Loading...
HomeMy WebLinkAbout20091685.tiffRESOLUTION RE: APPROVE COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH 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 a Colorado Works Program Agreement for 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 North Range Behavioral Health, commencing July 1, 2009, and ending June 30, 2010, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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, that the Colorado Works Program Agreement for 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 North Range Behavioral Health be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2009, nunc pro tunc July 1, 2009. ATTEST: Weld County Clerk to the to the Board ounAttorney Date of signature BOARD OF COUNT COMMISSIONERS WELD COUNTY! CO)xORADO illiam F. Garcia, Chair Sean Conway David E. Long 2009-1685 ac: nC3/4 6742-8/07 H R0080 MEMORANDUM WiCY C. FROM: Judy A. Griego, Director, Human DATE: July 16, 2009 TO: William F. Garcia, Chair, Board of Qoun)y Cc mi ners COLORADO RE: Colorado Works Agreement for Services between the Weld County Department of Human Services and North Range Behavioral Health Enclosed for Board approval is a Colorado Works Agreement for Services between the Weld County Department of Human Services and North Range Behavioral Health. This Agreement was presented at the Board's July 14, 2009, Work Session. The terms of this Agreement are as follows: No Provider/Term Program Area/ Funding Rates 1 North Range Behavioral Health July 1, 2009 — June 30, 2010 Alcohol and drug screening TANF Max. $18,000 Screening & Assessments Max. $5,100 Alcohol & Drug Education If you have questions, please give me a call at extension 6510. 2009-1685 Contract Number: TANF-09-10-0001 COLORADO WORKS AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement, made and entered into the day of June 2009, by and between the Board of Weld County Commissioners, sitting as the Board of Human Services, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Human Services," and North Range Behavioral Health, referred to as "North Range". WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, Human Services and North Range desire to enter into an agreement to provide assistance to TANF families by offering alcohol and drug screening, assessments, and therapy to those in need. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on July 1, 2009, upon proper execution of this Agreement and shall expire June 30, 2010. 2. Scope of Services Services shall be provided by North Range to any person(s) eligible for Temporary Assistance to Needy Families in compliance with Exhibit A "Scope of Services", a copy of which is attached hereto and incorporated herein by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," copies of which are attached and incorporated by reference. "Payment Schedule" shall establish the maximum reimbursement per month, which will be paid from Temporary Assistance to Needy Families funds during the duration of this Agreement. b. North Range shall submit an itemized monthly bill to Human Services for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by Human Services. The Contractor shall submit all itemized monthly billings to Human Services no later than the twentieth (20) day of the month following the month the cost was incurred. Failure to submit monthly billings in accordance with the terms of this agreement may result in North Range's forfeiture of all rights to be reimbursed for such expenses. In the event of a forfeiture of reimbursement, North Range may Page 1 of 5 Contract Number: TANF-09-10-0001 appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Temporary Assistance to Needy Families funds. d. Human Services shall not be billed for, and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 4. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. North Range shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. Human Services may withhold any payment if North Range has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, North Range may appeal such circumstance to the Director of Human Services. The decision of the Director of Human Services shall be final. 5. Assurances North Range shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, North Range shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to the Contract. North Range acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations, 45 C.F.R. Part 84; and the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulations, 45 C.F.R. Part 91; and Title VII of the Civil Rights Act of 1964; and the Age Discrimination in Employment Act of 1967; and the Equal Pay Act of 1963; and the Education Amendments of 1972; and Immigration Reform and Control Act of 1986, P.L. 99-603; 42 C.F.R. Part 2 45C.F.R. (HIPAA) Page 2 of 5 Contract Number: TANF-09-10-0001 and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. Certifications North Range certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 8. Monitoring and Evaluation North Range and Human Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by North Range and Human Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and North Range. North Range shall permit Human Services, and any other duly authorized agent or governmental agency, to monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find