HomeMy WebLinkAbout20122308.tiff MEMORANDUM
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DATE: August 29, 2012
�\ � / I J�TO: Sean P. Conway, Chair, Weld County Board of Commissioners
V � N Y FROM: Judy A. Griego, Director, Department b Human$$el V/ces*�`
RE: Weld County Addendum to the Agreement to Purchase
Out-of-Home Placement Services Contracts for Out-of-
State Residential Child Care Facility Services between the
Weld County Department of Human Services and Various
Providers to be Placed on the Consent Agenda
Enclosed for Board approval are Weld County Addendums to the Agreement to Purchase
Out-of-Home Placement Services Contracts for Out-of-State Residential Child Care Facility
Services between the Department and various providers. These Addendums were reviewed
under the Board's Pass-Around Memorandum dated August 8, 2012, and approved for
placement on the Board's Consent Agenda.
Below are the major provisions of the attached Agreements:
No. Provider/Term Type of Facility/Location Daily Rate
1 Cathedral Home for Children Residential Child Care Facility $522.00
July 1, 2012—June 30, 2013 Denver, Colorado
2 Cornell Corrections of Texas, Inc., Residential Child Care Facility $242.85
DBA Hector Garza Center Denver, Colorado
July 1, 2012 —June 30, 2013
If you have any questions, give me a call at extension 6510.
2012-2308
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A
WELD COUNTY ADDENDUM
To that certain Agreement to Purchase Residential Child Care Facility
Services (the "Agreement") between Cathedral Home for Children and Weld
County Department of Human Services for the period from
July 1, 2012 through June 30, 2013.
The following provisions, made this 5 day of 2012, are added to the referenced
Agreement. Except as modified hereby, all terms of th Agreement remain unchanged.
1. County agrees to purchase and Contractor, identified as Provider ID#17961, agrees to
provide:
A. Room and Board, also considered as Child Maintenance, Administrative
Maintenance and Services, at a rate of$215.00 per day for children placed within
the Residential Child Care Facility.
B. Basic therapy at a rate of$155.00 per day for children placed within the
Residential Child Care Facility.
C. School tuition at a rate of$152.00 per day for children placed within the
Residential Child Care Facility.
These services will be for children who have been deemed eligible for social services
under the statutes, rules and regulations of the State of Colorado.
2. Section I, Paragraph 1. County considers the agreed upon rate, outlined in the Weld
County Addendum to this contract, to be all inclusive and shall not pay for additional
treatment fees, i.e. Drug/Alcohol and Sex Offender services.
3. Section I, Paragraph 2. All bed hold authorizations and payments are subject to a 3 day
maximum for a child's temporary absence from a facility, including hospitalization. Bed
hold requests must have prior written authorization from the Department Administrator
before payment will be release to provider. Reimbursement rates for bed hold days may
not exceed the state standard rate for administrative maintenance and administrative
services or may be a reduced rate that is mutually agreed upon.
4. Section I, Paragraph 4. Transportation may include, but is not limited to; visitation with
family members, medical/dental or mental health appointments, extracurricular activities,
court hearings or other specialized programming. Transportation expectations will be
documented on the Child Specific Addendum, SS23B.
5. Add Paragraph 6 to Section I. The services purchased under this Agreement as Child
Maintenance, Administrative Maintenance and Services for Residential Child Care
Facilities include, but are not limited to: Food, shelter, clothing, personal needs and
allowance, administration, administrative overhead, support staff, support overhead,
sleep-over staff, direct child care, transportation, therapeutic recreation, service delivery
staff, parent training for teens, independent living training, mentor/advocate, supervised
visitation and all other services as outlined in the Child Specific Addendum. The
anticipated minimum percentage for each item is as follows and will be subject to County
monitoring as outlined in Section VI of this contract:
A. Food, including meals and snacks (25%);
B. Clothing(3%);
1 Weld County SS-23A Addendum
C. Shelter, including utilities and use of household furnishing and equipment and
daily supervision, including those activities that a parent would normally carry out
to assure protection, emotional support and care of the child(30%);
D. Personal items and grooming care for the child, such as toothpaste, toothbrushes,
soap, combs, haircuts, and other essentials (2%);
E. Other/miscellaneous items considered usual in the care and supervision of the
child, include, but are not limited to, transportation, recreation and overhead
(40%)
6. Add Paragraph 8 to Section I. A minimum of one polygraph test per Colorado fiscal
year, if needed by the child, will be furnished by the Contractor under this contract for
facilities that provide sex offender treatment.
