HomeMy WebLinkAbout20143264.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH
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 North
Range Behavioral Health, commencing July 1, 2014, and ending June 30, 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 North Range Behavioral Health 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 22nd day of October, A.D., 2014, nunc pro tunc July 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
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Date of signature 430
2014-3264
HR0085
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1/4�`e MEMORANDUM
I C DATE: October 16, 2014
V2Iii
co_Y NTH
TO: Douglas Rademacher, Chair, Board of County o issioners
FROM: Judy A. Griego, Director Human e vi es I 170
RE: Year Two (2) of the Colorado C unity Respons Program
Partnership— Child Protection Agreement for Services between
the Weld County Department of Human Services and North
Range Behavioral Health
Enclosed for Board approval is Year Two (2) of the Colorado Community Response Program
Partnership — Child Protection Agreement for Services between the Department and North Range
Behavioral Health. This Child Protection Agreement was reviewed under the Board's Pass-
Around Memorandum dated July 15, 2014, and approved for placement on the Board's Agenda.
The Department in partnership with North Range Behavioral Health will provide comprehensive
voluntary services for families by partnering with families in the early stages of child maltreatment risk.
The Department will provide intensive coordination of community based supports (case management,
financial decision making, social capital opportunities, and flex funding) based on services for family
primarily in their homes.
The term of this Agreement shall be July 1, 2014 through June 30, 2015. Funding is at the rate of
$75.00 per hour.
If you have any questions, please telephone me at extension 6510.
2014-3264
PY-14-15-CORE-0138
CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND NORTH RANGE BEHAVIORAL HEALTH
This Agreement, made and entered into the lay of U J 1/'/, 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 North Range Behavioral Health, 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,Colorado Community Response Statement of Work, Exhibit B,Scope of
Service, and Exhibit C, 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 Workforce Development and Infant/Early Childhood Mental Health Consultation;and
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This agreement shall become effective on July 1, 2014 upon proper execution of this Agreement and shall
expire June 30,2015 unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for services in compliance with
Exhibit A,Weld County's Request for Proposal,and Exhibit B, Scope of Services.
3. Referrals, Billing and Tracking
a. Contractor understands and will comply with all aspects of the referral authorization,billing and
tracking requirements as set forth by the Department. Failure to comply with all aspects may result
in a forfeiture of payment.
b. Contractor agrees to receive referrals for services through e-mail and will provide an identified e-mail
address prior to the start of this Agreement. Contractor acknowledges that services are not
authorized until the Contractor has received an authorized referral form from the Department.
Contractor further acknowledges that services provided prior to the authorized start date or outside
the scope of services on the referral form will not be eligible for reimbursement.
approved
acknowledges that any and all modifications to an existing referral must be
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through the Department's Resource Manager,Child Welfare Contract and Services Coordinator,or
through a Team Decision Making(TDM)meeting or Family Team Meeting(FTM). No other
Department staff or other party to the case may authorize services or modifications to services.
c. Contractor agrees to submit an itemized complete billing statement by the 7th of the month,
following the month of service, utilizing billing forms required by the Department.
d. Contractor agrees to submit a monthly report with the billing statement by the 7th of the month
following the month of service for each client receiving ongoing services. One-time services will be
verified through receipt of the completed product(ex. psychological evaluation,substance abuse
evaluation). Verification of Monitored Sobriety Services will be the test result.
Contractor will document in detail any and all observed or verbalized concerns regarding any child
whom the Contractor is working with under the Agreement. Areas of concern may include, but are
not limited to, any physical, emotional,educational or behavioral issues. Areas of concern should be
reported immediately to the caseworker AND on the required monthly report.
Department's online reporting system, unless
Monthly reports will be submitted through the De a p g Y o Y P g P
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
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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 licable standards,regulations,interpretations and/or
e
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
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- 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.
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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.
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Contractor shall provide the liability insurances(including professional liability insurances where
necessary)and worker's compensation insurances for all its employees,volunteers, and agents engaged
in the performance of this Agreement which are required under Weld County's Request for Proposal, and
required by the Colorado Worker's Compensation Act. Contractor shall provide the Department with the
acceptable evidence that such coverage is in effect within seven (7)days of the date of this Agreement.
