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HomeMy WebLinkAbout20111339.tiff RESOLUTION RE: APPROVE AMENDMENT#1 TO CONTRACT TO PERFORM FUNCTIONS OF A SINGLE ENTRY POINT AGENCY FOR HOME CARE ALLOWANCE AND ADULT FOSTER CARE CLIENTS AND AUTHORIZE CHAIR TO SIGN 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 Amendment#1 to the Contract to perform the functions of a Single Entry Point Agency for Home Care Allowance and Adult Foster Care clients 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,Area Agency on Aging, and the Colorado Department of Human Services, commencing July 1, 2011, and ending June 30, 2012, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment#1 to the Contract to perform the functions of a Single Entry Point Agency for Home Care Allowance and Adult Foster Care clients 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, Area Agency on Aging, and the Colorado Department of Human Services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of May, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO E ATTEST: EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to th= >:,.. 0 tal EXCUSED 4, Sean P. / Pro-Tem BY: Deputy Clerk to the Boar>,� �,j►� Wil F. Garcia AP OV AS RM: - �,t David E. Lon Acting Chha Pro-Tem ounty Attorney Gfi Asinl� Dough Rademacher Date of signature: 031/ 30ric CC I-1JI, 2011-1339 S a5 1! .IS - I I HR0082 MEMORANDUM 1 8 6 1 - 2 0 1 1 DATE: May 23, 2011 — TO: Barbara Kirkmeyer, Chair, Board of County Com issi ers WELD CO , TY FROM: Judy A. Griego, Director, Department uma Sery s /1-' � U RE: Home Care Allowance/Adult Foster Care Programs Contract between the Weld County Department of Human Services and the Colorado Department of Human Services, Division of Aging and Adult Services Enclosed for Board approval is a Contract between the Weld County Department of Human Services and the Colorado Department of Human Services, Division of Aging and Adult Services. This Contract was presented at the Board's May 19, 2011, Work Session. The Contract allows the Area Agency on Aging to continue to provide case management services for clients receiving Home Care Allowance or Adult Foster Care programs. The total contract price not to exceed the value shall be $82,220.48 (FY 11 - $38,781.00 and FY 12 - $43,439.48 for the period of July 1, 2011 through June 30, 2012. If you have questions, please give me a call at extension 6510. 2011-1339 STATE OF COLORADO cdhs ;%F $ Colorado Department of Human Services m people who help people \# ,7 / 1876.E OFFICE OF LONG TERM CARE Joscelyn Gay,Deputy Executive Director John W.Hickeniooper DIVISION OF AGING AND ADULT SERVICES Governor 1575 Sherman Street,10th Floor Denver,Colorado 80203-1714 Reggie Bicha Phone:303-866-2800 Executive Direct TDD 303-866-2550 0 FAX 303-866-2696 r+ w✓uwv.col ora do.ov/cd h s C— C Dan Daly,Director r- IV H—+ July 7, 2011 T Weld County Area Agency on Aging ca David E. Long 915 10th Street 0) Greeley, CO 80631 Dear Mr. Long: Enclosed is the executed contract between Weld County Area Agency on Aging and the Colorado Department of Human Services. This contract is effective July 1, 2011 and will end on June 30, 2012. Weld County Area Agency on Aging must expend all State funds no later than June 30, 2012. If you have any further questions, please contact me as soon as possible. Sincerely, iteadi 4\iper Peggy Rogers, Manag r Adult Protection and Financial Services Peqqv.Rociersstate.co.us 303-866-2829 Enclosures cc: Andy Aldis,AF Program Specialist Lee Burkholder, AF Program Specialist AF Folder CONTRACT AMENDMENT Amendment#1 Original Contract CMS or CLIN # Amendment CMS # 11 IHA 18055 12 IHA 31561 1) PARTIES This Amendment to the above-referenced Original Contract(hereinafter called the Contract) is entered into by and between Weld County, Colorado, Weld County Department of Human Services (hereinafter called "Contractor"), and the State of Colorado (hereinafter called the "State") acting by and through the Department of Human Services, Division of Aging and Adult Services. 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract for/to perform the functions of a Single Entry Point Agency as defined by Section 26-2-122.3 C.R.S. and the regulations applicable to the Department and the Single Entry Point system at 9 C.C.R. 2503-1, Staff manual Volume 3, Section 3.720 et seq. By this Amendment, the parties desire to extend the term of the Contract to June 30, 2012, to increase the contract price, and to modify the Exhibit A to the Contract. 