HomeMy WebLinkAbout20072184.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE CONTRACT FOR FUNCTIONAL FAMILY
THERAPY PROGRAM 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 Purchase of Service Contract for
Functional Therapy Program 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 Social Services,
and North Range Behavioral Health, commencing June 1, 2007, and ending May 31, 2008, with
further terms and conditions being as stated in said contract, and
WHEREAS,after review, the Board deems it advisable to approve said contract, 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, ex-officio Board of Social Services, that the Purchase of Service Contract for
Functional Therapy Program 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 Social 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 contract.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of August, A.D., 2007, nunc pro tunc June 1, 2007.
BOARD OF COUNTY COMMISSIONERS
�►/�� WEOUNTY, CO ORADO
ATTEST: 44
avid E. Long, Chair
Weld County Clerk to the •=
=r�BY: r//rAr ' iam . Je i - ` o em
Deputy Cler to the Board
Willi arcia�. 1
APPR S T • 1
Robert D. Masden
unty Attorney
Douglas ademache
3-6-0
Date of signature:
2007-2184
SS0034
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Kit v a
DEPARTMENT OF SOCIAL 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
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•
COLORADO
MEMORANDUM
TO: David E. Long, Chair Date: July 27, 2007
Board of County Commissioners
-�
FR: Judy A. Griego, Director, Social Services _ t1,\(:) (its l RE: Purchase of Service Contract between the Weld County
Department of Social Services and North Range Behavioral Health
—Functional Family Therapy (FFT)
Enclosed for Board approval is a Purchase of Services Contract between the Weld
County Department of Social Services (Department) and North Range Behavioral 1-IIlthn
(North Range). This Contract was reviewed at the Board's Work Session helbon Aril jrn
9, 2007. �-., r-
o cNiin
The major provisions of the contract are as follows: 7
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1. The term of the contract is June 1, 2007 through May 31, 2008. G
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2. The source of funding is Core Services funding.
3. North Range will provide Functional Family Therapy (FFT) services for families
involved in the child welfare system. FFT is a family-based treatment program
that focuses on conduct disorder, violent acting out, and substance abuse among
youth 10 through 18 years of age.
4. The Department will reimburse North Range $550 per month per client/family
at a maximum reimbursement level of$110,000.
If you have any questions, please telephone me at extension 6510.
2007-2184
North Range Behavioral Health-Functional Family Therapy Program
Core/Family Preservation Services Program
Purchase of Service Contract for State Fiscal Year 2007-2008
1. THIS CONTRACT is made by and between the County of Weld,a political subdivision of the State of
Colorado, by and through the Board of Commissioners of the County of Weld, on behalf of the Weld
County Department of Social Services, whose address is 315 N. 11th Avenue, Greeley, Colorado 80631,
hereinafter referred to as"County,"and North Range Behavioral Health, (NRBH)whose address is 1306
11`h Ave, Greeley Colorado, 80631,hereinafter referred to as"Contractor."
2. This contract will be effective from June 1,2007 until May 31,2008, but may be sooner terminated by
either party upon the provision of written notice of such termination to the other party received at least
thirty(30)days prior to the date of termination.
3. County agrees to purchase and Contractor agrees to provide Functional Family Therapy("FFT
Services") to such children and/or families("Client") and at such locations that are designated by County.
FFT is an intensive family-based treatment that addresses the pervasive patterns of relational dysfunction
known to be determinants of conduct disorder, violent acting out,and substance abuse among youth 10-18
years old. FTT addresses the multiple factors known to be related to delinquency and therefore strives to
enhance both the safety of the individual and family directly receiving FFT services as well as the safety of
the greater community in which the youth resides. Contractor's staff are expected to follow the national
FFT model and its standards in providing services to clients. The FFT Services shall be priced at$550 per
month per client/family unit, and shall be pro-rated for any partial month of service. Total payment by
County for all FFT Services provided by Contractor pursuant to the terms of this Contract shall not exceed
SII0.000.
4. The parties agree that the Contractor's relationship to the County is that of an independent contractor.
5. The parties agree that payment pursuant to this Contract is subject to,and contingent upon,the continuing
availability of funds for the purpose thereof.
