HomeMy WebLinkAbout20091222.tiffRESOLUTION
RE: APPROVE ADDENDUM TO AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT
SERVICES FOR THERAPEUTIC RESIDENTIAL CHILD CARE FACILITY SERVICES AND
RESIDENTIAL CHILD CARE FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN -
REFLECTIONS FOR YOUTH, INC.
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 an Addendum to the Agreement to
Purchase Out -of -Home Placement Services for Therapeutic Residential Child Care Facility
Services and Residential Child Care Facility Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Reflections for Youth, Inc., commencing July 1, 2009, and
ending June 30, 2010, with further terms and conditions being as stated in said addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, 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, ex -officio Board of Social Services, that the Addendum to the Agreement to
Purchase Out -of -Home Placement Services for Therapeutic Residential Child Care Facility
Services and Residential Child Care Facility Services, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Reflections for Youth, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said addendum.
2009-1222
H R0080
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‘>//e/09
RE: APPROVE ADDENDUM TO AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT
SERVICES FOR THERAPEUTIC RESIDENTIAL CHILD CARE FACILITY SERVICES AND
RESIDENTIAL CHILD CARE FACILITY SERVICES - REFLECTIONS FOR YOUTH, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the B
BY.
Deputy rk to the Board
APPROVED AS TO FORM:
/Lg/c4ity uney r
Date of signature ci/e�O7
BOARD •F CO TY COMMISSIONERS
W R ��Ut4T OLORADO
P. Conway
arbara Kirkmey,
O,1
David E. Long
(7-
2009-1222
HR0080
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
TO: Judy Griego - Director
FROM: Lesley Cobb - Child Welfare Contract Negotiator
DATE: April 30, 2009
SUBJECT: Out -of -home providers to be submitted to the
Board of County Commissioners for Consent.
Attached please find the proposed Weld County Addendums and list of out -of -home providers that I am requesting
to be submitted to the Board of County Commissioners for their consent.
Directory:
Attachment I — RCCF/TRCCF contract and provider list
Rates are based on the State Standard rates from 2008-2009 (also known as base anchor rates). No COLA is being
recommended for the 2009-2010 fiscal year.
Attachment II — County Certified Foster Care contract and provider list
Rates are based the Needs Based Care Assessment and rate table as approved by the Board of Weld County
Commissioners. No COLA is being recommended for the 2009-2010 fiscal year.
Attachment 11I — Child Placement Agency contract and provider list
Rates are based on the Needs Based Care Assessment and rate table as approved by the Board of Weld County
Commissioners. No COLA is being recommended for the 2009-2010 fiscal year.
Attachment IV — Child Placement Agency Group Home/Center contract and provider list
Rates are negotiated per home/center due to highly specialized care for children who are stepping down from
TRCCF care or cannot maintain in a foster care home setting.
Attachment V — RCCF/CHRP contract and provider list
Rates are based on a negotiated rate per agency due to highly specialized care for children who are not eligible or
who are awaiting approval for CHAP.
Attachment VI — Specialized Group Homes contract and provider list
Rates are based on the approved rate structure as outlined in DHS policy/procedures manual section 2.308.5. No
COLA is being recommended for the 2009-2010 fiscal year.
Attachment VII — RCCF contract and provider list
Rates are negotiated based on the high level of needs the child requires. These providers consist of out-of-state
providers where Weld children have exhausted all Colorado resources and facilities that are considered
transition/step down programs for Therapeutic Residential Treatment Centers.
2009-1222
Attachment VIII — TRCCF guarantee bed contracts with Shiloh Home, Inc.
Weld County contracts with this provider to have six (6) guaranteed beds for the County's exclusive use.
Attachment XI — TRCCF guarantee bed contracts with Reflection for Youth, Inc.
Weld County contracts with this provider to have four (4) guaranteed beds for the County's exclusive use.
2
. Attachment XI
WELD COUNTY ADDENDUM
/O
To that certain Agreement to Purchase Therapeutic Residential Child Care Facility .,
Services and Residential Child Care Facility Services (the "Agreement") between 4,.