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. If applicable, such Special Provisions are attached hereto and incorporated by reference herein as Exhibit N/A. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Contract and all prior amendments thereto, if any, are modified as follows: • The term of the Contract is extended to end on 06/30/2012. • The maximum amount available for state fiscal year 2011-12 (FY12) shall be $43,439.48 as consideration for services to be provided by the Contractor for FY12. • The total contract price not to exceed value shall be $82,220.48 (FY11 - $38,781.00 and FY12 - $43,439.48). • The parties understand and agree that the Contract fixed price for any given year of the Contract term is determined by calculating the average percentage of HCA clients served by the contractor in the year prior to any such given year out of the total average number of HCA clients in the State. • Beginning July 1, 2011, Section III of Exhibit A of the Contract shall be changed to the"REVISED EXHIBIT A- STATEMENT OF WORK" attached hereto and made a part hereof. 7) START DATE This Amendment shall take effect on the later of its Effective Date or July 01, 2011. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects,supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO John W. Hickenlooper, GOVERNOR Weld County, Colorado Colorado Department of Human Services Reggie Bicha, Executive Director Weld County Department of Human Services By: David E. Long Title: Acting Chair Pro—Tem, Board of Weld County Commissioners c_Ly*Signature Pauline Burton, Deputy Executive Director MAY 252011 ‘'// sib Date Date ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J„Wl .er ott, CPA Bv: // Valri Gimple Date: AlleW Effective Date: 1/6/09-Rev 8/25/09 c. 2(v,/--- 3I REVISED EXHIBIT A STATEMENT OF WORK (July 1 , 2011) III. STATEMENT OF WORK A. The Contractor shall perform its obligations and the functions of a Single Entry Point (SEP) agency as defined by Colorado Revised Statute at Title 25.5 Article 6 and Title 26 Article 2 and by regulations applicable to the SEP system at 10 CCR 2505- 10 and 9 CCR 2503-1. B. The Contractor shall perform its obligations within all provisions of state law and regulations promulgated pursuant thereto and including without limitation those promulgated by the Colorado Department of Human Services (the Department). C. The Contractor shall perform its obligations and the functions of a Single Entry Point (SEP) agency for the following counties: 1. Weld D. The Contractor shall perform the functions required of the SEP for determination of functional eligibility for the HCA and AFC programs as outlined in state statute (§26- 2-122.3 C.R.S.) and regulations (9 CCR 2503-1, Volume 3, Sections 3.720 and 3.730), including but not limited to: 1. Initial intake/screening/referral; 2. Assessment; 3. Determination of functional eligibility; 4. Care planning; 5. Case management; 6. Reassessment; and, 7. Case closure. D. The Contractor, in accordance with the state statutes and regulations, shall submit to and be available for performance review related to the contract, scope of work, and implementation of the HCA and AFC program, which may include but is not limited to: 1. BUS system reviews and/or audits; on site visits, evaluations, and/or audits; and/or client surveys. 2. Evaluation of agency performance related to: a. Quality of service provided; b. Compliance with program requirements; c. Case management; d. Timeliness; e. Performance of administrative functions; f. Cost per client; 1 g. Communication with clients; h. Client monitoring; and, i. Financial accountability. E. The Contractor shall perform all necessary administrative and oversight functions for the operation of a Single Entry Point Agency as defined in the State statutes and regulations identified in "A", above. These functions include but are not limited to: 1. Administering a personnel system for recruiting, hiring, evaluating, and terminating employees. 2. Providing qualified staff to perform all duties of the SEP agency, including but not limited to administrative, supervisory, and case management functions. 3. Maintaining staff to operate the SEP agency at least forty (40) hours per week during regular business office hours, Monday through Friday, excluding holidays, to include providing access to applicants, clients, service providers, and others at an accessible office. 4. Providing a telephone system and trained staff to ensure timely response to messages, access to telecommunication devices and/or interpreters for the hearing and vocally impaired, and access to foreign language interpreters, as needed. 