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Home My WebLink About20120490.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CORNELL CORRECTIONS OF TEXAS, INC., OPERATING THE HECTOR GARZA 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 Purchase of Services Agreement 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 Cornell Corrections of Texas, Inc., operating the Hector Garza Center, commencing February 2, 2012, and ending August 31, 2012, 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 Purchase of Services Agreement 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 Cornell Corrections of Texas, Inc., operating the Hector Garza 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 22nd day of February, A.D., 2012, nunc pro tunc February 2, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: _ Sean P. C w y, Chair C Weld County Clerk to the Board asit♦ William / . Gar a, Pro-Te BY: Vii"— Si N. Deputes y CljFk to the Boar" •;V �1 ,i •` `ip rbara Kirkmeyer APPR ED A FORM:�r. j N�'J*, • `-• David E. Long �I rn Attorney L2 ` a bra �A 4✓x, e Dou as Radem her Date of signature: -3-R-/-/O, t Viet bSu vT `p a a • I off- 2012-0490 HR0083 MEMORANDUM DATE: February 17, 2012 I 1 ! r TO: Sean Conway, Chair, Board of County Com 'sss, ners v _cou�?Yl �/l�L� �ki FR: Judy A. Griego, Director, Huma` rvice J RE: Purchase of Services Agreement between the Weld County Department of Human Services and Cornell Corrections of Texas, Inc., Operating the Hector Garza Center Enclosed for Board approval is a Purchase of Services Agreement between the Department and Cornell Corrections of Texas, Inc., Operating the Hector Garza Center. This Agreement was reviewed under the Board's Pass-Around Memorandum dated February 9, 2012, and approved for placement on the Board's Agenda. Cornell Corrections of Texas, Inc., will provide residential care and treatment services to youth that are under the jurisdiction of the Department. The term of this Agreement is February 2, 2012 through August 31, 2012, at a daily rate of $242.85. If you have any questions, please give me a call at extension 6510. 2012-0490 Abraxas a GOO Group Company PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this Zl day of \4b'rk,'1,2012 between Weld County DHS, (hereinafter referred to as the"AGENCY")whose Address and Phone number is PO AO X A U1/l'B/Py (f 9Q'03cc , Phone number:1.976 350? -1567 and Cornell Corrections of Texas,Inc..,doing business at 2840 Liberty Ave.,Suite 300,Pittsburgh,PA 15222, operating the Hector Garza Center located at 620 East Afton Oaks Boulevard,San Antonio,TX 78232,a provider of residential care services(hereinafter referred to as the"PROVIDER"). WITNESSETH WHEREAS,PROVIDER is engaged in furnishing residential care and treatment services to youth that are under the jurisdiction of the AGENCY. WHEREAS,the AGENCY wishes to purchase services from the PROVIDER. NOW,THEREFORE,in consideration of the mutual undertakings and agreement hereinafter set forth,the AGENCY and PROVIDER agree as follows: I. GENERAL PROVISIONS A. This agreement is subject to all applicable provisions of State and Federal law and regulations related to the provision,delivery and funding of child residential treatment services to children and youth. B. Subject to the terms and conditions set forth in this Agreement,the AGENCY agrees to purchase,and the PROVIDER agrees to furnish,appropriately licensed residential care and treatment for youth who are under the jurisdiction of the AGENCY. C. This Agreement shall be effective from February 2,2012 to August 31,2012. Both inclusive,unless otherwise terminated. II. REFERRAL INFORMATION AND PLACEMENT A. The PROVIDER shall determine whether or not the child shall be accepted for service. In order to determine acceptability for service,the AGENCY shall provide to the PROVIDER a Referral Packet,which shall include an interstate compact(if applicable), court history,previous placement history,a social summary,psychiatric/psychological records,educational records and a medical history. Page 1 of 8 6/4.77-CL/9c Abraxas a $00 Group Company The AGENCY and PROVIDER shall mutually develop a Child Service Plan for services from which the AGENCY shall provide a Comprehensive Goal Plan outlining its goals for each child's placement,estimated length of stay,anticipated post placement plans,and treatment objectives, including family involvement when appropriate. B. When the PROVIDER indicates willingness to consider the child for placement,the AGENCY shall cooperate with the PROVIDER in arranging a pre-placement visit and/or conference. The participants may include,but not be limited to,the child,parent or guardian,and AGENCY Caseworker or Probation Officer. All parties shall mutually develop a written plan to determine responsibilities and define services to be provided