6. County agrees to:
a) Determine Client eligibility for FFT Services and, as appropriate, to provide information regarding
any rights such Clients who are deemed to be ineligible may have to fair hearings.
b) Provide Contractor with written prior authorization for each Client authorized by County for FFT
Services to be purchased, by providing Contractor with a completed Core Service Agreement form
(a copy of which is attached hereto), including the name and address of the Client, the requested
dates for the provision of FFT Services, and such social, medical, and educational information as
may be appropriate. A properly completed Core Service Agreement form must be presented to the
Contractor prior to the provision of FFT Services. The provision of FFT Services to a specific
client without proper completion of this form and delivery to County may result in nonpayment to
Contractor.
c) Pay Contractor after receipt of billing statements for services rendered satisfactorily and in
accordance with this Contract. Core providers are paid through a state payment system called
Trails. This process occurs only once per month as scheduled by the state. The state system
prevents payment for services that are more than 90 days old.
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7. Contractor agrees to:
a) Not charge clients any fees related to services provided under this contract.
b) Hold the necessary license(s) and/or registration in state database and provide documentation,
which permits the performance of the service to be purchased, and/or to meet applicable State
Department of Human Services qualification requirements. As the provider adds new staff or
assigns existing staff to perform Core services,the provider must provide the names of these staff
to Weld County DHS for checking in the state database system. Even unlicensed psychotherapists
practicing in the state of Colorado are required to be registered in the state professional
registration database of the Division of Registrations.
c) Comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act
of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs,
national origin, or handicap.
d) Provide the FFT Services described herein at cost not greater than that charged to other persons in
the same community.
e) Submit a complete billing statement for the previous month's FFT Services by the 5th day of the
following month, including the names of clients and their children,the dates of services & the
hours provided where applicable.
0 Safeguard information and confidentiality of the child and the child's family in accordance with
rules of the Colorado Department of Human Services and the County Department of Human
Services.
g) Provide County with reports on the provision of FFT Services, as follows:
• Within 30 days of enrollment/participation, submission of a treatment plan to County and a
copy in Contractor's file for the child/child's family with specific objectives and target dates
is required.The treatment plan is subject to County approval.
• At intervals of I month, from the time of enrollment/participation, submission of reports that
include progress and barriers in achieving provisions of the treatment plan to the County and a
copy in Contractor's file.
h) Provide access for any duly authorized representative of the County or the Colorado Department
of Human Services until the expiration of five(5)years after the final payment under this contract,
involving transactions related to this Contract. The Weld County Core Service Coordinator may
conduct quarterly audits. If the Contractor is unable to provide supporting documentation of
service(s) billed for, the County will back bill for dates of service(s) not rendered and/or
documented.
i) indemnify Weld County, Colorado, Department of Social Services from the action based upon or
arising out of damage or injury, including death,to persons or property caused or sustained in
connection with the performance of this contract by Contractor,or by conditions created thereby,
or based upon any violation by Contractor of any statue, regulation, and the defense of any such
claims or actions.
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j) Comply by June 1,2007,or no later than the date that services are to begin, with all County
insurance requirements providing proof of professional liability insurance(no additional insured
required for professional insurance) and commercial general liability insurance, with Weld
County, by and through the Board of County Commissioners of Weld County,its employees
and elected officials,named as Additional Named Insureds.No services will be authorized until
all insurance requirements have been met and proof of insurance for professional liability and
commercial general liability has been provided.
k) Not provide services for Core Service clients without written authorization using the Core Service
Agreement, with all appropriate signatures,unless emergency placement services are required by
the Caseworker and Supervisor.
I) Comply with Insurance Requirements hereto attached and incorporated as Exhibit A.
m) Comply with Assurances hereto attached and incorporated as Exhibit B.
8. In addition to the foregoing, County and Contractor also agree:
a) Insurance benefits or benefits from other funding sources such as victim's compensation must be
exhausted before FFT Services can be requested and/or utilized.
b) If FFT Services are authorized,no other benefits from any other businesses/agencies will be
applied for and/or used for payment.
c) Notwithstanding the above,the Contractor shall not be relieved of liability to County for damages
sustained by the County by virtue of any breach of contract by the Contractor, and County may
withhold any payments to the Contractor for the purpose of setoff until such time as the exact
amount of damages due the County from the Contractor is determined.
d) Where the Contractor violates or breaches contract terms,the County may, in its discretion and in
addition to terminating this Agreement, institute such administrative,contractual, legal or
equitable remedies available to the County as may be appropriate. In such event,the Contractor
shall,to the extent permitted by Colorado law,pay County's costs and reasonable attorney fees
incurred thereby.
