The URL can be used to link to this page

Browse Search

Home My WebLink About20092494MEMORANDUM DATE: September 17, 2009 WI1PC.FaOM COLORADO William F. Garcia, Chair, Weld County Board of Commissioners Judy A. Griego, Director, Department oVHuman rvi es' RE: Weld County Addendum to the Agreement to Purchase Out -of -Home Placement Services Contracts for Group Home/Group Center Care Services between the Weld County Department of Human Services and Various Contractors 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 Group Home/Group Center Care Services between the Department and various providers. Please place on the Consent Agenda. Below are the major provisions of the attached Agreements: No. Provider/Term Type of Facility/Location Daily Rate 1 Maple Star Colorado July 1, 2009 — June 30, 2010 Group Home Denver, Colorado $86.00 2 Savio House July 1, 2009 — June 30, 2010 Group Home Denver, Colorado $81.24 3 Savio House July 1, 2009 — June 30, 2010 Group Home Denver, Colorado $106.96 4 Savio House July 1, 2009 — June 30, 2010 Group Home Denver, Colorado $106.96 5 Savio House July 1, 2009 — June 30, 2010 Group Home Denver, Colorado $106.96 6 Evergreen Group Center July 1, 2009 — June 30, 2010 Group Home Longmont, Colorado $102.00 7 Smith Agency dba Serenity IX July 1, 2009 — June 30, 2010 Group Home Centennial, Colorado $147.77 If you have any questions, give me a call at extension 6510. 9A11/O' S eiet /,..7s 4,7 2009-2494 COLORADO TO: FROM: DATE: SUBJECT: DEPARTMENT OF HUMAN SERVICES P.O. BOX A GREELEY, CO. 80632 Website: www.co.weld.co.us Administration and Public Assistance (970) 352-1551 Child Support (970) 352-6933 MEMORANDUM Judy Griego — Director L/ Lesley Cobb - Child Welfare Rate Negotiator August 4, 2009 The Weld County Addendum to the Agreement to Purchase Out -Of -Home Placement Services contracts for Group Home/Group Center Care Services. Attached please find the Weld County Addendum to the Agreement to Purchase Out -Of -Home Placement Service Contracts for Group Home/Group Center Care Services for following providers: 1 2 3 4 5 Weld County Group Home/Group Center Care Providers 2009-2010 Maple Star Colorado Savio House Savio House Savio House Savio House 2785 Speer Blvd, Suite 340 325 King Street 325 King Street 325 King Street 325 King Street Denver, CO 80211 Denver, CO 80219 Denver, CO 80219 Denver, CO 80219 Denver, CO 80219 13416 5628 1517239 1548445 1548844 $86.00 $81.24 $106.96 $106.96 $106.96 These contracts have been presented for consent approval to the Board of County Commissioners however; I am requesting your signature along with the Boards to complete these contracts for the FY 2009-2010. If you have any questions please call me at Ext. 6441. COLORADO TO: FROM: DATE: SUBJECT: DEPARTMENT OF HUMAN SERVICES P.O. BOX A GREELEY, CO. 80632 Website: www.co.weld.co.us Administration and Public Assistance (970) 352-1551 Child Support (970) 352-6933 MEMORANDUM Judy Griego�'—/Director Lesley CobK- Child Welfare Rate Negotiator September 10, 2009 The Weld County Addendum to the Agreement to Purchase Out -Of -Home Placement Services contracts for Group Home/Group Center Care Services. Attached please find the Weld County Addendum to the Agreement to Purchase Out -Of -Home Placement Service Contracts for Group Home/Group Center Care Services for following providers: Weld County Group Home/Group Center Care Providers 2009-2010 1 Evergreen Group Center Smith Agency DBA 2 Serenity IX 1436 Hilltop Dr. 7169 S Liverpool St Longmont, CO 80501 Centennial, CO 80016 61317 1540493 $102.00 $147.77 These contracts have been presented for consent approval to the Board of County Commissioners however; I am requesting your signature along with the Boards to complete these contracts for the FY 2009-2010. If you have any questions please call me at Ext. 6441. WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Maple Star Colorado and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this \ day of \ , 2009, are added to the referenced Agreement. Except as modified hereby, all terms of tie greement remain unchanged. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of $86.00, per day for children placed within the Group Home/Group Center identified as Provider ID #13416. 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. Contractor shall be notified by Department staff of the date and time of the utilization review. 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff. 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 Clerk to the Board B gellida4, Deput T Clerk to the Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair Signature Maple Star Colorado 2250 S. Oneida, Suite 100 Denver, CO 80224 4 Weld County SS -23A Addendum 6,-r09- a WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Savio House and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this \ day of , 2009, are added to the referenced Agreement. Except as modified hereby, all terms o h Agreement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of $81.24, per day for children placed within the Group Home/Group Center identified as Provider ID #5628. 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. Contractor shall be notified by Department staff of the date and time of the utilization review. t Weld County SS -23A Addendum Moog- aC{, 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff. 