. During the term of this Agreement, the Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of the Contractor nor any member of the Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to the Contractor. 33. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado. 34. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 35. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 12 Bid No. B1400069 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month,and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board Douglas Rademacher,Chair By: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney WELD COUNTY DEPARTMENT «CONTRACTOR1» OF HUMAN SERVICES By: By: Judy A.Griego, Director «SigFName» «SigLName», «Title» 13 Bid No. 81400069 EXHIBIT A REQUEST FOR PROPOSAL Bid No. 81400069 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES DATE: 03/05/2014 PAGES 1-4 OF THIS REQUEST FOR PROPOSAL CONTAIN GENERAL INFORMATION. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-4 MAY BE APPLICABLE. SPECIFICATIONS UNIQUE TO THIS REQUEST FOR PROPOSAL FOLLOW PAGE 4. NOTICE TO BIDDERS A. The Families, Youth and Children's Commission, on behalf of the Weld County Department of Human Services, by and through the Board of Weld County Commissioners, wishes to purchase the following: VARIOUS SERVICES (AS DESCRIBED ON PAGES 12-14) B. Bids for the stated services will be received by the Weld County Department of Human Services, Resource Unit, Attn: Tobi Vegter at vegterta@weldgov.com or P.O. Box A, 315 A North 11th Avenue, Greeley, CO 80631, through: WEDNESDAY, MARCH 21, AT 5:00 P.M. (WELD COUNTY DEPARTMENT OF HUMAN SERVICES, RESOURCE UNIT TIME CLOCK). II. INVITATION TO BID A. The Families, Youth and Children's Commission, on behalf of the Weld County Department of Human Services, by and through the board of Weld County Commissioners requests bids for the purchase of Various Services (as described on pages 12-14). B. Bids shall include any and all charges for service(s) applied for by the bidder, and shall, in every way, be the total net price which the bidder will expect the Board of County Commissioners of Weld County to pay if awarded the bid. C. Emailed Bids Are Preferred. Emailed (fully typed) bids are preferred. However, if the bidder is unable to submit an emailed bid, the bidder must comply with the requirements set forth in Paragraph II D below. An emailed bid must contain the following statement: "I hereby waive my right to a sealed bid." D. Unless the Bid is emailed, one original and one copy of the Bid must be submitted. One complete bid document, which will be the only official copy of the bid, shall be filed at the Weld County Department of Human Services, Service 14 Bid No. 81400069 Utilization Unit. After certification of the bid, the other copy will be routed for applicable review. An e-mail confirmation will be sent when we receive your bid/proposal. III. INSTRUCTIONS TO BIDDERS A. Bids shall be typewritten. Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the partners of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in this matter. Bids submitted by limited liability companies must furnish the full names of all members and managers and must be signed by a manager or by an authorized representative, followed by the signature and title of the person signing. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. B. Bids may be withdrawn upon written request to the Weld County Department of Human Services received from bidders prior to the submission deadline. Negligence on the part of bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidder's risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Department of Human Services, Service Utilization Unit, on or prior to the time indicated in Section I., entitled "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. 15 Bid No. 61400069 G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, the Board of County Commissioners of Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that the Board of County Commissioners of Weld County will give preference to suppliers from the State of Colorado, in accordance with Section 30-11-110, CRS, when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. J. Substitutions or modifications to any of the terms, conditions, or specifications of this bid package which are made by Weld County, Colorado, after the bids have been distributed to prospective bidders, and prior to the date and time of bid opening, will be made in writing and signed by the Families, Youth and Children's Commission. No employee of Weld County, Colorado, is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of Families, Youth and Children's Commission. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. K. The successful bidder shall indemnify and hold harmless Weld County, Colorado, against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. L. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 16 Bid No. B1400069 Except where exempted by federal law and except as provided in C.R.S. 24-76.5- 103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5- 103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of a Contract. M. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. N. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Families, Youth and Children Commission, the Weld County Department of Human Services, or the Board of Weld County Commissioners, for the premature opening of a bid not properly addressed and identified. O. In submitting the bid, the bidder agrees that the acceptance of any and all bids by the Board of County Commissioners of Weld County within a reasonable time or period does not constitute a contract. The Board of County Commissioners of Weld County, Colorado, reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid, or part of a bid, that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. P. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. Q. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of the Weld County Department of Human Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. IV. General Specifications. 17 Bid No. B1400069 A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. C. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. D. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. E. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. F. