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HomeMy WebLinkAbout20083142.tiff MEMORANDUM a ft �"� DATE: November 25, 2008 WIlDTO: William H. Jerke, Chair, Board of Cou ty C,pmm,issioners O FROM: Judy A. Griego, Director, Human, rvice�b�epdden`₹"ti COLORADO RE: Addendum to the Agreements to Purchase Out-of-Home Placement Services for Therapeutic Residential Child Care Facility Services and Residential Child Care Facility Services between the Weld County Department of Human Services and Various Providers for Consent Agenda Enclosed for Board approval are Addendums to the Agreements to Purchase Out-of-Home Placement Services for Therapeutic Residential Child Care Facility Services and Residential Child Care Facility Services between the Weld County Department of Human Services and various providers. These Agreements can be placed on the Consent Agenda. The major provisions of these Agreements are listed below: No. Provider Rate I. PSI Cedar Springs $180.75 per Day 2. Tennyson Center $180.75 per Day The term for these Agreements is July 1, 2008 through June 30, 2009. If you have questions, please give me a call at extension 6510. Hg C7? 1 ( C 1 i(i'i,di >`le\C i v(C, 2008-3142 I * .)(Cs R (I ; 1IS %;9 —U3 --LI)?' s cie( d DEPARTMENT OF HUMAN SERVICES P.O. BOX A i G Co. 80632 �1 Website:GREELEY, wvim.co. eld.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 Rate Negotiator DATE: October 23, 2008 SUBJECT: Weld Addendum to the Agreements to Purchase Out-of-home Placement Services (SS-23A) Attached please find the Weld Addendum to the Agreement to Purchase Out-of-home Placement Services (SS-23A) for the following providers: 2135 Southgate Colorado Springs 1 PSI Cedar Springs 1517006 $180.75 $180.75 Rd CO 80906 2 2950 Tennyson Tennyson Center 45205 $180.75 $180.75 St. Denver CO 80212 These contracts have been presented for consent approval to the Board of County Commissioners however; I am requesting your signature along with the Boards to complete these contracts for the FY 2008-2009. If you have any questions please call me at Ext. 6441 WELD COUNTY ADDENDUM To that certain Agreement to Purchase Therapeutic Residential Child Care Facility Services and Residential Child Care Facility Services (the "Agreement") between PSI Cedar Springs Hospital, Inc. 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 cti , 2008, are added to the referenced Agreement. Except as modified hereby, all terms o th9Agreement remain unchanged. I. County agrees to purchase and Contractor, identified as Provider ID#1517006, agrees to provide: A. Child Maintenance, Administrative Maintenance and Services, which are listed in this Agreement at a rate of$180.75 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$180.75 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%); Weld County 55-23A Addendum _} 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 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 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. 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: ii iM"'__ Weld County t.erlt p and (f WELD COUNTY BOARD OF ti ?� HUMAN SERVICES, ON BEHALF % �\ _ OF THE WELD COUNTY E DEPARTMENT OF HUMAN '* \ SERVICES By: By: - Deputy erk to the Board Chair Signature CEO 0 1 2008 CONTRACTOR PSI Cedar Springs Hospital, Inc. 2135 Southgate Rd Colorado Springs, CO 80906-2605 n ' B : � 6� 111" "`--- WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: 'rector 4 Weld County SS-23A Addendum 07o4;P_ 3/ • WELD COUNTY ADDENDUM To that certain Agreement to Purchase Therapeutic Residential Child Care Facility Services and Residential Child Care Facility Services (the "Agreement") between Tennyson Center for Children 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 }j ',d , 2008, are added to the referenced Agreement. Except as modified hereby, all terms athe Agreement remain unchanged. 1. pounty agrees to purchase and Contractor, identified as Provider ID#45205, agrees to provide: Child Maintenance, Administrative Maintenance and Services, which are listed in [tl1 this Agreement at a rate of$180.75 per day for children placed within the 0 Therapeutic Residential Child Care Facility. 13. Child Maintenance, Administrative Maintenance and Services, which are listed in o this Agreement at a rate of$180.75 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%); 1 Weld County SS-23A Addendum 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 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; 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. 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: tataili" " i"ti Weld County Clerk to the Board IF,fitt,. WELD COUNTY BOARD OF C: HUMAN SERVICES, ON BEHALF IN -�=F ' .4 OF THE WELD COUNTY ) ' 1 J DEPARTMENT OF HUMAN FT:' ../-)/ SERVICES By By: a\n. kin-- Deputy erk to the Board Chair Signature CEO 0 12008 CONTRACTOR Tennyson Center for Children 2950 Tennyson St Denver, CO 80212-302 By: ,tei 641 WELD COUNTY DEPARTMENT 6224, 9 44 OF HUMAN SERVICES By: irector 4 Weld County SS-23A Addendum Hello