5. Performing accounting tasks in compliance with all rules and regulations for accounting practices. 6. Ensuring the authorization and administration of services through the HCA and AFC programs, which are publicly funded programs, shall be in accordance with the program's eligibility criteria as defined by applicable state statutes and regulations, as they exist on the date this contract is executed and as they may later be amended. 7. Attending Administrative Law Judge (ALJ) hearings when the SEP agency denies approval or implements other adverse action against an applicant/client and the applicant/client appeals. The Contractor shall defend their decision as described in 10 CCR 2505-10. 8. The Contractor shall have a plan to overcome any geographic barriers within the district, including distance from the agency office to provide timely assessment and case management services to clients. F. The Contractor shall perform all necessary applicant/client functions related to intake, assessment, case management, and other client-related functions for the implementation of the HCA and AFC programs, as defined in the State statutes and regulations (identified in "A", above). These functions include but are not limited to: 2 1. Protecting applicant/client's rights. 2. Facilitating the application process for applicants, responding in a timely manner to all referrals, and providing appropriate and timely access to services. 3. Conducting a thorough assessment of care needs and determining functional eligibility and the need for paid care score using the Department's prescribed form. 4. Identifying resources to assure the most appropriate public and private resources to serve the applicant/client's needs. The determination of appropriate resources shall not supplant but support self-care, family care, and other informal community based resources. 5. Establishing a care plan, with input from the applicant/client. Services identified in the care plan shall not exceed the type and amount of services medically and/or functionally required for the applicant/client. 6. Providing case management services as outlined 9 CCR 2503-1. 7. Assuring that a long-term care client who receives Case Management services receives the type and amount of HCA and AFC services listed in the care plan and client/provider agreement. 8. Reassessing the client at least annually; or sooner if it is determined that the client's condition has changed will cause an increase or decrease in services. 9. Revising the care plan and need for paid care score or closing the HCA/AFC case, as appropriate dependant on the client's changing needs. G. The Contractor shall perform all necessary general functions related administration of the HCA and AFC programs, as defined in the State statutes and regulations (identified in "A", above). These functions include but are not limited to: 1. Following the standards set by the Department, including policy directives and other guidelines and training provided by the Department. 2. Providing accurate and timely processing of new applicants. 3. Documenting agency and case-related activities timely, as outlined in 9 CCR 2503-1 , including but not limited to: a. Documenting complaints from clients in the case file. 3 b. Referring complaints regarding quality of care issues against a provider to the Colorado Department of Public Health and Environment or Adult Protective Services. c. Effectively utilizing the state-prescribed information management system, currently the Benefits Utilization System (BUS) and any other state-prescribed form or system. Information to be documented includes, but is not limited to: 1) Collection and reporting of client specific data pertaining to information and referral services; 2) Program eligibility determination; 3) Care planning; 4) Case management and case activities, including service delivery and effectiveness; 5) Service authorization; and 6) Resource development. 4. Cooperating with the Department, the Community Center Boards (GCBs), mental health facilities, and other community organizations in the admission of clients with/to the HCA or AFC program. 5. Providing referral to other resources to appropriately manage care needs if the applicant/client is ineligible or would be inappropriate for the HCA or AFC program. 6. Contacting each SEP and County department when transferring a client from one county to another county or from one SEP district to another to make arrangements to coordinate the transfer of a case to avoid service disruption to the recipient. 4 Hello