At a minimum, Contractor shall procure,either personally or through its employer as applicable to the
Contractor's business, at its own expense,and maintain for the duration of the work,the following
insurance coverage. Weld County,State of Colorado, by and through the Board of County Commissioners
of Weld County, its employees and agents,shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements: Contractors/Contract Professionals must secure,at or before the time of
execution of any agreement or commencement of any work,the following insurance covering all
operations,goods or services provided pursuant to this request. Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of
the Agreement,or any extension thereof,during any warranty period, and for three(3)years
after termination of the Agreement.The required insurance shall be underwritten by an insurer
licensed to do business in Colorado and rated by A.M. Best Company as"A"VIII or better. Each
policy shall contain a valid provision or endorsement stating"Should any of the above-described
policies by canceled or should any coverage be reduced before the expiration date thereof,the
issuing company shall send written notice to the Weld County Director of General Services by
certified mail, return receipt requested.Such written notice shall be sent thirty(30)days prior to
such cancellation or reduction unless due to non-payment of premiums for which notice shall be
sent ten (10)days prior. If any policy is in excess of a deductible or self-insured retention,County
must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall
be responsible for the payment of any deductible or self-insured retention. County reserves the
right to require Contractor/Contract Professional to provide a bond,at no cost to County, in the
amount of the deductible or self-insured retention to guarantee payment of claims.The insurance
coverages specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Contractor/Contract Professional.Contractor/Contract
Professional shall maintain,at its own expense,any additional kinds or amounts of insurance that
it may deem necessary to cover its obligations and liabilities under this Agreement.
b. Types of Insurance: Contractor/Contract Professional shall obtain,and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
i. Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of Contractor's Contract Professional's employees acting within
the course and scope of their employment. If Contractor is an Independent Contractor,
as defined by the Colorado Worker's Compensation Act,this requirement shall not apply.
Contractor must submit to the Department a Declaration of Independent Contractor
Status Form prior to the start of this agreement.
ii. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent,covering premises operations,fire damage, independent Contractors,
products and completed operations,blanket contractual liability, personal injury, and
advertising liability with minimum limits as follows:
- $1,000,000 each occurrence;
- $2,000,000 general aggregate;
- $50,000 any one fire; and
- $500,000 errors and omissions.
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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.
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A provider of Professional Services 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.
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15. Remedies
The Director of Human Services or designee may exercise the following remedial actions should s/he find
the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial
failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by
the Contractor. These remedial actions are as follows:
- Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed.
- Deny payment or recover reimbursement for those services or deliverables,which have not
been performed and which due to circumstances caused by the Contractor cannot be
performed or if performed would be of no value to the Department. Denial of the amount
of payment shall be reasonably related to the amount of work or deliverables lost to the
Department.
- Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation shall
be recovered from Contractor by deduction from subsequent payments under this
Agreement or other agreements between the Department and Contractor,or by the
Department as a debt due to the Department or otherwise as provided by law.
16. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives
of the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s).
For Department: For Contractor:
Heather Walker,Administrator Larry D. Pottorff, Executive Director
17. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to
the individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent.
For Department: For Contractor:
Judy A.Griego, Director Larry D. Pottorff, Executive Director
P.O. Box A 1300 North 17th Avenue
Greeley,CO 80632 Greeley, CO 80631
1970) 352-1551 (970)347-2373
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.
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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§524-10-101 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
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when the Contractor also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest, it is not necessary for the
Contractor to gain from knowledge of these opposing interests. It is only necessary that the Contractor
know that the two relationships are in opposition. During the term of the Agreement, Contractor shall
not enter into any third party relationship that gives the appearance of creating a conflict of interest.
Upon learning of an existing appearance of a conflict of interest situation,Contractor shall submit to the
Department,a full disclosure statement setting forth the details that create the appearance of a conflict
of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute
grounds for the Department's termination,for cause,of its Agreement with the Contractor.
Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of
Contractor,to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,the making of any
Federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,
amendment,or modification of an Federal contract, loan,grant,or cooperative agreement.
24. Storage,Availability and Retention of Records
Contractor agrees that authorized local, Federal,and State auditors and representatives shall,during
business hours,have access to inspect and copy records,and shall be allowed to monitor and review
through on-site visits,all activities related to this Agreement,supported with funds under this Agreement,
to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
All such records,documents,communications,and other materials created pursuant or related to this
Agreement shall be maintained by the Contractor in a central location and shall be made available to the
Department upon its request,for a period of seven (7)years from the date of final payment under this
Agreement, or for such further period as may be necessary to resolve any matters which may be pending,
or until an audit has been completed with the following qualifications: If an audit by or on behalf of the
Federal and/or State government has begun but is not completed at the end of the seven (7)year period,
or if audit findings have not been resolved after a seven(7) period,the materials shall be retained until
the resolution of the audit finding.