Reflections for Youth, Inc. 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 Agreement remain unchanged.
1. County and Contractor, identified as Provider ID#1530131, agrees as follows:
A. Contractor will provide four (4) guaranteed Therapeutic Residential Child Care Facility
(TRCCF) beds, located at 1435 South County Road 17, Berthoud, CO, 80513, for the exclusive
use of the County. County agrees to pay $163.87 per day for each guaranteed bed that is not
filled by a County youth.
B. Contractor will provide Child Maintenance, Administrative Maintenance and Services, which are
listed in this Agreement at a rate of $163.87 per day for children placed within the Therapeutic
Residential Child Care Facility.
C. Contractor will provide Child Maintenance, Administrative Maintenance and Services, which are
listed in this Agreement at a rate of $163.87 per day for children placed within the Residential
Child Care Facility. RCCF placements may be considered as guarantee beds on a case by case
basis.
D. Contractor will give County youth priority placement at other facilities operated by Contractor.
E. Youth that are placed in other facilities operated by Contractor may be considered as a
guaranteed bed on a case by case basis.
F. Additional services not covered by Medicaid or considered within the above rate may be
negotiated on a child by child basis, based on the needs of the child and in accordance with the
Colorado Department of human Services Agency Letter CW-06-11-I dated June 8, 2006.
These services will be for children who have been deemed eligible for social services under the statutes,
rules and regulations of the State of Colorado.
2. Section I, Paragraph 2. All bed hold authorizations and payments are subject to a 3 day maximum for a
child's temporary absence from a facility, including hospitalization. Bed hold requests must have prior
written authorization from the Department Administrator before payment will be release to provider.
Reimbursement rates for bed hold days may not exceed the state standard rate for admi,.isz tive
maintenance and administrative services or may be a reduced rate that is mutually agreedVon.
3. Add Paragraph 6 to Section I. The services purchased under this Agreement as Child M5ihtenance,
Administrative Maintenance and Services for Therapeutic Residential Child Care Facilii&s and
Residential Child Care Facilities include, but are not limited to: Food, shelter, clothingpersonal needs
and allowance, administration, administrative overhead, support staff, support overheasleep-over
staff, direct child care, transportation, therapeutic recreation, service delivery staff, parent training for
teens, independent living training, mentor/advocate, supervised visitation and all otheaservices as
outlined in the Contractor's scope of service attached as Exhibit A or the Child Specific Addendum.
The anticipated minimum percentage for each item is as follows and will be subject to County
monitoring as outlined in Section VI of this contract:
A. Food, including meals and snacks (25%);
B. Clothing (3%);
C. Shelter, including utilities and use of household furnishing and equipment and daily supervision,
including those activities that a parent would normally carry out to assure protection, emotional
support and care of the child (30%);
D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs,
haircuts, and other essentials (2%);
E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but
are not limited to, transportation, recreation and overhead (40%)
4. Add Paragraph 7 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by
the child, will be furnished by the Contractor under this contract for facilities that provide sex offender
treatment.
5. Add Paragraph 8 to Section I. Any additional costs for specialized services, which include, but are not
limited to; polygraph tests, plethysmographs, and urinalysis screens, that is not provided within the
vendor rate or attached Scope of Service, will need be negotiated and authorized, in writing by the
County, prior to the service being performed. Any payment for specialized services not authorized in
writing will be denied.
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.
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 eight weeks after placement and forward all appropriate
information to the County.
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10. Add Paragraph 15 to Section IV. A full evaluation of an Individualized Educational Ply (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 orobtain 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 "Breligible 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 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 service3 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;
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 Aieement 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 in
which it is a party defendant or respondent in a case, which involves services provideletunder the
agreement. The Contractor, within five (5) calendar days after being served with a smnmons, complaint,
or other pleading which has been filed in any federal or state court or administrativeagency, 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
B
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
B
air Signature, William F. Garcia
MAY 2 7 2009
CONTRACTOR
Reflections for Youth, Inc.
PO Box 1860
Berthoud CO 80513
By:
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