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 Clerk to the Board B Deputy r erk to the Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair Signature CONTRACTOR Savio House 325 King Street Denver, CO 8029 4 Weld County SS -23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Savio House and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this I day of f� � . , 2009, are added to the referenced Agreement. Except as modified hereby, all terms of h greement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of $106.96, per day for children placed within the Group Home/Group Center identified as Provider ID #1517239. 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 fumished 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. Contractor shall be notified by Department staff of the date and time of the utilization review. Weld County SS -23A Addendum �2c09- 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff. 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 Clerk to the Board B LA/ oAr DeputClerk to the Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES B WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair Signature CONTRACTOR Savio House 325 King Street Denver, CO 80219 By: 4 Weld County SS -23A Addendum 02409—c_Qy� WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Savio House and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this ' day of , 2009, are added to the referenced Agreement. Except as modified hereby, all terms o Agreement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of $106.96, per day for children placed within the Group Home/Group Center identified as Provider ID #1548445. 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. Contractor shall be notified by Department staff of the date and time of the utilization review. Weld County SS -23A Addendum aoo 9- &419 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff. 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 Clerk to the Board Dep -t Clerk to the Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: fa Chair Signature CONTRACTOR Savio House 325 King Street Denver, CO 80219 B 4 Weld County SS -23A Addendum 02009- 249 WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Savio House and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this day of , 2009, are added to the referenced Agreement. Except as modified hereby, all terms of the greement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of $106.96, per day for children placed within the Group Home/Group Center identified as Provider ID #1548844. 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. Contractor shall be notified by Department staff of the date and time of the utilization review. Weld County SS -23A Addendum acC9- ay. 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff 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 Clerk to the Board Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair Signature CONTRACTOR Savio House 325 King Street Denver, CO 80219 By: 4 Weld County SS -23A Addendum (90o9- cY9 WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Evergreen Group Center and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this / day of ��2009, are added to the referenced Agreement. Except as modified hereby, all terms t Agreement 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 $102.00, per day for children placed within the Group Home/Group Center identified as Provider ID #61317. 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. Contractor shall be notified by Department staff of the date and time of the utilization review. Weld County SS -23A Addendum 0706}-c7g99 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff. 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 Clerk to the Board Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: �4( hair Signature CONTRACTOR Evergreen Group Center 1436 Hilltop Dr. Longmont, CO 80501 4 Weld County SS -23A Addendum " WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Smith Agency DBA Serenity IX and Weld County Department of Human Services for the period from July 1, 2009 through June 30, 2010. The following provisions, made this I I" day of 5u v..,+ , 2009, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement re unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and sttywhich are listed in this Agreement at a rate of $147.77, per day for children placed wi h 4Jie13 Group Home/Group Center identified as Provider ID #1540493 unless the child is eligible for the CHRP program. If the child is deemed CHRP eligible, County agrees to pay the federal SSI rate to contractor and all other service costs will be billable under the CHRP program. 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 I1. 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. &OC- :9'2 • Section III, Paragraph 5. Contractor additionally agrees to have appropriate personnel available for staffing current placements with the Utilization Review Team. Contractor shall be notified by Department staff of the date and time of the utilization review. 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 and dental examinations within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the appropriate county staff. 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. 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 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; 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. 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 By: stet. Deputy lerk to the Boa Approval as to Substance: WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: Chair Signature CONTRACTOR Smith Agency DBA Serenity IX 7169 S Liverpool St Centennial, CO 80016 By:( O.Lelacke' M .S . Proc, mAdr,-,1n/pUtc¢A-+-2.,Divcc 4 Weld County SS -23A Addendum i-5 Hello