by the PROVIDER and/or AGENCY. C. When the AGENCY receives official notice of acceptance from the PROVIDER,the AGENCY shall provide the PROVIDER with all insurance information,medical,physical examination,medical/dental consents,a valid court order,a social security card,a birth certificate,information regarding church affiliation,and any other pertinent information as determined by the PROVIDER prior to or upon the date of placement. D. The AGENCY shall assist the PROVIDER,when necessary,to provide each child a home for vacations,holidays and at other designated times during the child's placement. In all cases,unless specifically stated in writing,the PROVIDER shall retain responsibility for the child. For such visits prior notification to the AGENCY is required. E. In the event of an emergency or shelter placement,all available records,reports,summaries and any other pertinent information required by the PROVIDER shall be provided by the AGENCY within the maximum of 10 working days of the date of acceptance. F. The Child Service Plan,consistent with the requirements of regulation shall be jointly developed by the AGENCY and PROVIDER within 30 calendar days of the date of placement. III. CLOTHING A. At the time of placement and at the time of discharge,an inventory shall be made of the child's clothing. Such inventory shall be the basis for determining the liability of the PROVIDER and the AGENCY for the cost of the child's clothing. B. It is the responsibility of the PROVIDER to maintain appropriate clothing for the child during the time of placement and to insure that the child has available at the time of discharge the equivalency in clothing as the initial clothing provided by the AGENCY. C. If for some reason the child's clothing does not leave the AGENCY with the child at the point of discharge,it shall be the responsibility of the AGENCY to make arrangements for picking up the child's clothing within 10 working days. During that period of time,the PROVIDER is responsible for insuring the availability of such clothing to the AGENCY. Page 2 of 8 Abraxas a GOO Group Company IV. PROCEDURE FOR SECURING MEDICAL AND DENTAL SERVICES A. The AGENCY shall determine the scope and specifics of existing medical coverage for each child placed,and will instruct the PROVIDER at the time of placement as to the appropriate obtainment of medical and dental services. B. The AGENCY shall be responsible for prescription medications,medical,dental and optical care not otherwise paid for by Medical Assistance or other third party insurance coverage upon reasonable efforts of the PROVIDER. C. All prescription medications,medical,dental,and optical procedures that are not routine such as surgery,orthodontic treatment,or oral surgery shall require prior approval from the AGENCY. The PROVIDER shall submit a written estimate for any uninsured prescription medications,medical and dental expenses to the AGENCY. Unless the AGENCY objects to the expense within 5 working days of the receipt of the estimate,the AGENCY shall assume responsibility for payment. In an emergency situation,the above language requiring prior approval shall not apply; however,the PROVIDER shall bring the information regarding the emergency event to the attention of the AGENCY as soon as the circumstances practicably permit. D. In cases where it is mutually agreed that a psychological and/or psychiatric evaluation is needed,the AGENCY shall be responsible for the payment of such evaluation with its prior written approval. The PROVIDER shall use the alternative available,which will result in the lowest cost to the AGENCY. V. PROGRAMMATIC REPORTING: A. The PROVIDER shall submit to the AGENCY on at least a quarterly basis a Progress Report for each child placed pursuant to this Agreement.Such reports should,at a minimum, address the child's academic and social adjustment,and identify those special services that are being provided to assure the child's compliant behavior both during the remainder of his placement and upon his return to the home and community. B. The PROVIDER shall submit copies of any reports received relative to medical/dental examination and care which it secures for any child placed pursuant to this Agreement. C. The PROVIDER shall advise the AGENCY on the next business day following: I. The onset or discovery of any serious illness or injury of a child placed pursuant to this Agreement;or Page 3 of 8 Abraxas a see Group Company 2. A child's involvement in delinquent activity and/or a significant incident as defined by PROVIDER;or 3. A runaway episode D. The PROVIDER shall submit an Aftercare Plan prior to the projected discharge of each child placed pursuant to this Agreement.This information should include the child's most recent Individualized Educational Program and psychological and/or psychiatric evaluation results. E. When a child is actually discharged,either by plan or by PROVIDER or AGENCY request,the PROVIDER shall furnish to the AGENCY the following information: I. A complete medical report including immunizations,medications and any special medical care that has been provided for the child while in the PROVIDER'S care. 2. School transcripts and credits. 