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of 18 Bid No. B1400069 action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Insurance Requirements. i. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. ii. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: (a). Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. 19 Bid No. B1400069 (b). Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; * $2,000,000 general aggregate; * $2,000,000 products and completed operations aggregate; * $50,000 any one fire; and * $500,000 errors and omissions. (c). Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. (d). Additional Provisions: * Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: * If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; * Unlimited defense costs in excess of policy limits; * Contractual liability covering the indemnification provisions of this Agreement; * A severability of interests provision; * Waiver of exclusion for lawsuits by one insured against another; * A provision that coverage is primary; and * A provision that coverage is non-contributory with other coverage or self- insurance provided by County. (e). For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. iii. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and 20 Bid No. B1400069 company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. iv. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this information to its insurance agent or broker, and shall have its agent or broker provide proof of Contractor/Contract Professional's required insurance on www.lns-Cert.com and link the information to County. County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. v. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. vi. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. vii. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. V. Warranty. The successful bidder shall warrant that: A. The services to be supplied pursuant to this bid are fit and sufficient for the purpose intended; B. The services sold to Weld County, Colorado pursuant to this bid conform to the minimum Weld County specifications as established herein. 21 Bid No. B1400069 Project Overview: The Weld County Department of Human Services (WCDHS) is seeking various services. Service areas include, but are not limited to, Anger Management/Domestic Violence, Day Treatment, Foster Parent Consultation, Foster Parent Training, Functional Family Therapy, Home Studies/Relinquishment Counseling, Life Skills, Mediation, Mental Health, Monitored Sobriety, Multi-Systemic Therapy, Home Based Intensive Services, Sexual Abuse Treatment, and Substance Abuse Treatment Services and Aftercare Services. Refer to pages 12-14 for specific definitions related to the above-mentioned service areas. Qualifications: To be considered, a bidder must meet the following minimum qualifications: 1) A bidder must submit a completed Provider Information Form. 2) A bidder must submit a one page or less cover letter that introduces the bidder, the bidder's location(s) of practice and target area, his or her experience and qualifications, and staff. 1) A bidder must submit sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 3) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice that does not directly address the requirements set forth in this Request for Proposal. 4) A bidder must demonstrate the knowledge, training and expertise to conduct the proposed service(s). 5) A bidder must provide a current resume, as well as proof of licensure, for self and staff members. Additionally, a bidder must include proof of inclusion on State vendor lists if applicable to the proposed service (ex. Home Study Providers, Sex Offender Management Board Providers). 6) A bidder must demonstrate familiarity with Trauma Informed Care. Bidder must provide copies of applicable training certificates, or proof of registration for training, for all staff members who manage and/or administer services under this proposal. 22 Bid No. B1400069 7) A bidder must demonstrate prior and current capacity to be organized, responsive and to quickly and successfully schedule services as requested. 8) A bidder must agree to enter into a contract, attached as Exhibit A, with the Weld County Department of Human Services and comply with all requirements of the contract. Contract Period and Pricing: 1) The initial contract period shall commence on June 1, 2014, through May 31, 2015, so long as both parties are satisfied. The selected vendor(s) will have the opportunity to resubmit annually. 2) The initial contract will be funded through Core Services Program or Child Welfare Administration funding, so long as funding is made available. 3) The selected vendor will bill the Weld County Department of Human Services monthly according to billing requirements set forth by the Weld County Department of Human Services. Submittal Requirements for All Proposals: A bidder must submit according to requirements set forth in this Request for Proposal. All proposals must contain the following specific information: 2) Completed Provider Information Form with original signature of authorized representative. 3) One page or less cover letter that introduces the bidder, the bidder's location(s) of practice, his or her experience and qualifications, and staff. 4) Sufficient information concerning each proposed service for Weld County to evaluate whether or not the bidder meets "minimum qualifications" for all bidders. Each service must be submitted as its own proposal, inclusive of scope of services and rate information. 5) Bidders should avoid elaborate artwork, graphics, binding, presentation or other artifice that does not directly address the requirements set forth in this Request for Proposal. 23 Bid No. B1400069 6) Current resume, proof of licensure and copies of applicable training certificates for all staff members who will manage and/or administer services under this proposal. 7) All proposals must demonstrate the bidder has the ability to deliver the services as proposed, and comply with the specific requirements set forth by the Weld County Department of Human Services. 8) All proposals must include a clear and concise rate schedule that accurately correlates to the proposed services and is inclusive of all possible charges related to the proposed service(s). The rate schedule must demonstrate an exact fee for the described service (s). Approximate rates or a range of rates for a service will not be accepted. 