North Range 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 North Range. These remedial actions are as follows: a. Withhold payment of North Range 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 North Range Page 3 of 5 Contract Number: TANF-09-10-0001 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. Incorrect payment to North Ranges due to omission, error, fraud, and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between Human Services and North Range, or by Human Services as a debt due to Human Services or otherwise as provided by law. 11. Representatives For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For Human Services: John Kruse Name For North Range: Public Assistance Administrator Title Wayne A. Maxwell Executive Director Name Title 12. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent: To: Human Services To: North Range Judy A. Grieco, Director P.O. Box A Greeley, CO 80632 13. Litigation Wayne A. Maxwell, Executive Director 1300 North 17th Avenue Greeley, CO 80631 North Range shall promptly notify Human Services in the event that North Range learns of any actual litigation in which it is a party defendant in a case which involves services provided under this Agreement. North Range, 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, reorganization and/or foreclosure. Page 4 of 5 Contract Number: TANF-09-10-0001 14. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: WELD COUNTY CLERK TO THE BOA By: ✓. Deputy Cler y Attorney WELD COUNTY DEPARTMENT OF HUMAN SERVIC By: Page 5 of 5 BOARD OF COUNTY COMMISSIONERS COUNTY, By: Chair , 'William F. Garcia 07/20/2009 NORTH RANGE BEHAVIORAL HEALTH BY W7Gc Wayne A. Maxwell, Executive Director am 9_, /ecP, Contract Number: TANF-09-10-0001 EXHIBIT A SCOPE OF SERVICES: • Screening & Scoring of Substance Abuse Subtle Screening Inventory — 3 (SASSI — 3) for TANF applicants • Level II Behavioral Health Assessment for TANF applicants • Detoxification, Outpatient, and Residential Alcohol\Drug Treatment Options for TANF recipients Clients referred to treatment must meet ASAM eligibility requirements for that level of care. Human Services' TANF Program will approve designated referrals and provide North Range with a referral authorization. REIMBURSEMENT: A. Screening and assessment will be provided to Temporary Assistance to Needy Families applicants or recipients as referred and identified by the Department of Human Services. Payment will be a based on the following schedule: Screenings Up to 50 per month 51 to 75 per month 76 to 100 *Assessments 2 3 5 Rate per Month $700.00 $975.00 $1300.00 * If the number of Assessments performed each month exceeds the indicated amount per these rate groups then each additional assessment will be billed at $150.00 each. B. Therapy options will be provided to TANF recipients as referred and identified by the Department of Human Services. C. SASSI forms costs will also be charged to the Department of Human Services. See attached fee schedule (Attachment A) for treatment services if approved. MONTHLY BILLINGS: North Range will mail monthly billings no later than the 20th day of each month for services rendered the month before to: John Kruse Weld County Department of Human Services 315 N. 11th Ave. Greeley, CO 80631 Payment in full for services rendered is due within thirty (30) days of the billing date. Page 1 of 1 Contract Number: TANF-09-10-0001 ATTACHMENT A Fee Schedule 2009-2010 Assessments Level II Behavioral Health Assessment Off -site Level II Behavioral Health Assessment Treatment Options Co -Occurring Alcohol and Drug with Domestic Violence Group Therapy ($50 per group) Family Therapy ($80 session maximum) Intensive Family Therapy ($80 session maximum) Individual Counseling Substance Abuse Group Therapy ($50 per group) Adult Intensive Outpatient Group ($60 per group) Women's Services Level II Behavioral Health Assessment Individual Counseling Group Counseling ($50 per group) Special Connections - Treatment for pregnant women and postpartum women (Medicaid reimbursement eligible) • If on Medicaid, North Range will bill Medicaid directly. • If not on Medicaid, fees are as stated above in Women's Services. Youth Services Adolescent Detox Adolescent EOP ($60/Group) Level II Behavioral Health Assessment Family Counseling Individual Counseling Outpatient Group Counseling ($50 per group) Miscellaneous Services Case Aide/Case Management Services Expert Court Testimony (Non -Medical) Case Consultation (Interdisciplinary Assessment Process) Enhanced Services Substance Abuse Residential Services Adult Residential Services (North Range) Out -of -Area Adolescent and Adult Residential Services Methadone Other Services Breathalyzer Testing Urinalysis Testing (7 -Panel) Urinalysis Testing (5 -Panel) $150.00 $250.00 $ 25.00/hour $ 80.00/hour $ 80.00/hour $ 70.00/hour $ 25.00/hour $ 30.00/hour $150.00 $ 70.00/hour $ 25.00/hour $185.00/day $ 30.00/hour $150.00 $ 80.00/hour $ 70.00/hour $ 25.00/hour $ 35.00/hour $ 70.00/hour $ 35.00/hour Negotiated on a case by case basis. $132.00/day Negotiated on individual basis. Negotiated on individual basis. $ 5.00/test $ 15.00/test $ 12.00/test Contract Number: TANF-09-10-0001 UA Confirmation - GCMS. Monitored Antabuse (If client is currently enrolled in weekly counseling program(s) of