25. Confidentiality of Records
Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Agreement except for purposes directly connected with the
administration of Child Protection. No information about or obtained from any applicant/recipient in
possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian unless in accordance with the Contractor's written policy governing access to,
duplication and dissemination of,all such information, in any form, including social networks. Contractor
shall advise its employees,agents,and subcontractor, if any,that they are subject to these confidentiality
requirements.
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PV-14-15-CORE-0138
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.
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31. Acceptance of Services Not a Waiver
Upon completion of the work,the Contractor shall submit to Department originals of all tests and results,
reports,etc.,generated during completion of this work.Acceptance by Department of reports and
incidental material(s)furnished under this Agreement shall not in any way relieve the Contractor of
responsibility for the quality and accuracy of the services. In no event shall any action by the Department
hereunder constitute or be construed to be a waiver by the Department of any breach of covenant or
default which may then exist on the part of the Contractor,and the Department's action or inaction when
any such breach or default shall exist shall not impair or prejudice any right or remedy available to the
Department with respect to such breach or default; and no assent,expressed or implied,to any breach of
any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a
waiver of any other breach.Acceptance by the Department of,or payment for,any services performed
under this Agreement shall not be construed as a waiver of any of the Department's rights under this
Agreement or under the law generally.
32. Employee Financial Interest/Conflict of Interest.C.R.S.§§24-18-201 et seq.and §24-50-507
The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.The Contractor has no interest and shall not acquire any interest direct or indirect,which
would in any manner or degree with the performance of the Contractor's services and the Contractor,
shall not employ any person having such known interests. During the term of this Agreement,the
Contractor shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of its
obligations under this Agreement. Failure by the Contractor to ensure compliance with this provision may
result, in the Department's sole discretion, in immediate termination of this Agreement. No employee of
the Contractor nor any member of the Contractor's family shall serve on a County Board,committee or
hold any such position which either by rule, practice or action nominates, recommends,supervises
Contract Professional's operations,or authorizes funding to the Contractor.
33. Board of County Commissioners of Weld County Approval
This Agreement shall not be valid until it has been approved by the Board of County Commissioners of
Weld County,Colorado.
34. Choice of Law/Jurisdiction
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated
herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the
event of a legal dispute between the parties, Contract Professional agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
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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.
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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
� � -eip.�, WELD COUNTY,COLORADO
1 �
Weld County Clerk to the Board CA-c.
Douglas Ra macher,Chair OCT 2 2 2014 1 ?Asa By:
De•uty Clerk to the •ar• -,
.Vup •�
1861 MO 1/42r�
AP ED AS TO FORM: . r' (��'l'{� "�'��PROVED AS TO FUNDING:
County Attorney Controller
WELD COUNTY DEPARTMENT NORTH RANGE BEHAVIORAL HEALTH
OF HUMANS RVICES
By '�,J By: .Cf
J A.Griego Director Larry D. ttorff, Executive ctor
15
EXHIBIT A
STATEMENT OF WORK
To Original Contract Routing Number ** *** ********
Weld County Department of Human Services
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
I. Project Description(Description of Colorado Community Response program):
\\cid Counh Department of Homan Services in partnership with North Rapue Behavioral I-leahh
shall provide comprehensive voluntary services for families reported to child protective services but screened out
and/or closed after initial assessment; shall increase enrolled families' protective capacities by promoting
individual, family, and community strengths;and shall address the link between poverty and child maltreatment by
connecting enrolled families to vital economic and other support services. By partnering with families in the early
stages of child maltreatment risk, a broader and richer child abuse prevention service continuum will be
established for Colorado. AAcld Counts Department of I luman Services shall provide intensive coordination of
community based supports (case management, financial decision making, social capital opportunities, and flex
funding) based on family identified goals primarily provided in families' own homes, or other locations
convenient for the individual family.
II. Definitions(Explanation of acronyms):
CCR=Colorado Community Response
DIIIIS=Department of Health and Iluman Services
(CM: Comnw n it) Case Manager
III. Performance(Work Plan and Requirements):
I. The Contractor's performance shall comply with Exhibits A, B, C, and D of the contract. Exhibit A is this
Statement of Work (SOW), Exhibit B is the Contractor's Budget and Budget Narrative, Exhibit C H/PAA
Business Associate Addendum,and Exhibit D is the Option Letter.