9) Each bidder must submit a Standard Certificate of Insurance, or letter of intent from an insurance company authorized to do business in the State of Colorado stating its willingness to insure the bidder pursuant to the terms of this Request for Proposal. Evaluation of Proposals: All proposals that meet the basic proposal, service and qualification requirements will be reviewed by the Families, Youth and Children (FYC) Commission. The FYC Commission will make recommendations to the Board of Weld County Commissioners by and through the Weld County Department of Human Services. The Weld County Department of Human Services will make its award of contract to the successful bidders upon final approval of the Board of Weld County Commissioners. 24 Bid No. B1400069 SERVICE AREA DEFINITIONS o:ram Area v Aftercare Services Services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out- of-home placement of the child. Anger Management/Domestic Violence Diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning and relationships, and to prevent further domestic violence. Day Treatment Comprehensive, highly structured services that provide education to children and therapy to children and their families. Foster Parent Consultation Services provided to foster and group home families caring for WCDSS children and youth in their homes to enhance and improve the quality of care being provided. Foster Parent Training Core training for new Weld County foster parents. Functional Family Therapy Intensive family-based treatment that addresses the pervasive patterns of relational dysfunction known to be determinants of conduct disorder, violent acting out, and substance abuse among youth 10-18 years old. Home-Based Intervention Services provided primarily in the home of the client that include a variety of services which can include therapeutic services, concrete services, collateral services and *crisis intervention directed to meet the needs of the child and family. *Crisis Intervention is defined as 24/7 phone access and in-home counseling. 25 Bid No. B1400069 Program Are: �, , riti j Homes Studies/Relinquishment Counseling Home studies and home study updates per the standardized SAFE home study tool for the purpose of adoption, foster care, and expedited permanency planning. Relinquishment counseling for parents considering relinquishment of their children. Life Skills Visitation (both in-home and in-office) and services provided primarily in the home that teach household management, effective access to community resources, parenting techniques and family conflict management. Mediation/Intensive Family Therapy Therapeutic intervention typically with all family members to improve family communication, functioning and relationships. Mental Health Services Diagnostic and/or therapeutic services to assist in the development of family services plan, to assess and/or improve family communication, functioning and relationships. Multisystemic Therapy Intensive family- and community-based treatment program designed to make positive changes in the various social systems (home, school, community, peer relations) that contribute to the serious antisocial behaviors of children and adolescents who are at risk for out-of-home placement. Sex Abuse Treatment Therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetrations, and to prevent further sexual abuse and victimization. 26 Bid No. B1400069 Prog rea Deftn'itn 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, and relationships, and functioning p , to prevent further abuse of drugs or alcohol. 27 Bid No. B1400069 EXHIBIT B SCOPE OF SERVICE 1. Contractor understands that the Department will not reimburse Contractor for"no shows"or cancelled appointments,either on the part of the client or the Contractor. 2. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations,Court Staffings,Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department,Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length,the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 3. Contractor will make at least three (3)attempts to contact the client and set up services. The first attempt will occur within 24 hours of receiving the referral (excluding weekends and holidays). Contractor will document efforts to engage client in referred services. If after three(3) attempts the client does not respond the Contractor will notify the caseworker and the Child Welfare Contract and Services Coordinator immediately. 28 Bid No. B1400069 EXHIBIT C CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 29 Bid No. B1400069 EXHBIIT D PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specified in Paragraph 2,below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department in Trails after May 31, 2015. Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Agreement,whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the Department,the Department may immediately terminate the Agreement or amend it accordingly. 2. Fees for Services «Rate Schedule» Contractor may not attempt to collect co-pays and/or fees for services for which a Department client is responsible, but which a particular client refuses or fails to pay. Contractor will collect any applicable sliding scale co-pays and credit the Department for any payment received on the monthly billing. 3. Submittal of Vouchers Contractor shall prepare and submit monthly an itemized voucher,and signed monthly report if applicable,certifying that services authorized were provided on the date(s) indicated and the charges made were pursuant to the terms and conditions of Paragraph 3 and Exhibit A. th Contractor shall submit all monthly billings and applicable reports to the Department by the 7 day of the month following the month the cost was incurred. Failure to submit by the aforementioned deadline may result in forfeiture of payment. a. For ongoing services, proof of services rendered shall be a Client Verification Form signed b y the client and a monthly report submitted in accordance with Paragraph 3(d)of this Agreement. b. For one-time services, proof of services rendered shall be receipt of the completed product. c. For Monitored Sobriety services,proof of services rendered shall be the test result. 30 CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL 1 Weld DSS Bid Proposal 2 March 27, 2013 3 4 Scope of Service 5 6 1. General description of Contractor, including target population, area(s) served, 7 and program area being proposed. 