HomeMy WebLinkAbout20081113.tiff WELD COUNTY ADDENDUM
To that certain Agreement to Purchase Therapeutic Residential Child Care
Facility Services and Residential Child Care Facility Services (the
"Agreement") between Namaqua Center/LCMH and Weld County
Department of Social Services for the period from
October 26, 2007 through June 30, 2008.
The following provisions, made this,27& day of (D,,, , 2008, are added to the referenced
Agreement. Except as modified hereby, all terms of the Agreement remain unchanged.
County agrees to purchase and Contractor, identified as Provider ID#1547530, agrees to
provide:
A. Child Maintenance, Administrative Maintenance and Services, which are listed in
this Agreement at a rate of$178.08 per day for children placed within the
Therapeutic Residential Child Care Facility.
B. Child Maintenance, Administrative Maintenance and Services, which are listed in
this Agreement at a rate of$178.08 per day for children placed within the
Residential Child Care Facility.
C. Additional services not covered by Medicaid or considered within the above
vendor rate. These additional services/rates 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. 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 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%);
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(i n S S Weld County SS-23A Addendum010 _ ///
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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 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 Social 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;
2 Weld County SS-23A Addendum
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.
11. 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 Social Services Policy
and Procedure Manual.
12. 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.
13. 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.
14. Add Paragraph 9 to Section VI. The Director of Social 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
Social Services. Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social 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 Social Services and the
Contractor, or by Social Services as a debt to Social Services or otherwise as
provided by law.
3 Weld County SS-23A Addendum
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15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social 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
Social 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.
LaWd.44
ATTEST:
Weld Co o the Board
‘A 'La
WELD COUNTY BOARD OF
SOCIAL SERVICES, ON BEHALF
' 1 OF THE WELD COUNTY
DEPARTMENT OF SOCIAL
SERVICES
C
By: � 1z-'Ge'l i��' c5�<'. tm
By: �L� Z�
DeputytClerk to the Boar William H. Jerke, Chair
APR 1 4 2008
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SGNA1URES ONLY
CONTRACTOR
Namaqua Center/LCMH
404 East 7th Street
Lovela d, CO 805
By:
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Direct
4 Weld County SS-23A Addendum
&WS- 1/13
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
OFax Number(970)353-5215
•
COLORADO
MEMORANDUM
TO: Judy Griego - Director
FROM: Lesley Cobb - Child Welfare Rate Negotiator
DATE: March 3, 2008
SUBJECT: Weld County Addendums to the Agreement to Purchase — State
SS-23A
Attached please find the Weld County Addendums to the Agreement to Purchase RCCF/TRCCF
Services for the following provider:
1) Namaqua Center/LCMH—Provider ID #1547530
2) Namaqua Center/LCMH—Provider ID #1547532
These contracts have been approved for consent by the Board of County Commissioners
however; I am requesting your signature along with the Boards to complete this contract
for the FY 2007-2008. If you have any questions please call me at Ext. 6441.
2008-1114
2008-1113
Hello