7. Add Paragraph 9 to Section I. Any additional costs for specialized services, which
include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens,
that is not provided within the vendor rate or attached Scope of Service, will need be
negotiated and authorized, in writing by the County, prior to the service being performed.
Any payment for specialized services not authorized in writing will be denied.
8. Add Paragraph 5 to Section II. Contact by the Contractor with the County regarding
emergency medical, surgical or dental care will be made in person-to-person
communication, not through phone mail messages. During regular work hours, the
Contractor will make every effort to notify the assigned caseworker, supervisor, or intake
screener of any emergency medical, surgical or dental issues prior to granting
authorization. During non-regular work hours, weekends and holidays, the Contractor
will contact the Emergency Duty Worker at the pager number(970) 304-2749.
9. Section III, Paragraph 5. Contractor additionally agrees to have appropriate personnel
available for staffing current placements with the Service Utilization Unit. Provider shall
be notified by County staff of the date and time of the review.
10. Add Paragraph 13 to Section IV. Cooperate with any vendors hired by Weld County
Department of Human Services to shorten the duration of placement.
11. Add Paragraph 14 to Section IV. Have physical examinations completed within 14 days
and dental examinations completed within 8 weeks of the child being placed with
Contractor. All documentation of these examinations shall be forwarded to the County.
12. Add Paragraph 15 to Section IV. Arrange a full evaluation of an Individualized
Educational Plan (IEP) for youth designated as a Special Education Student every 3 years
and coordinate reviews every year. If the IEP is due while the child is in placement, the
Contractor will complete or obtain a completed IEP. A copy will then be forwarded to
the County.
13. Add Paragraph 16 to Section IV. Assure and certify that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by a federal
department or agency.
B. Have not, within a three-year period of preceding this Agreement, been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
2 Weld County SS-23A Addendum
a public (federal, state, or local) transaction or contract under a 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;
C. 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 paragraph (B) above.
D. Have not within a three-year period preceding this Agreement, had one or more
public transactions (federal, state, and local) terminated for cause or default.
14. Section V, Paragraph 5. Children in Residential Child Care Facilities and Child
Placement Agencies are not eligible to receive clothing allowances as outlined in the
Weld County Department of Human Services Policy and Procedure Manual.
15. Add Paragraph 7 to Section VI. 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 or their
assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
16. Add Paragraph 8 to Section VI. No portion of this Agreement shall be deemed to
constitute a waiver of any immunity the parties or their officers or employees may
posses, nor shall any portion of this Agreement be deemed to have created a duty of care
that did not previously exist with respect to any person not a party to this Agreement.
The parties hereto acknowledge and agree that no part of this Agreement is intended to
circumvent or replace such immunities.
17. Add Paragraph 9 to Section VI. 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:
A. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed;
B. 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
Human Services. Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Human Services;
C. Recover from the Contractor any incorrect payment to the Contractor due to
omission, error, fraud, and/or defalcation by deducting from subsequent payments
under this Agreement or other agreements between Human Services and the
Contractor, or by Human Services as a debt to Human Services or otherwise as
provided by law.
3 Weld County SS-23A Addendum
18. Add Paragraph 10 to Section VI. The contractor shall promptly notify Human Services
in the event in which it is a party defendant or respondent in a case, which involves
services provided under the agreement. The 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 Human Services' Director. The term"litigation" includes an
assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or
foreclosure.
IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day,
month, and year first above written.