8 The contractor is a Licensed Psychologist in Greeley, Colorado providing services in 9 Greeley, at the South County Office, PVYSC, and at various group homes or RTCs. 10 When a referral is made the client must call April, the appointment secretary, at 970- 11 381-1474 to make the initial appointment. 12 13 Diagnostic and/or therapeutic services are provided to assist in the development of 14 family services plan, to assess and/or improve family communication, functioning 15 and relationships. The contractor is very knowledgeable about the effects of trauma 16 on children and individuals of all ages. The contractor has attended numerous hours 17 of training and has provided training to departments of social services in Yuma, 18 Logan, Adams and Broomfield counties. The examiner has provided training to 19 foster parents in Weld County regarding neurological development in young children 20 vis-à-vis trauma and adverse childhood experiences. 21 22 2. Type of service, brief description and rate for each proposed service. 23 Description of service should include any assessment tools or specific practices 24 used in the provision of that service. 25 26 • Psychological Evaluations (Adult—In Office) 27 Evaluations utilize a multimodal approach specific to the client's needs 28 using a variety of standardized personality tests (i.e., MMPI-2, MCMI-3, 29 BHI -2), intelligence tests (i.e., WAIS-III, GAMA), substance abuse 30 screens (i.e., Urine or Saliva Samples), non-standardized tools (i.e., Life 31 History Questionnaire, Children's History Questionnaire), clinical 32 interviews, mental status examination, and review of collateral references. 33 A comprehensive written report is produced. To avoid excessive costs a 34 unit price, rather than an hourly cost, is charged. If the evaluation is not 35 completed, or for some reason is less comprehensive, a discounted amount 36 is billed at $183.75 per hour. 37 38 Unit Price: $1492.00 39 Incomplete Eval: $186.50/hr 40 41 • Psychological Evaluations (Adolescent—In Office) 42 Evaluations utilize a multimodal approach specific to the client's needs 43 using a variety of standardized personality tests (i.e., MMPI-A, MCMI-A, 44 Scale for Adolescent Psychopathology, Suicide/Anxiety/Depression 45 Inventories), intelligence tests (i.e., WAIS-III, WISC-III, GAMA), 46 substance abuse screens (i.e., Urine or Saliva Samples), non-standardized Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 tools (Life History Questionnaire, Children's History Questionnaire), 2 clinical interviews, mental status examination, and review of collateral 3 references. A comprehensive written report is produced. To avoid 4 excessive costs a unit price, rather than an hourly cost, is charged. If the 5 evaluation is not completed, or for some reason is less comprehensive, a 6 discounted amount is billed at $183.75 per hour. 7 8 Unit Price: $1492.00 9 Incomplete Eval: $186.50/hr 10 11 • Psychological Evaluations (Adult/Adolescent—In Group Home, RTC, or 12 Correctional Facility) 13 Utilizes same methods as listed above. 14 15 Unit Price: $1807.00 16 Incomplete Eval: $186.50/hr 17 18 • Parental Fitness Evaluations 19 This technique utilizes a structured interview and rating scale to be 20 completed by the examiner and the caseworker supervisor. The 21 caseworker observes the interview and completes a rating scale. The 22 interview utilizes a "Job Testing" assessment approach to help determine a 23 parent's knowledge, skills, motivation, and capacity to effectively parent. 24 A brief report is produced. 25 26 Unit Price: $1015.00 27 28 • Individual Therapy 29 Individual Therapy with client to address specific identified areas of 30 trauma or conflict. A combination of insight oriented therapy techniques 31 with behavioral objectives is applied on an individual specific basis. A 32 $60.00 travel surcharge is added if services are provided outside of the 33 office. 34 35 Hourly Charge: $122.00 36 37 • Family Therapy 38 Therapy with couples, adults, children or any combination thereof to 39 address specific identified areas of trauma or conflict. A combination of 40 insight oriented therapy techniques with behavioral objectives is applied 41 on a situation specific basis. A $60.00 travel surcharge is added if 42 services are provided outside of the office. 43 44 Hourly Charge: $122.00 45 46 Page 2 of 12 Bid Proposal Jack J.Gardner,l'sy.D. Greeley Counseling Center • Crisis Intervention Services (Emergency After Hours) 2 Therapy with couples, adults, children or any combination thereof to 3 address specific urgent situations. Crisis intervention techniques with 4 behavioral objectives are applied on a situation specific basis. A $60.00 5 travel surcharge is added if services are provided outside of the office. 6 7 Hourly Charge: $163.00 8 9 Interactional Evaluations 10 Observations of parents and children to determine parenting capacities, 11 strengths, needs, and attachment. A $60.00 travel surcharge is added if 12 services are provided outside of the city of Greeley. 13 14 Hourly Charge: $171.00 15 16 • Court Testimony 17 Hourly Charge: $183.00 18 19 • Court Facilitation, Mediation, or Staffing 20 Hourly Charge: S122.00 21 22 • Consultation 23 Consultation can be provided on an individual case specific basis or as 24 part of training (See below). Individual or family consultations may 25 involve meetings with the clients, caseworkers, foster parents, attorneys or 26 other parties to clarify treatment needs, diagnosis, and prognosis. The 27 goal is better understanding of the client's needs and expediting the 28 client's healing process. A brief report or letter may be produced. 29 30 Hourly Charge: $142.00 31 32 • Training 33 T provide training on a wide variety of topics (See attached Syllabus from 34 Logan County). 35 The goals included: 36 • Better utilization of money allocated for psychological services; 37 • Getting the client involved in a treatment process very early in the 38 intervention; 39 • Development of a thorough treatment plan; 40 • Monitor efficacy of interventions 41 • Build a good data set for any court related purposes. 