3. A discharge summary which includes a description of all significant progress, regression,and events that occurred during the placement. VI. TRANSPORTATION A. The PROVIDER shall be responsible for all other transportation costs incurred by it in fulfilling the terms of this contract,except those associated with runaway,home passes and family visitation. VII. VISIT PLANS A. Visiting plans for each child shall be arranged by the PROVIDER with notification to the AGENCY,and shall be in accordance with the child's Treatment Plan and the PROVIDER'S approved Visitation Calendar and Court Orders. B. AGENCY Caseworker/Probation Officers and approved family members are encouraged to visit children frequently. C. Appropriate arrangements shall be made with the PROVIDER prior to visits. VIII. RUNAWAY A. Definition When a child voluntarily absents himself/herself from the supervision of the PROVIDER he/she is to be considered a runaway. Page 4 of 8 Abraxas a Gee Group Company B. Notification It is the responsibility of the PROVIDER to notify all appropriate parties,including the AGENCY and police,when a child runs away. Such notice shall be given orally to the AGENCY within 24 hours to be followed by a written notice within 72 hours. It is also the responsibility of the PROVIDER to give appropriate oral and written notice,as defined above,when the child is found or returned to the PROVIDER'S physical custody. C. Discharge When a child is a runaway,the PROVIDER shall continue to provide services to the child for five(5)days from the time the child ran away unless either party notifies the other party that the child is to be considered discharged. When oral notice is given during the 5 day period that the child is to be considered discharged,the PROVIDER is no longer responsible for the child and need not accept the child back into placement. At the end of five(5)days from the initial point the child ran away,the child is to be considered discharged unless the AGENCY makes arrangements to continue the child in care. D. Cost of Transportation If the PROVIDER makes arrangements for the use of public transportation in returning a child who has run away,the AGENCY shall be responsible for transportation costs only when it has given prior approval. In situations where immediate action must be taken to protect the child,the AGENCY shall be responsible for the cost of public transportation if PROVIDER has made a good faith effort to secure approval before the child is returned. Transportation is offered to legal guardians or for client in home visits at cost. IX. OTHER UNPLANNED DISCHARGE A. In cases where discharge is requested by either party which is not pursuant to the mutually agreed upon service plan,30 days notice is required except in cases of emergency. An Emergency is defined as an acute behavior which is determined to be harmful to the child or endangers the integrity of the group in which the child functions. Whether a situation is an emergency shall be determined by the facility director of the PROVIDER. In such cases when immediate discharge is requested,the PROVIDER shall provide all reasonable services to protect the child and help the AGENCY in the discharge transition. B. In such a case,the AGENCY is responsible for transporting the child back into the AGENCY'S physical custody from the PROVIDER'S facility(or accepting the child at the AGENCY'S office,if the PROVIDER chooses to transport the child)immediately upon their decision,or immediately when the child becomes or creates such imminent risk. Page 5 of 8 Abraxas a Gera Group Company X. EXTRAORDINARY EXPENSES A. Special services needed by the child will be discussed by the PROVIDER and the AGENCY and included in the Child Service Plan where possible. The PROVIDER shall be reimbursed for the costs of these services only with prior written approval from the AGENCY. XI. PAYMENTS In consideration of the services provided by the PROVIDER under this Agreement,the AGENCY shall pay the costs of services rendered on a per diem or unit of service basis for the first and all subsequent days of care,excluding the day of discharge as follows: Hector Garza Center: Treatment,Room,Board and Supervision: $242.85 per day Billing statements of costs shall be rendered to the appropriate AGENCY by PROVIDER by the 10th working day of the month immediately following the provision of services. The AGENCY shall reimburse the PROVIDER within 30 days of the date of the invoice. The