2. The Contractor shall act in a fiduciary capacity as the fiscal agent, whose duties include but are not limited
to the following:
a. Ensure the completion of duties, by itself or through subcontracts, as described in the SOW. The
Contractor shall ensure that any service provided by any service provider (subcontractors) in the
targeted area complies with the SOW.
b. Gather data and provide bi-annual reports to the State regarding the attainment of the SOW goals
and objectives, account for funds going to each served population and final financial and
narrative reports detailing the amounts of funds obligated and liquidated. These reports and
database information must be submitted by June 30,2014,for the first six months of operations.
c. Provide qualified staff to coordinate and oversee the appropriate and lawful obligation and
expenditure of CCR funds, receiving and distributing funds, keeping records, and auditing
procedures of sub-contractors.Set up a separate account for the State CCR funds.
d. As fiscal agent, disburse funds hereunder in compliance with State requirements to
agencies/individuals providing CCR services.
e. Notify the State in writing of any anticipated or actual deviations from the agreed upon timeline,
or deviations within the SOW.Such deviations shall require the prior written approval of the State
through the amendment format as provided by the State.
f Respond to and gather appropriate data for the State evaluation of CCR as determined by the
external evaluator.
g. Maintain confidentiality of records.
h. Agree that any and all work products, which are the result of this contract(in whole or part), will
be the property of the State. Any product of this contract which is distributed to the public or made
Page I oft
Exhibit A-Statement of Work
CCR—November 2013
EXHIBIT A
available to the public must prominently acknowledge the use of CCR funds through the Colorado
Department of Human Services;Division of Community and Family Support.
i. Ensure participation with the State staff, as requested, to allow for open discussions of progress,
problems encountered and problem solutions both at local and state level of operations.
j. Ensure participation with the other CCR sites in aspects of the ongoing technical assistance
provided by the State, specifically; but not limited to, monthly peer conference calls, Annual
training,and semi-annual Grantee Meetings.
k. Ensure participants are informed of the short-term nature of benefits and ensure participants are
not financially harmed by this program.
I. Participate in infant/early mental health activities and training to move towards Endorsement for
Culturally Sensitive, Relationship-Focused Practice Promoting Infant Mental Health (IMH-E®)
as recognized by Colorado Infant Mental Health Association.
IV. Monitoring:
CDHS's monitoring of this contract for compliance with performance requirements will be conducted throughout
the contract period by the Colorado Community Response Project Manager at CDHS. Methods used will include
a review of documentation determined by CDHS to be reflective of performance to include progress reports and
other fiscal and programmatic documentation as applicable.
V. Resolution of Non-Compliance:
The Contractor will be notified in writing within 30 calendar days of discovery of a compliance issue. Within 45
calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the
action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The
action(s)and time line for completion will be documented in writing and agreed to by both parties. If extenuating
circumstances arise that requires an extension to the time line,the Contractor must email a request to the Colorado
Community Response Project Manager and receive approval for a new due date. The State will oversee the
completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the
Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may
exercise its rights under the provisions of this contract.
VI. Term and Renewal:
The State may require continued performance for a period of one year for any services at the rates and terms
specified in the contract. The State may exercise the option by providing written notice to the Contractor within 30
days prior to the end of the current term in a form substantially equivalent to Exhibit D. If the State exercises this
option, the extended contract will be considered to include this option provision. The total duration of this
contract, including the exercise of any options under this clause shall not exceed three years. Notwithstanding the
state contract term,the Contractor shall have a continued obligation to provide the final report stated in Paragraph
111.2.6 and Activity 1.6 of this Exhibit A.