42 43 Unit Price: 81800.00 per day. 44 $950.00 per half day 45 46 Page 3 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center • Foster Parent Training/Consultation 2 For Existing Training Programs $180.00 per hour 3 For New Training Programs $220.00 per hour 4 5 • Recommendations/Treatment Interventions 6 All reports and communication with caseworkers and the court take into 7 consideration the guidelines outlined in EXHIBIT D provided to the 8 bidders. The safety of children, maintenance of children in their homes 9 whenever possible, and improvement in parent's capacities to care for 10 their children, guide recommendations and interventions. 1I Page 4 of 12 Bid Proposal Jack J.Gardner,Psy.D, Greeley Counseling Center TRAINING SYLLABUS (Sample) 2 Logan County DSS 3 4 5 The following subjects will be considered for persons through the life span (child, 6 adolescent, adult, geriatric). 7 8 9 10:00 - 1:00 10 �e ylue 11 Gram candepmeht raw the&fe Q rw 12 13 1:15 - 5:00 14 1. Ethics/Dual Relationships, Disclosure 15 2. Referral Questions 16 3. Presentation Outlines 17 4. Assessment Strategies 18 5. Mental Status Examination 19 6. Relevant Background 20 i. Family History (Genogram, LHQ) 21 ii. Developmental Time Lines 22 iii. Children's History Questionnaire 23 24 Case Consultation 25 Criteria for selecting cases 26 27 28 29 10:00 - 1:00 30 cecnac 31 034-'eVriliL¢ive C 9ehanter Vhne the fir'fe O4,un 32 33 34 1:15 -3:00 35 1. Modeling of Interview and Time Line 36 2. Supervised Practice with Interview and Time Line 37 38 3:00 - 5:00 39 Case Consultation 40 41 42 43 44 Page 5 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 10:00 - 1:00 2 &Catmc 3 awing° irordorr Thu S c&rfc OSmn 4 5 1:15 -3:00 6 Video Taped Practice with Interview and Time Line 7 8 3:00- 5:00 9 Case Consultation 10 11 12 10:00 - 1:00 13 £atmc 14 cYCbnnal rr Almormal 05ental o`ichaviar ZVnu the&fe OSpmt 15 16 L15 -2:00 17 Reliability and Validity 18 2:00-3:00 19 Video Taped Practice with Interview and Time Line 20 3:00- 5:00 21 Case Consultation 22 23 24 10:00- 1:00 25 Ct tum 26 of nchaurenr OSprrdromc c)p Wroap 27 28 1:15 - 2:00 29 Reliability and Validity 30 2:00 - 3:00 31 Video Taped Practice with Interview and Time Line 32 3:00 - 5:00 33 Case Consultation 34 35 36 10:00- 1:00 37 ettmc 38 eVaal oarordn V/au the&&OSpvr 39 40 1:15 -2:00 41 Short Self Report Personality Inventories 42 Beck Scales 43 MMPI, MCMI-III, PAI 44 2:00 - 3:00 45 Video Taped Practice with Interview and Time Line 46 3:00 - 5:00 Page 6 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 Case Consultation 2 3 4 10:00 — 1:00 5 cccnne 6 Attachment a&c ondmg Thu u the aC99 O23frtn 7 8 1:15 -2:00 9 IQ Tests 10 GAMA 11 Wechsler's 12 2:00—3:00 13 Video Taped Practice with Interview and Time Line 14 3:00 — 5:00 15 Case Consultation 16 17 18 10:00 - 1:00 19 �aimc 20 Atareretat and arid Gtrestvzc 21 22 1:15 —2:00 23 Achievement Testing and Learning Styles 24 WRAT, TABE 25 LSI 26 2:00 — 3:00 27 Video Taped Practice with Interview and Time Line 28 3:00— 5:00 29 Case Consultation 30 31 32 10:00— 1:00 33 altar 34 o' ow der treatment hep of teratering Change 35 36 1:15 —2:00 37 Adaptive Functioning 38 ICAP 39 2:00 — 3:00 40 Video Taped Practice with Interview and Time Line 41 42 10:00— 1:00 43 Ca7m'e 44 Aer oarordar'r hru the&rfe O25/un 45 46 1:15 -2:00 Page 7 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling(:enter 1 Treatment Planning 2 Treatment Efficacy 3 Monitoring Treatment Effects 4 2:00 - 3:00 5 Video Taped Practice with Interview and Time Line 6 3:00 - 5:00 7 Case Consultation 8 9 10 10:00 - 1:00 11 Ccrtmc 12 Ath c9Q9 oaserdar Vim the tele 0.3jan 13 14 L15 -3:30 I5 Case Consultation 16 3:30-5:00 17 Video Taped Practice with Interview, Time Line, and tests 18 19 20 10:00 - 1:00 21 z-i-n.aima 22 OfremaliAleaiar M?irerdea'Chu the&..lee OSjan 23 @SubstanceAhura caterers Virtu the&le O rris 24 25 1:15 - 3:30 26 Case Consultation 27 3:30 - 5:00 28 Video Taped Practice with Interview, Time Line, and tests 29 30 31 Other possible Lecture topics: 32 33 '&rardar comma*.rear in children 34 Artaahma¢ 35 d0?a,/Ax` 03 36 ©0 37 Ct-'kaa&v 38 CMG 39 OSaheel W'lwbia 40 Anzietp ° rr lets 41 capraion 42 Pages of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 Consultation Outline 2 Morgan County DSS 3 4 5 Purpose of Consultation 6 1. To better utilize the Department's budget for psychological services and to 7 upgrade staff's professional understanding of interventions for clients. 8 2. Staff will learn how to complete a mental status examination and gather 9 sufficient information to present a case for consultation. 10 3. Ongoing consultation one day a month to review cases with the aim to: 11 a. Identify client needs early in the case and determine whether to aid 12 the client in house, refer to the local mental health center or other 13 treatment facility, refer for a medication evaluation, or use a 14 combination of these modalities. 15 b. Review the purpose and capabilities of various forms of evaluation. 16 Determine if a full psychological evaluation or an interactional 17 evaluation is necessary or would be helpful to the client or treatment 18 program. 19 c. Institute intervention early in the case, determine methods of change, 20 and collect information on efficacy of efforts. 21 d. Provide consistent monitoring of success, or lack of success, of 22 interventions. 23 e. Observe for either positive or negative worker/client transference. 24 f. Utilize the above strategies to decrease or prevent burn out common 25 among workers with a very difficult population. 26 g. Part of each consultation would be a brief training about specific 27 diagnostic or treatment issues. 28 4. Training in administration of certain tests. 29 30 Topics to be covered: 31 7. Ethics/Dual Relationships, Disclosure 32 8. Referral Questions 33 9. Presentation Outlines 34 10. Assessment Strategies 35 11. Mental Status Examination 36 12. Relevant Background 37 i. Family History (Genogram, LHQ) 38 ii. Developmental Time Lines 39 iii. Children's History Questionnaire 40 41 Case Consultation 42 Criteria for selecting cases 43 44 45 46 47 Introductions, academic training, clinical background. Page 9 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 2 Modalities of Training 3 I. Modeling (SEE ONE) 4 • Initially work in teams of two 5 • Select cases for Consultation 6 • Instructor will work with one student to do an interview; students will observe via 1-way 7 mirror 8 • Meet after interview to deconstruct the process, arrive at conclusions & plan the next 9 steps. 