PROVIDER will receive MI Room,Board and Supervision costs during temporary absences of children due to: 1. Hospitalization; 2. Home Passes and vacations taken in accordance with the PROVIDER'S Visitation Calendar; 3. The individual Child's Treatment Plan or order of the court;and 4. RUNAWAYS not to exceed 5 consecutive days absence. XII. FINANCIAL REPORTS A. The PROVIDER shall submit to the AGENCY on an annual basis, a financial audit in accordance with generally accepted government auditing standards,prepared by a certified public accountant for all child welfare services provided pursuant to this agreement. B. In addition to the financial audit,the PROVIDER shall submit information concerning its costs in such a manner as to allow the AGENCY to maximize its receipt of federal and state funds. Page 6 of 8 Abraxas a GC)©Group Company C. The disposition of private money received by the PROVIDER is solely the responsibility of its governing body and is not subject to negotiation in the establishment of a per diem under this agreement. XIII. CONFIDENTIALITY A. The PROVIDER and AGENCY,their agents and employees shall perform their respective obligation under this agreement in such a manner as to insure that records,names and identities of persons counseled,treated or rehabilitated,including all persons formally counseled,treated or rehabilitated,shall remain confidential,except as disclosure is permitted or required by law. As between the PROVIDER and the AGENCY and their agents,all information developed pursuant to the fulfillment of the terms of this agreement shall not be considered confidential. XIV. GUARANTEE OF NON-DISCRIMINATION A. Both parties agrees that in the performance of this contract there will be no discrimination against any employee,child or other person on account of race,color,sex,religious creed, ancestry,age,natural origin,or physical or mental handicaps. XV. INSURANCE A. The PROVIDER shall provide personal liability,property liability,and workmen's compensation insurance,insuring the PROVIDER and employees who may be acting pursuant to this Agreement against any and all claims which may arise out of the PROVIDER's performance under the terms,conditions and provisions of this Agreement. XVI. HOLD HARMLESS PROVISION-INDEMNIFICATION A. It is understood that the PROVIDER is an independent contractor in respect to its performance under this Agreement,and shall assume all risks and responsibilities for losses of every description in connection with the service,which can be attributed either directly or indirectly to the PROVIDER. The PROVIDER agrees to indemnify,defend and hold harmless the AGENCY,its agents and employees for or on account of any damages or loss, including the cost of litigation or legal counsel resulting from actions of the PROVIDER in fulfilling the terms of this agreement. The PROVIDER shall not be held responsible for delay or failure to perform hereunder when such delay or failure is due to fire,flood,epidemic,strike,act of God or the public enemy,unusually severe weather which cannot reasonably be foreseen or provided against. Page 7 of 8 Abraxas a GOO Group Company XVII. MODIFICATION A. This document,and all attachments which have been incorporated by reference,contains all the terms,provisions,and conditions of this Agreement. No term or provisions may be unilaterally modified or amended. Any alternative must be reduced to writing and signed by the parties to this Agreement. Any alteration,variation,modification or waiver of a provision of this Agreement shall be valid only when reduced to writing,duly signed by parties of this Agreement,and attached to the original of the Agreement. XVIII. TERMINATION A. If either party shall fail to fulfill in a timely or proper manner its obligations under this Agreement,or if either party shall violate any of the covenants or stipulations of this Agreement,the party injured thereby shall thereupon have the right to terminate this Agreement,by giving written notice of such termination and specifying the effective date thereof,at least 30 days before the effective date of such termination. PROVIDER may terminate this agreement for any reason upon 30 days written notice to AGENCY. All contractual matters relating to the provision of the services by the PROVIDER shall, upon termination by either party,be settled within 30 days of the date of termination by rendering of a bill marked"final bill"by the PROVIDER to the AGENCY. IN WITNESS WHEREOF,the AGENCY and PROVIDER have entered into this agreement as of the day and year first written above. /1 Attested: / L' 2t /' V I I Cornell corrections of Texas, Inc. Date Jonathan P. Swatsburg, Divisional Vice President • Authorized Agency Signature _ Da e Name and Title Printed: Sean P. Conway, Chair Board of Weld County Commissioners Page 8 of 8 Hello