North Range Center.) Patch Monitoring (includes confirmation) SWAB SWAB Confirmation - GCMS $ 35.00 No Charge $ 50.00/ patch $ 15.00/test $ 35.00/each Contract Number: TANF-09-10-0001 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Human Services agrees to reimburse to North Range in consideration for the work and Services performed, a total amount not to exceed Eighteen Thousand dollars ($18,000) as outlined in Exhibit A for screening and assessments and a total amount not to exceed Five Thousand One Hundred dollars ($5,100) for alcohol and drug education awareness. Expenses incurred by North Range, in association with said project prior to the term of this agreement, are not eligible Human Services expenditures and shall not be reimbursed by Human Services. Payment pursuant to this Contract, whether in whole or in part, is subject to and contingent upon the continuing availability of Temporary Assistance to Needy Families funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by Human Services, Human Services may immediately terminate this Contract or amend it accordingly. 2. Submittal of Vouchers North Range shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. Page 1 of 1 Contract Number: TANF-09-10-0001 EXHIBIT C ASSURANCES I. North Range agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of North Range or its employees, volunteers, or agents while performing duties as described in this Agreement. North Range shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. North Rangeshall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, North Range shall provide Human Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. North Range assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. North Range assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors and representatives to audit and monitor North Range. Page 1 of 4 Contract Number: TANF-09-10-0001 9. All such records, documents, communications, and other materials shall be the property of Human Services and shall be maintained by North Range, in a central location and custodian, in behalf of Human Services, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit finding. 10. North Range assures that authorized local, federal and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. North Range or Human Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. North Range certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of North Range, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. North Range assures that it will fully comply with all other applicable federal and state laws. North Range understands that the source of funds to be used under this Contract is: Family Issues Cash Funds. 14. North Range assures and certifies that it is and it's principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a federal department of 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; Page 2 of 4 Contract Number: TANF-09-10-0001 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 11(b) of this certification; and d. Have not with a three-year period preceding this Contract, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services when North Range also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, North Range shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, North Range shall submit to Human Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Human Services' termination, for cause, of its contract with North Range. 16. North Range shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of North Range shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with North Range written policies governing access to, duplication and dissemination of, all such information. North Range shall advise its employees, agents, and subcontractors, if any, that they are subject to these confidentiality requirements. North Range shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by North Range in the course of providing services under this Contract will be accorded at least the same precautions as are employed by North Range for similar information in the course of its own business. Page 3 of 4 Contract Number: TANF-09-10-0001 18. North Range certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub- contractors. 19. North Range certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. North Range shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a sub -contractor that fails to certify to North Range that the sub -contractors shall not knowingly employ or contract with an illegal alien to perform work under this Contract. North Range represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Human Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). North Range shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If North Range fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Human Services may terminate this Contract for breach and North Range shall be liable for actual and consequential damages to Human Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if North Range receives federal or state funds under this Contract, North Range must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Contract. If North Range operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24- 76.5-103 prior to the effective date of this Contract. Page 4 of 4 Hello