10 • Teach administration of tests 11 12 II. Practice (DO ONE) 13 • A two student team will interview clients or families 14 • Instructor and other students will observe via the one way mirror 15 • Student Team will have 15 minutes to prepare presentation 16 • Present Case to instructor and peers 17 • Deconstruct process, provide feed back, & plan the next steps 18 • If appropriate, review any progress made by the client/worker. 19 • Observe administration of tests 20 21 III. Provide Guidance for Peers (TEACH ONE) 22 • One student team will provide feed back to the participating team 23 • Instructor and other students will observe feed back and provide input 24 • Discuss test results and inferences 25 26 27 Ethics/Dual Relationships 28 What are the current ethical standards in use by the department? 29 Confidentiality 30 Disclosure 31 Dual Relationship 32 Duty to Warn/Report 33 34 Page 10 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 Workshops Recently Provided 2 3 1/18/13 Weld DHS Training: Sexual Abuse/Sexual Play; Munchausen by Proxy; Self-Mutilation 4 5 3/6/13 Yuma Co. DHS Training: Axis I & Human Sexuality 6 7 3/26/13 Child Safe Training @ GPD: Normal/Abnormal Sexual Play; How Children Report Sexual 8 Abuse. (Contractor has provided expert testimony re: this issue for the DA in Morgan county and 9 is scheduled for testimony in hearings in Logan County and Eagle County.) 10 1 I 4/18/13 OCR Domestic Relations Conference, w/Judge Lowenbach (Ret.) - Making Life & Death 12 Decisions in a Fast Paced World: Challenges to Fairness 13 14 5/2/13 Adams County Training - BONDING/ATTACHMENT (session 1); MINIMALLY 15 COMPETENT PARENT (session 2) 16 17 5/29/13 Yuma Co.: Children's Disclosure of Sexual Abuse (AM segment); Axis I Disorders (PM 18 segment) 19 20 7/12/13 Logan Co.: Children's Disclosure of Sexual Abuse(AM segment); Minimally Competent 21 Parent (PM segment) 22 23 12/3/13 Logan Co. DHS, w/Judge Lowenbach (Ret.) - Making Life& Death Decisions in a Fast 24 Paced World: Challenges to Fairness 25 26 2/11/14 Weld Co. foster parents: Challenging Behavior in Foster Children 27 28 3/11/14 Logan, Co. DHS; How to Stay Sane dealing with the Personality Disordered parent 29 30 31 32 33 34 Page 11 of 12 Bid Proposal Jack J.Gardner,Psy.D. Greeley Counseling Center 1 Workshops Recently Attended 2 3 3/22/13 Children Who Resist Post-Separation Contact with a Parent: A Differential Approach for 4 Legal and Mental Health Professionals; Nicolas Bala, B.A.; J.D., LL.M.; Barbara Jo Fidler, Ph.D., 5 C.Psych., Acc.FM 6 7 10/4/14 On being the young child in a 50/50 era. Research and Developmental 8 Perspectives on Shared Parenting after Separation; Jennifer McIntosh, La Trobe University, 9 Australia 10 11 2/18 & 2/19/2014 Integrative Treatment of Complex Trauma for Adolescents; Cheryl 12 Lanktree & John Briere. 13 14 2/28/14 Should Attachment be a Determinative Factory in Custody Decisions; Pamela S. 15 Ludolph. 16 17 18 Page 12 of 12 Jack J. Gardner, Psy.D. 1228 8th Street Greeley, CO 80631 (970) 356-8482 GCC@DrjackG.Corn Education 9/82-12/86 Psy.D. Counseling Psychology. The University of Northern Colorado, Greeley, Colorado. 1/75-5/78 M.A. Guidance and Counseling. The University of New Mexico, Albuquerque, New Mexico. 1/73-7/73 B.A. Psychology. The University of New Mexico, Albuquerque, New Mexico. 8/72-12/72 Lubbock Christian College, Lubbock, Texas. 8/69-8/72 New Mexico Highlands University, Las Vegas, New Mexico. Undergraduate Major: Psychology; Minor: Public Speaking Employment and Experiences 1/07- Treasurer/Board Member—Colorado Association of Family and Conciliation Courts 8/94 Consultant: Judicial Department, State of Colorado. Sex Offender Trainer for Probation Officers. Program consultant to devise model sex offender treatment program. 10/94 Consultant: Sex Offender Treatment Board; assisted in development of assessment standards for sex offenders. 7/92- 8/01 Consultant :Island Grove Alcohol Treatment Facility; Domestic Violence Program and Sex Offender Tx Program. 7/91 Intensive Supervised Probation Board Weld County, CO. 7/91 Trainer National Institute of Corrections: Treatment of Adolescent Sex Offenders 7/89- Private Practice. Greeley, Colorado. 10/88-8/92 Consultant Psychologist. District 6 Schools. 10/88- State Wide Task Force. "Forensic Mental Health in Rural Colorado." Denver, Colorado. 9/88 Adjunct Faculty. University of Northern Colorado, Greeley, Colorado. 5/88-9/90 Therapist. Weld Mental Health Center, Greeley, Colorado. 9/87-4/88 Clinical Psychologist II. New Mexico State Hospital, Las Vegas, New Mexico. Psychologist on multidisciplinary team. 10/86-9/87 Clinical Psychologist II. New Mexico Boys School, Springer, New Mexico. Coordinator of Sexual Offender Treatment Program. 10/85-10/86 Doctoral Psychology Internship. Federal Correctional Institution, Lexington, Kentucky. Evaluation and Treatment of female offenders. 9/85 Consultant. Federal Correctional Institution, Lexington, Kentucky. Drug and Alcohol Counseling groups. 1/84-8/85 Private Practice (part-time). Greeley, Colorado. Individuals, step-families, couples, sexual disorders, peer review, and consultation. 3/83-7/85 Employee Assistance Counselor. PAR Programs Inc., Denver, Colorado. Assessment of drug and alcohol problems, marital and family counseling, stress management training, corporate supervisory training. 10/83-5/84 Consultant. Alpha House, a community corrections program for adult male offenders, Denver, Colorado. Group counseling with convicts and staff consultation. 5/84-8/85 Advisory Boards. "Developing a Needs Assessment for the Implementation of a Children's Center at the Weld County Jail" and "Familial Attitudes of the Incarcerated Parent." Department of Vocational Teacher Education, University of Northern Colorado. Spring 83 Planning and Budget Committee. College of Education, University of Northern Colorado. 1/81-9/83 Task Force: "To Establish a Secure Residential Treatment Facility for the Violent Juvenile Offender." Albuquerque. 12/80-8/82 Clinical Psychologist II. New Mexico Boy's School, Springer, New Mexico. Court and parole board ordered evaluations, expert witness, group treatment with adolescent sex offenders, psychological testing, research, individual and group counseling, staff consultation, design, implementation/supervision, and placement of mentally disordered offenders. 10/79-12/80 Clinical Psychologist I. New Mexico Boy' School. Duties were same as above. 7/80 & 11/80 Guest Lecturer. New Mexico Highlands University. "Treatment of the Mentally III Juvenile Delinquent." 