HomeMy WebLinkAbout20082621.tiff RESOLUTION
RE: APPROVE ADDENDUM TO AGREEMENT TO PURCHASE RESIDENTIAL CHILD CARE
FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN -YOUTH VILLAGES
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 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 Youth Villages, commencing July 1, 2008, and ending June 30,2009,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,that the Addendum to the Agreement to Purchase 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 Youth
Villages, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said addendum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of September, A.D., 2008, nunc pro tunc July 1, 2008.
IE Lam` BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,v7�� �pl t ; ''' 3 O F472
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Wi im 4. Jerke, Chair
Weld County Clerk to th RP
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►� Robert1D Masd Pro-Tem
BY: .L.::t / l^ �� ►]I/
De.0 ClerRto the Board 2>
Will . Garcia
A OV A
David E. Long
unty rney
ougla Radem c er
Date of signature: j0 li k
2008-2621
HR0079
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MEMORANDUM 44,t,` DATE: September 25, 2008
TO: William H. Jerke, Chair, Board of County Commi sion s
O FROM: Judy A. Griego, Director, Human Serid s ep ent
COLORADO RE: Addendum to the Out-of-Home Placement Services
Agreement for Residential Child Care Facility between the
Weld County Department of Human Services and Youth
Villages
Enclosed for Board approval is an Addendum to the Out-of-Home Placement Agreement for
Residential Child Care Facility between the Weld County Department of Human Services and
Youth Villages. This Agreement was presented at the Board's September 8, 2008, Work
Session.
The major provisions of this Agreement are:
1. Youth Villages is an Out-of-State Residential Child Care Facility in Memphis,Tennessee.
2. Youth Villages shall provide Child Maintenance,Administrative Maintenance and Services
at a rate of$390.00 per day for children placed within the Facility.
3. The term of this Agreement is from July 1, 2008 through June 30, 2009.
If you have questions please give me a call at extension 6510.
2008-2621
r
WELD COUNTY ADDENDUM
To that certain Agreement to Purchase Residential Child Care Facility
Services (the "Agreement") between Youth Villages and Weld County
Department of Human Services for the period from
July 1,2008 through June 30, 2009.
The following provisions, made this ( day of , 2008, are added to the referenced
Agreement. Except as modified hereby, all terms o t Agreement remain unchanged.
1. County agrees to purchase and Contractor, identified as Provider ID#1511780, agrees to
provide:
A. Child Maintenance, Administrative Maintenance and Services, which are listed in
this Agreement at a rate of$390.00 per day for children placed within the
Residential Child Care Facility.
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. No child maintenance
will be paid for bed holds, due to the child's absence.
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%)
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 under this contract for facilities that
1 Weld County SS-23A Addend
7uMmm
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. 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 60 days 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.
2 Weld County SS-23A Addendum
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.
3 Weld County SS-23A Addendum
1 • .
• IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day,
month, and year first above written.
ATTEST: Atigid 4
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Weld County Cle rd
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, WELD COUNTY BOARD OF
f �� HUMAN SERVICES, ON BEHALF
OF THE WELD COUNTY
c, ja ? DEPARTMENT OF HUMAN
i "'�' -,",,/ SERVICES
By: l# By: 1--)--i--/..—.
Deputy rk to the Board Chair Signature
William H. Jerke Chair
09/29/2008
CONTRACTOR
Youth Villages
PO Box 341154
Me184- 1
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Pat
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By: I e
irector
4 Weld County SS-23A Addendum
070?-076,7,
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