ATTEST: Weld County Clerk to the WELD COUNTY BOARD OF
La SOCIAL SERVICES, ON BEHALF
OF THE WELD COUNTY
l¢ DEPARTMENT OF HUMAN
itm SERVICES
By ii . !�� �,i= By:
Depu Clerk to the Board Chair Signature
"W"' AUG 2 9 2012
Approval as to Substance: CONTRACTOR
WELD COUNTY DEPARTMENT Cathedral Home for Youth
OF HUMAN SERVICES PO Box 520
Laramie WY 8 73
By: By: 7A/7Z
my pir etor ignat e/Date ontractor's Signature ate
at9/0? ?Jig
4 Weld County SS-23A Addendum
WELD COUNTY ADDENDUM
To that certain Agreement to Purchase Residential Child Care Facility
Services (the "Agreement") between Cornell Corrections of Texas, Inc., DBA
Hector Garza Center and Weld County Department of Human Services for
the period from
July 1, 2012 through June 30,2013.
The following provisions, made this } day of , 2012, are added to the referenced
Agreement. Except as modified hereby, all terms of the Agreement remain unchanged.
1. County agrees to purchase and Contractor, identified as Provider ID#1617541, agrees to
provide:
A. Child Maintenance, Administrative Maintenance and Services, which are listed in
this Agreement at a rate of$242.85 per day for children placed within the
Residential Child Care Facility.
B. Additional services not covered by Medicaid or considered within the above
vendor rate. These additional services/rates may be negotiated on a child by child
basis, based on the needs of the child and in accordance with the Colorado
Department of Human Services Agency Letter CW-06-11-I dated June 8, 2006.
These services will be for children who have been deemed eligible for social services
under the statutes, rules and regulations of the State of Colorado.
2. Section I, Paragraph 1. County considers the agreed upon rate, outlined in the Weld
County Addendum to this contract, to be all inclusive and shall not pay for additional
treatment fees; i.e. Drug/Alcohol and Sex Offender services
3. Section I, Paragraph 2. All bed hold authorizations and payments are subject to a 3 day
maximum for a child's temporary absence from a facility, including hospitalization. Bed
hold requests must have prior written authorization from the Department Administrator
before payment will be release to provider. Reimbursement rates for bed hold days may
not exceed the state standard rate for administrative maintenance and administrative
services or may be a reduced rate that is mutually agreed upon.
4. Section I, Paragraph 4. Transportation may include, but is not limited to; visitation with
family members, medical/dental or mental health appointments, extracurricular activities,
court hearings or other specialized programming. Transportation expectations will be
documented on the Child Specific Addendum, SS23B.
5. Add Paragraph 6 to Section I. The services purchased under this Agreement as Child
Maintenance, Administrative Maintenance and Services for Residential Child Care
Facilities include, but are not limited to: Food, shelter, clothing, personal needs and
allowance, administration, administrative overhead, support staff, support overhead,
sleep-over staff, direct child care, transportation, therapeutic recreation, service delivery
staff, parent training for teens, independent living training, mentor/advocate, supervised
visitation and all other services as outlined in the Child Specific Addendum. The
anticipated minimum percentage for each item is as follows and will be subject to Countyr 4773e�
Weld County 55-23A Addendum
monitoring as outlined in Section VI of this contract:
•
A. Food, including meals and snacks (25%);
B. Clothing (3%);
C. Shelter, including utilities and use of household furnishing and equipment and
daily supervision, including those activities that a parent would normally carry out
to assure protection, emotional support and care of the child (30%);
D. Personal items and grooming care for the child, such as toothpaste, toothbrushes,
soap, combs, haircuts, and other essentials (2%);
E. Other/miscellaneous items considered usual in the care and supervision of the
child, include, but are not limited to, transportation, recreation and overhead
(40%)
6. Add Paragraph 7 to Section I. A minimum of one polygraph test per Colorado fiscal
year, if needed by the child, will be furnished by the Contractor under this contract for
facilities that provide sex offender treatment.
7. Add Paragraph 8 to Section I. Any additional costs for specialized services, which
include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens,
that is not provided within the vendor rate or attached Scope of Service, will need be
negotiated and authorized, in writing by the County, prior to the service being performed.
Any payment for specialized services not authorized in writing will be denied.