1/79-10/79 Clinical Psychologist I. New Mexico State Hospital. Individual and group treatment of mentally retarded (50% time)and chronic schizophrenic (40% time), Teacher/Trainer for attendants and psychiatric technicians in use of behavioral techniques. Design and implement ward milieu treatment programs. Expert witness in commitment hearings. 7/79-8/79 Teacher/Consultant. Luna Vocational-Technical School. Taught Psychiatric Technician Course: "Behavioral Techniques with the Mentally Retarded." Supervised on-site student practicum at New Mexico State Hospital. Page 2 of 6 10/76-1/79 Social Worker III. New Mexico State Hospital, Children's Psychiatric Unit. Design and implementation of token economy system, group and individual treatment, social histories. 12/73-10/76 Caseworker. Bernalillo County Mental Health center, Inpatient Unit, Albuquerque, New Mexico. Treatment team leader, group treatment, assessment and diagnosis. 3/73-8/73 Attendant I. New Mexico State Hospital. Custodial care of female patients on a locked ward token economy. Specialized Training I have attended approximately 2000 hours of seminars and training in hypnosis, family therapy, divorce/custody evaluations, forensic psychology, Attention Deficit Disorder, brief psychotherapy, therapy for abuse victims, sex offender treatment ,and emergency medical treatment. Honors and Activities 7/89 Licensed as Psychologist in Colorado -#1326 Scholarships 1984 Doctoral Fellowship, University of Northern Colorado. 1982 Doctoral Fellowship, University of Northern Colorado. 1969-1970 Speech Activity Award, New Mexico Highlands University. Page 3 of 6 Professional Organizations Psi Chi National Registry of Health Service Providers in Psychology American Psychological Association Colorado Psychological Association Colorado Association of Family and Conciliation Courts (Board Member/Treasurer) Voluntary Organizations Attention Deficit Disorder Advocacy Group: Professional Advisor for local Attention Deficit Disorder Support Group Colorado Association of Family and Conciliation Courts Publications "Attitudes About Rape Among Inmates and Correctional Officers," Published Doctoral Dissertation. "Alcohol Use Patterns of Incarcerated Delinquent Adolescents." Unpublished paper, September 1984. "Gardner Structured Forensic Interview": Unpublished instrument, June, 1990. "Gardner Sex Offender Discharge Criteria: Unpublished Instrument, October 1990" Honors NMHU Deans List three quarters. UNM Deans List one semester. NMHU inter-collegiate debate team for three quarters. Two speech awards: extemporaneous speaking and oratory. Presentations 3/11/14 How to Stay Sane dealing with the Personality Disordered Parent for Logan, County, DHS 2/14 Weld Co. Foster Parent Training: Dealing with Children's Challenging Behaviors 12/13 Bias in Decision Making; Seminar for Logan County, DHS 7/13 Attachment Disorder: Seminar for Logan County DHS. 7/13 Minimally Competent Parent: Seminar for Logan County DHS. 5/13 Attachment Disorder: Seminar for Adams/Broomfield Counties DHS. 5/13 Minimally Competent Parent: Seminar for Adams/Broomfield Counties DHS. 4/13 Axis 1 Development; Factors Effecting Children's Disclosure of Sexual Abuse: All day Seminar for Yuma County DHS. 3/13 Sexual Abuse or Sexual Play?; Factors Effecting Children's Disclosure of Sexual Abuse: 3 hour Seminar for Weld County Inter-disciplinary Sexual Abuse Team. Page 4of6 3/13 Brain Development; Axis ii Development; Sexual Abuse or Sexual Play?: All day Seminar for Yuma County DHS. 1/13 Sexual Abuse or Sexual Play?; Munchausen by Proxy; Self-Mutilation: All day Seminar for Weld County DHS. 9/12 Domestic Violence as Child Abuse; Effects on Neural Development: All day Seminar for Adams/Broomfield Counties DHS. 11/12 Differentiating Sexual Abuse from Sexual Play in Children; Self-Mutilation; Munchausen by Proxy: All day Seminar for Adams/Broomfield Counties DHS. 5/12 Science and the Child Welfare System: Aligning Practice With Science — 3rd Colorado Summit on Children, Youth & Families; Keystone, CO 5/12 Axis II Disorders: Development/Treatment; Sterling, CO 4/12 Childhood Development of Children Exposed to Trauma; Sterling, CO 12/11 Bias in Decision Making; Greeley, CO 10/11 Bias in Decision Making; Greeley, CO— United Way Volunteers 9/11 Bias in Decision Making; Denver, CO —CASA Conference 9/11 Bias in Decision Making; Centennial, CO—Court Clerk/Probation Supervisors 8/11 Bias in Decision Making; Loveland, CO 4/11 Implicit Bias; Denver, CO 2/11 Assessment Issues; Greeley, CO 1/11 Attachment& Bonding; Greeley, CO. 12/10 New Judge Training: Bias in Decision Making; Arvada, CO. 10/10 Workshop re: Bias in Decision Making; Delivered at American Judges Association, Denver, CO. 4/10 Workshop re: Bias in Decision Making; Delivered at Best Practices Meet the Community Colorado Drug Court Summit, Denver, CO. 4/09 Workshop re: Bias in Decision Making; Delivered at AFCC Conference, Sturm College Law, Denver, CO. 12/07—7/09 Monthly training seminars for Departments of Social Services in Sterling and Ft. Morgan, Colorado covering a variety of clinical topics. 10/08 Workshop re: Neurological Effects of Domestic Violence in Children, Delivered for Colorado Works, Vail, CO. 7/08 Workshop re: Bias in Decision Making; Delivered at Weld County Training Center, Greeley, CO. 5/08 Workshop re: Bias in Decision Making; Delivered at Child Welfare Conference, Keystone, CO. Page 5 of 6 10/95- "Treatment of Sex Offenders," Week-long workshop for Probation Officers and Treatment Providers, Colorado Judicial System. 6/95- "Treatment of Sex Offenders," All day workshops for several groups of Probation Officers and Treatment Providers, Colorado Judicial System. 1/93- "Treatment of Sex Offenders," All day workshops for several groups of Probation Officers and Treatment Providers, Colorado Judicial System. 7/19/91 "Ethical obligations to Adult Respondents in Child Custody Evaluations," 25th Annual Emotional Crisis Workshop, University of Northern Colorado, Summer 1991. 7/14/91 "Treatment of Adolescent Sex Offenders," National Institute of Corrections, Boulder, Colorado 11/90 "Anxiety Disorders," Public Lectures for Centennial Peaks Psychiatric Hospital. 11/87 "Issues of Adolescence," New Mexico Corrections Academy. 11/86 "The Mentally Ill Offender," Federal Correctional Institution. 12/83 "Treating the Re-Married Family," in service for clinical staff of PAR Programs, Denver, Colorado. 