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Home My WebLink About20091221.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 - SHILOH HOUSE 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 Shiloh House, 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 Shiloh House be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said addendum. 2009-1221 HR0080 H-5 O(clto(oq 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 - SHILOH HOUSE 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. BOARD OF COUNTY COMMISSIONERS WELCD ! U , , COLORADO ATTEST: Weld County Clerk to the Board BY Deput Jerk to the Board APPROVED AS TO FORM: Atto ey �J Date of signature Seam Conway j arbara Kirkmeyr oi David E. Long I 2009-1221 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 COLORADO 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 III — 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 CHRP. 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. 2009-1221 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. Attachlent VIII WELD COUNTY ADDENDUM To that certain Agreement to Purchase Therapeutic Residential Child Care Facility , Services and Residential Child Care Facility Services (the "Agreement") between Shiloh" House and Weld County Department of Human Services for the period from / July 1, 2009 through June 30, 2010. The following provisions, made this.- / aay of , 2009, are added to the referenced Agreement. `"cP Except as modified hereby, all terms of the Agreement Amain unchanged. 1. County and Contractor, identified as Provider ID#1539982, agrees as follows: A. Contractor will provide six (6) guaranteed Therapeutic Residential Child Care Facility (TRCCF) beds, located at 745 Highway 119, Longmont, CO, for the exclusive use of the County. County agrees to pay $175.59 per day for each guaranteed bed that is not filled by a County youth. B. Contractor will provide Gait.: Maintenance, Administrative Maintenance and Services, which are listed in this Agreement at a rate of $175.59 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 $175.59 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. 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 administrative maintenance and administrative services or may be a reduced rate that is mutually agreed upon. 3. Add Paragraph 6 to Section 1. The services purchased under this Agreement as Child Maintenance, Administrative Maintenance and Services for Therapeutic Residential Child Care Facilities and Residential Child Care Facilities include, but are not limited to: Food, shelter, clothing, personal needs and allowance, administration, administrative overhead, support staff, support overhead, sleep -over staff, direct child care, transportation, therapeutic recreation, service delivery staff, parent training for teens, independent living training, mentor/advocate, supervised visitation and all other services as outlined in the 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. 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 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; 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 in which it is a party defendant or respondent in a case, which involves services provided under the agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Human Services' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure. IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. ATTEST: Weld County Clerk to the Bo Deput Clerk to the Bo 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 Chair Signature, William F. Garcia MAY 2 7 2009 CONTRACTOR Shiloh House 6400 W Coal Mine Ave Littleton, CO 80123 By: 5 p`w..t"' S even E. Ramire (z vg CEO 0,9C09 -/o207/ Hello