HomeMy WebLinkAbout20093077.tiffMEMORANDUM
DATE: November 19, 2009
TO: William F. Garcia, Chair, Board of County Commissioners
C FROM
COLORADO RE:
Judy A. Griego, Director, Human Service Deparldte>�I r( oN
Weld County Addendum to the Agreement to Purchase
Residential Child Care Facility Services between the Weld
County Department of Human Services and Smith Agency
To Be Placed on Consent Agenda
Enclosed for Board approval is a Weld County Addendum to the Agreement ,o Pu chase, O,
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Residential Child Care Facility Services between the Department and Attadic�u lio nes. `{phis
Agreement was presented at the Board's November 16, 2009, Work Session. Please place on
Consent Agenda.
The major provisions of this Agreement are as follows:
No.
Provider/Term
Type of Facility/Location
Daily Rate
1
Smith Agency
October 1, 2009 — June 30, 2010
Residential Child Care Facility
Centennial, Colorado
$147.77
If you have any questions, give me a call at extension 6510.
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2009-3077
COLORADO
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 Rate Negotiator
DATE: November 2, 2009
SUBJECT: The Weld County Addendum to the Agreement to Purchase
Out -Of -Home Placement Services contract for Residential
Child Care Facility Services.
Attached please find the Weld County Addendum to the Agreement to Purchase Out -Of -Home
Placement Service Contract for Residential Child Care Facility Services for following provider:
Weld County
Residential Child Care Facility Providers
2009-2010
1 Smith Agency
7169 S. Liverpool St.
Centennial, CO 80016
$147.77
96482
This contract is with a new provider and has not been presented under the consent agenda. I am
requesting this be put on the next work session in order to be signed and approved by the Board
of County Commissioners. If you have any questions please call me at Ext. 6441
WELD COUNTY ADDENDUM
2- n„
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To that certain Agreement to Purchase Residential Child Care Facility '
Services (the "Agreement") between Smith Agency and Weld County
Department of Human Services for the period from
October 1, 2009 through June 30, 2010.
The following provisions, made this / day of er, yt , 2009, are added to the referenced
Agreement. Except as modified hereby, all terms of the Agreement remain unchanged.
1. County agrees to purchase and Contractor, identified as Provider ID#96482, agrees to
provide:
A. Child Maintenance, Administrative Maintenance and Services, which are listed in
this Agreement at a rate of $147.77per day for children placed within the
Residential Child Care Facility 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. 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 I. The services purchased under this Agreement as Child
Maintenance, Administrative Maintenance and Services for 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%)
Weld County SS -23A Addendum
4. Add Paragraph 8 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 9 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. Provider
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 after placement, dental examinations within 8 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.
2 Weld County SS -23A Addendum
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.
3
Weld County SS -23A Addendum
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 Board
B
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
Chair Signature
NOV 2 3 2009
CONTRACTOR
Smith Agency
7169 S. Liverpool St.
Centennial, CO 80016
By: M 5
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Weld County SS -23A Addendum
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