8. Add Paragraph 5 to Section II. Contact by the Contractor with the County regarding
emergency medical, surgical or dental care will be made in person-to-person
communication, not through phone mail messages. During regular work hours, the
Contractor will make every effort to notify the assigned caseworker, supervisor, or intake
screener of any emergency medical, surgical or dental issues prior to granting
authorization. During non-regular work hours, weekends and holidays,the Contractor
will contact the Emergency Duty Worker at the pager number (970) 304-2749.
9. Section III, Paragraph 5. Contractor additionally agrees to have appropriate personnel
available for staffing current placements with the Service Utilization Unit. Provider shall
be notified by County staff of the date and time of the review.
10. Add Paragraph 15 to Section IV. Cooperate with any vendors hired by Weld County
Department of Human Services to shorten the duration of placement.
11. Add Paragraph 16 to Section IV. Have physical examinations completed within 14 days
and dental examinations completed within 8 weeks of the child being placed with
Contractor. All documentation of these examinations shall be forward to the County.
12. Add Paragraph 17 to Section IV. Arrange a full evaluation of an Individualized
Educational Plan (IEP) for youth designated as a Special Education Student every 3 years
and coordinate reviews every year. If the IEP is due while the child is in placement, the
Contractor will complete or obtain a completed IEP. A copy will then be forwarded to
the County.
13. Add Paragraph 18 to Section IV. Assure and certify that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by a federal
department or agency.
2 Weld County SS-23A Addendum
B. Have not, within a three-year period of preceding this Agreement, been convicted
•
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a 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;
C. 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 paragraph (B) above.
D. Have not within a three-year period preceding this Agreement, had one or more
public transactions (federal, state, and local) terminated for cause or default.
14. Section V, Paragraph 5. Children in Residential Child Care Facilities and Child
Placement Agencies are not eligible to receive clothing allowances as outlined in the
Weld County Department of Human Services Policy and Procedure Manual.
15. Add Paragraph 7 to Section VI. 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 or their
assignees, and nothing contained 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 or their assignees receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
16. Add Paragraph 8 to Section VI. No portion of this Agreement shall be deemed to
constitute a waiver of any immunity the parties or their officers or employees may
posses, nor shall any portion of this Agreement be deemed to have created a duty of care
that did not previously exist with respect to any person not a party to this Agreement.
The parties hereto acknowledge and agree that no part of this Agreement is intended to
circumvent or replace such immunities.
17. Add Paragraph 9 to Section VI. 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:
A. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed;
B. 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
Human Services. Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Human Services;
C. Recover from the Contractor any incorrect payment to the Contractor due to
omission, error, fraud, and/or defalcation by deducting from subsequent payments
under this Agreement or other agreements between Human Services and the
3 Weld County SS-23A Addendum
Contractor, or by Human Services as a debt to Human Services or otherwise as
provided by law.
18. Add Paragraph 10 to Section VI. The contractor shall promptly notify Human Services
in the event in which it is a party defendant or respondent in a case, which involves
services provided under the agreement. The 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 Human Services' Director. The term "litigation" includes an
assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or
foreclosure.
IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day,
month, and year first above written.
ATTEST: Weld County Clerk to the Board WELD COUNTY BOARD OF
dr %. SOCIAL SERVICES, ON BEHALF
IxAgasa___- si " /4` , OF THE WELD COUNTY
.>d • "% DEPARTMENT OF HUMAN
li_lk2/ SERVICES
By: / Att fit: .A0.1A,0 L
* i ' .\ By:
Deput lerk to the Board �"�.► Chair Signature
Ma
Approval as to Substance: CONTRACTOR AUG 2 9 2012
WELD COUNTY DEPARTMENT Cornell Corrections of Texas, Inc.,
OF HUMAN SERVICES DBA Hector Garza Center
620 East Afton Oaks Blvd
San Antoni , TX 7 232
By: By:• c__- C /
Co y Direct is Sig i 4 lure/D e Contractor's Signature/Date
-3cRRaVnan Q Su:a1q)io:9
4 Weld County SS-23A Addendum
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