10/83 "Understanding and Treating the Re-Married Family,"Community Consultation Workshop, University of Northern Colorado. 3/81 "Relaxation Techniques," New Mexico Corrections Academy, Santa Fe, New Mexico. 8/80 "Mental Status Examination," an eight week seminar for classification officers and psychological counselors at New Mexico Boy's School, Springer, New Mexico. References available on request. Page 6 of 6 STATE OF COLORADO Department of Regulatory Agencies Division of Professions and Occupations Active PRINTED ON SECURE PAPE PSY PSY.0001326 09101/2013 06/312015 Number Issue Date Expire Date Jack Joseph Gardner Greeley CO 80631 Division Director TT�//ppp/ Signature • PY-14-15-CORE-0139 EXHIBIT C SCOPE OF SERVICES 1. CONTRACTOR will provide Mental Health Services to individuals and/or families referred by the Department,at 1228 8'h Street, in Greeley, CO,unless otherwise arranged.Services include the following: a. Psychological Evaluations(Adult or Adolescent)—Evaluations utilize a multimodal approach specific to the client's needs using a variety of standardized personality tests(i.e., MMPI, MCMI), intelligence tests(i.e.,WAIS-III,GAMA),substance abuse screens(i.e., urine or saliva samples), non-standardized tools(i.e.,Life History Questionnaire,Children's History Questionnaire),clinical interviews, mental status examination,and review of collateral references. b. Parental Fitness Evaluations—Evaluations utilize a structured interview and rating scale to be completed by the examiner and the caseworker supervisor. The caseworker observes the interview and completes a rating scale. The interview utilizes a "job testing" assessment approach to help determine a parent's knowledge, skills, motivation, and capacity to effectively parent. c. Interactional Evaluations—Evaluation utilizes observation of parents and children to determine parenting capacities, strengths, needs,and attachment. d. Individual/Family Therapy—Therapy services are provided to address specific identified areas of trauma and/or conflict with individuals,families,couples and/or children. A combination of insight oriented therapy techniques with behavioral objectives is applied on a situation-specific basis. e. Crisis Intervention Services—Therapy services for adults,and/or children to address specific urgent situations. Crisis intervention techniques with behavioral objectives are applied on a situation-specific basis. f. Consultation—Consultation is available on a case-specific basis and is available to clarify treatment needs, diagnosis and prognosis,and better understand client needs. If requested,a brief report will be produced. 2. Services will only be provided by Jack J. Gardner, Psy.D. 2. Referred individual or family will be instructed to contact the Contractor's office to schedule initial services. 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. 3. 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. 4. 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. 1 PY-14-15-CORE-0139 S. 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. 6. 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. 7. 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. 8. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations,Court Staffings, Family Team Meetings and/or Team Decision Making meetings. Upon receipt of an invitation from the Department,Contractor must contact the Child Welfare Contract and Services Coordinator to request approval to bill for participation if Contractor wishes to be reimbursed. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length,the Contractor requests approval to bill in advance of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. 2 PY-14-15-CORE-0139 EXHIBIT D PAYMENT SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specified in Paragraph 2, below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department in Trails after May 31, 2015. Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Agreement,whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds,or any part thereof, become unavailable as determined by the Department,the Department may immediately terminate the Agreement or amend it accordingly. 2. Fees for Services $1,492.00/Episode(Psychological Evaluation—Adult or Adolescent, In-Office) $1.807.00/Episode(Psychological Evaluation—Adult or Adolescent, Out-of-Office) $1,015.00/Episode(Parental Fitness Evaluation) $186.50/Hour(Partial Evaluation) $171.00/Hour(Interactional Evaluation) $142.00/Hour(Case Consultation) $122.00/Hour(Individual Therapy) $122.00/Hour(Family Therapy) $122.00/Hour(Court Facilitation/Court Staffing/Family Team Meeting/Team Decision Making Meeting) $60.00/Episode(Travel Surcharge) 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. 1 PY-14-15-CORE-0139 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 DARWIN NATIONAL ASSURANCE COMPANY OOMPANY 2/13/14 - A Psychologists ' T LAIMS MADE POLICY PLEASE Liability *** RENEWAL *** ' NOTICE:A LOWER LIMIT OF LIABILITY APPLIES TO JUDGMENTS OR SETTLEMENTS WHEN THERE ARE ALLEGATIONS OF SEXUAL MISCONDUCT(SEE THE SPECIAL PROVISION"SEXUAL MISCONDUCT"IN THE POLICY). DECLARATIONS POLICY NO: 5011-2674 ACCOUNT NO: CO-GREE631-0 0314607C ITEM I. (a)NAME AND ADDRESS OF INSURED: ITEM I. (b)ADDITIONAL NAMED INSUREDS: JACK J. GARDNER, PSY.D. GREELEY COUNSELING CENTER, PC 1228 8TH ST GREELEY, CO 80631 TYPE OFORG: PROFESSIONAL CORPORATION ITEM 2. ADDITIONAL INSUREDS: BOULDER COUNTY RISK MANAGEMENT DIVISION P.O. BOX 471 BOULDER, CO 80306 / / 04/01/15 ITEM 3. POLICY PERIOD: 1:0IA.M. STANDARD OME AT THE ADDRESS OF THE INSURED SS STATED HEREIN: ITEM 4. LIMITS OF LIABILITY: (a)$ 1, 000 , 000 EACH WRONGFUL ACT OR SERIES OF CONTINUOUS,REPEATED OR INTERRELATED WRONGFUL ACTS OR OCCURRENCE (b)$ 5 , 000 COSTS RELATED TO ANY SINGLE PROCEEDING (c)$ 3 , 0 0 0, 0 0 0 AGGREGATE,FOR ALL CLAIMS AND ALL PROCEEDINGS ITEM S. PREMIUM SCHEDULE: CLASSIFICATION NUMBER RATE I ANNUAL PREMIUM 1ST PSYCHOLOGIST 1 1191 . 00 1, 191 . 00 INDEPENDENT CONTRACTORS 1 14 . 00 14 . 00 DEFENSE LIMIT . 00 ADDITIONAL INSUREDS 1 50 . 00 ITEM6. RETROACTIVE DATE: 04/01/92 TOTAL PREMIUM: 1, 135 . 00 ITEM 7. EXTENDED REPORTING PERIOD ADDITIONAL PREMIUM(if exercised):$ 1, 986 . 00 SCHEDULED RATING CREDIT INCLUDED ITEM 8. POLICY FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY PRGE2000 (3/2006) PRGe1070 (1/2006) THIS IS NOT A BILL.PREMIUM HAS BEEN PAID. AUT RIZED COMPANY REPRESENTATIVE nncc_nnc__none . - - - - - --.. Hello