HomeMy WebLinkAbout20090191MEMORANDUM
DATE: January 19, 2009
' TO: William F. Garcia, Chair, Board of Cou ty Commissioners
WIlP�.��
FROM: Judy A. Griego, Director, Human S r sDe a'ftme �D
COLORADO RE: Addendum to the Agreements to Purchase Group Home/
Group Center Care Services between the Weld County
Department of Human Services and Kids Crossing for
Consent Agenda
Enclosed for Board approval is the Weld Addendum to the Agreements to Purchase Group
Home/Group Center Care Services between the Weld County Department of Human Services
and Kids Crossing. This Agreement was presented at the Board's January 19, 2009, Work
Session.
The major provisions of this Agreement are:
No.
Facility Name
and Term
Type of Facility
Location
Daily Rate
1
Kids Crossing
10/01 /08 — 06/30/09
Group Home/Group Center
Colorado Springs, Colorado
$95.34 per day for each child
placed
If you have any questions, give me a call at extension 6510.
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2009-0191
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WELD COUNTY ADDENDUM
To that certain Agreement to Purchase Group Home/Group Center -care
Services (the "Agreement") between Kids Crossing and Weld Couirtys
Department of Human Services for the period from *.y
October 1, 2008 through June 30, 2009. /.%•
sr
The following provisions, made this 62/ day ofNi vi • , 204, are added to the referenced
Agreement. Except as modified hereby, all terms of the A eement remain unchanged.
I . County agrees to purchase and Contractor agrees to provide the care and services, which
are listed in this Agreement at a rate of $95.34, per day for children placed within the
Group Home/Group Center identified as Provider ID #1552984. 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 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.
3. Add Paragraph 6 to Section I. A minimum of one polygraph test per Colorado fiscal
year, if needed by the child, will be furnished under this contract for facilities that
provide sex offender treatment.
4. Add Paragraph 7 to Section I. Any additional costs for specialized services, which
include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens,
which are not provided within the negotiated provider rate, will need to be authorized, in
writing by the County, prior to the service being performed. Any payment for specialized
services not authorized in writing will be denied.
5. Add Paragraph 8 to Section I. The services purchased under this Agreement for Group
Home/Center services may include, but are not limited to: Basic 24 -hour care and child
maintenance (food, shelter, clothing, educational supplies and allowance), direct child
care, transportation, administrative overhead, support overhead, service delivery staff,
which may include but are not limited to: Parent training for teens, independent living
training, mentor/advocate, and supervised visitation.
6. 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.
7. Section III, Paragraph 5. Contractor additionally agrees to have appropriate personnel
available for staffing current placements with the Utilization Review Team. This review
team convenes every Monday morning, excluding holidays.
Weld County SS -23A Addendum
8. Add Paragraph 13 to Section IV. Agree to cooperate with any vendors hired by Weld
County Department of Human Services to shorten the duration of placement.
9. Add Paragraph 14 to Section IV. Agree to schedule physical examinations within 14
days after placement, dental examinations within 60 days after placement and forward all
appropriate information to the County.
10. Add Paragraph 15 to Section IV. A full evaluation of an Individualized Educational Plan
(IEP) for youth designated as a Special Education Student will be conducted every 3
years and reviewed 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.
11. 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
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.
12. Section V, Paragraph 5. Children in Psychiatric Residential Treatment Facilities,
Therapeutic Residential Child Care Facilities, 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.
13. 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.
14. 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
2 Weld County SS -23A Addendum
circumvent or replace such immunities.
15. 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.
16. Add Paragraph 10 to Section VI. The contractor shall promptly notify Human Services
in the event that the Contractor learns of any actual litigation in which it is a party
defendant 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.
3
Weld County SS -23A Addendum
IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day,
month, and year first above written.
ATTEST:
Weld County
By: elili
Deputy C
WELD COUNTY BOARD OF
HUMAN SERVICES, ON BEHALF
OF THE WELD COUNTY
DEPARTMENT OF HUMAN
SERVICES
By:
rk to the Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
Chair Signature
William F. Garcia
JAN 2 1 2009
CONTRACTOR
Kids Crossing
1440 E Fountain Blvd
Colorado pSprings, CO 80033
By: On -Mr -4
4 Weld County SS -23A Addendum
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