Page 2 oft
Exhibit A-Statement of Work
CCR—November 2013
Option Letter Contractor Budget
Applicant Name: Weld County Department of Human Services Budget Period: July 1,2014-June 30,2015
PERSONNEL EXPENSES
Percent
of Actual Additional
Gross or Time
Personnel Services Annual FringeResources Amount
uestetl
(FTE)on from CDHS
Salary -
Purchase
se (not
Order rewired)
Description of Work
Position Title/Employee (for hourly employees,please include
Name the hourly rate and number of hours
• in your description)
Community Case Manager Provide case management and 4,200/mo. 1,550/mo. 100% $0.00 $69,000.00
education to families referred to them
Family Engagement Provide facilitation to all families within 4,100/mo. 800/mo. 87% $0.00 $50,962.00
Facilitator the grant
$0.00 $0.00
$0.00 $0.00
Total Personal Services $119,962.00
(including fringe benefits)
SUPPLIES 8,OPERATING EXPENSES
Additional
Resources Amount Requested
Item Description of Item Rate
(not from CDHS
rewired)
Printing/Copying $0.00
Postage/Shipping $0.00
Phone/Fax/Internet $0.00
Supplies $0.00
Meeting $0.00
Other(Please list below by item) $0.00
Certification Course-
National Financial Education Council Certified Financial $297.00
Planner-Ongoing
Certification
Total Supplies $297.00
&Operating Expenses
TRAVEL
Item Description of Item Rate Quantity Amount Requested
from CDHS
Average 350 Miles
Mileage-Other Travel-Training/Home Visits $0.545/Mile 4255 $2,319.00
per Month
Lodging $0.00
Meals during Training
Meals $23 per Day 14Days $322.00
and Home Visits
$0.00
Total Travel $2,641.00
OTHER COSTS
Amount Requested
Item Description of Item Rate Quantity
from CDHS
Equipment $0.00
Flex Funds($5,000 required in first year and$10,000 $10,000.00
required in second year)
Other(Please detail each item) $0.00
$0.00
Total Other Costs 810,000.00
CONTRACTUAL(payments to third parties or entities)
Amount Requested
Item Description of Item Rate Quantity
from CDHS
Consulting $0.00
Consulting-Training Quarterly:Skills and Reflective North Range $75/Hour 20 $1,500.00
Training-Infant/Early Mental Health North Range $75/Hour 208 $15,600.00
$0.00
Total Contractual $17,100.00
SUB-TOTAL BEFORE INDIRECT $150,000.00
INDIRECT
Amount Requested
Item Description of Item from CDHS
Indirect(other): Please list specific indirect costs in $0.00
description-NOT TO EXCEED 15%of Total Personnel.
Total Indirect $0.00
TOTAL AMOUNT REQUESTED FROM CDHS $150,000.00
PV-14-15-CORE-0138
EXHIBIT B
SCOPE OF SERVICES
Contractor's Role:
1. Contractor, in partnership with the Weld County Department of Human Services,will provide
comprehensive voluntary services for families reported to child protective services but screen out
and/or closed after initial assessment,and as referred by the Department.
2. Services shall:
a. increase referred families' protective capacities by promoting individual, family,and
community strengths; and
b. shall address the link between poverty and child maltreatment by connecting referred
families to vital economic and other supportive resources.
3. Contractor will provide 20 hours of workforce development trainings in infant and early mental
health practices, including support related to Endorsement for Culturally Sensitive, Relationship-
Focused Practice Promoting Infant Mental Health(IMH-E®)as recognized by the Colorado Infant
Mental Health Association. Trainings will include:
a. Introduction to Infant Early Mental Health
b. Research related to Children's Mental Health
c. Toxic Stress/ACES
d. Introduction to Infant Mental Endorsement
e. Infant Mental Health Portfolio Preparation
f. Reflective Practice: Ghosts in the Nursery
g. Reflective Practice: Angels in the Nursery
h. Diagnostic Classification Birth to Three(DC:0-3R)
i. Diagnostic Classification Birth to Three(DC:0-3R—Case Study)
j. Developmental Screening Tools
k. Reflective Supervision
4. Contractor will provide 208 hours of Infant/Early Childhood Mental Health consultation for referred
families as needed and for community case managers an average of four(4) hours per week for 52
weeks. Consultation may include joint home visits for the purpose of mentoring community case
managers and providing for the assessment of mental health needs.
Department's Role:
1. The Department, in partnership with the Contractor, and as the fiscal agent,will ensure that services
provided by the Contractor comply with all aspects of the funding source, in conjunction with the
Colorado Community Response Statement of Work, herein attached as Exhibit A.
2. The Department shall refer families reported to child protective services but screened out and/or
closed after initial assessment.
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3. The Department shall provide intensive coordination of community-based supports(case
management,financial decision making,social capital opportunities, and flex funding) based on
families' identified goals. Supports shall be provided primarily in the families' homes,or other
locations convenient for the individual family.
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P Y-14-15-CORE-0138
EXHIBIT C
PAYMENT SCHEDULE
1. Funding and Method of Payment
The Department agrees to reimburse the Contractor in consideration of the work and services performed
under this Agreement at the rate specified in Paragraph 2,below. The total amount to be paid to the
Contractor during the term of this Agreement shall be reported by the Department after May 31,2015.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department
expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Agreement,whether in whole or in part, is subject to and contingent upon the
continuing availability of said funds for the purposes hereof. In the event that said funds,or any part
thereof, become unavailable as determined by the Department,the Department may immediately
terminate the Agreement or amend it accordingly.
2. Fees for Services
$75.00/Hour(Workforce Development Trainings. Infant/Early Childhood Mental Health Consultation.)
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.
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