9. Termination: Either party may terminate this Contract by thirty(30) days prior notification in writing.
10. Confidentiality. It is agreed that, during and after the term of this Agreement, all parties shall comply with
the rules and regulations of the Health Insurance Portability Act of 1996 (HIPAA)and the Federal Alcohol
and Drug Confidentiality Regulation regarding all clinical records and financial information related to
Covered Persons, as well as to all statistical data, reports and standards. The parties shall utilize their best
efforts to implement appropriate physical,technical and administrative safeguards to prevent and protect
such information from authorized disclosure. Notwithstanding the foregoing,the parties shall allow access
by Covered persons to their own clinical information subject to Applicable Law.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and
year first above wri en. 'n+`
- ATTEST: � ®��
Weld County Clerk to the Boar. #11 imp
BOARD OF COUNTY COMMISSIONERS
1861 ;I`. ., WELD COUNTY,COLORADO
her
BY: / C 661/!
Deputy Clerk to the Board ��"�:� � David . Long, Chair AU O 1 2007
APPROyW AS TO FO
NORTH RANGE BEHAVIORIAL HEALTH
C ty Attomey /,/ n l /O
Wayne Maxwell,Executive Director
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
;ud � . Gtlie o, Dir c r
i
Page 4 of 4
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to commencement of any work, Contractor shall forward Certificates of Insurance with Weld County, by and
through the Board of County Commissioners of Weld County,its employees and elected officials, named as
Additional Named Insureds, to Weld County Department of Social Services,315 N. 11th Avenue,Greeley,
Colorado 80631.
The insurance required shall be procured and maintained in full force and effect for the duration of the contract and
shall be written for not less than the following amounts, or greater if required by law. Certificate Holder should be
Weld County at the above address.
I. Workers' Compensation and Employers' Liability
A. State of Colorado: Statutory
B. Applicable Federal: Statutory
C. Employer's Liability: $100,000 Each Accident
$500,000 Disease-Policy
Limit
$100,000 Disease-Each
Employee
II. Commercial General Liability on an Occurrence Form including the following coverages: Premises
Operations; Products and Completed Operations; Personal and Advertising Injury;Medical Payments;
Contractual Liability; Independent Contractors;and Broad Form Property Damage. Coverage provided
should be at least as broad as found in Insurance Services Office (ISO) form CG0001. Minimum limits to
be as follows:
A. Bodily Injury& Property Damage General Aggregate Limit $1,000,000
B. Products&Completed Operations Aggregate Limit $1,000,000
C. Personal & Advertising Injury Limit $500,000
D. Each Occurrence Limit $500,000
Other General Liability Conditions:
1. Products and Completed Operations to be maintained for one year after final payment. Contractor
shall continue to provide evidence of such coverage to the County on an annual basis during the
aforementioned period (as appropriate).
2. Contractor agrees that the insurance afforded the County is primary.
3. If coverage is to be provided on Claims Made forms,contractor must refer policy to Risk
Management Department for approval and additional requirements.
111. Professional Liability:
$1,000,000
IV. Commercial Automobile Liability coverage to be provided on Business Auto,Garage, or Truckers form.
Coverage provided should be at least as broad as found in ISO form CA0001 (BAP), CA0005 (Garage)or
CA0012 (Trucker) including coverage for owned, non-owned, &hired autos. Limits to be as follows:
A. Bodily Injury& Property Damage Combined Single Limit
$1,000,000
B. Medical Payments $5,000 per person
C. Uninsured/Underinsured Motorist Colorado $100,000
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V. All Insurance policies (except Workers Compensation and Professional Liability) shall include Weld
County, by and through its Board of County Commissioners and its elected officials and employees
as Additional Named Insureds.The additional named insured endorsement should be at least as broad as
ISO form CG20I0 for General Liability coverage and similar forms for Commercial Auto and Umbrella
Liability.
VI. The County reserves the right to reject any insurer it deems not financially acceptable by insurance industry
standards. Property and Liability Insurance Companies shall be licensed to do business in Colorado and
shall have an AM Best rating of not less than B+and/or VII.
VII. Certificates of insurance on all policies shall give the County written notice of not less than thirty(30)days
prior to cancellation or change in coverage.
VIII. Contractor shall furnish Weld County separate certificates of insurance for all contractors and sub-
contractors. Such certificate must meet all requirements listed above.
ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE APPROVED PRIOR TO
COMMENCEMENT OF WORK BY WELD.
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EXHIBIT B
ASSURANCES
I. CONTRACTOR 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 CONTRACTOR or its
employees, volunteers, or agents while performing duties as described in this Agreement. CONTRACTOR
shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld
County, its employees, volunteers, and agents. CONTRACTOR shall provide adequate liability and
worker's compensation insurance for all its employees,volunteers, and agents engaged in the performance
of the Agreement upon request, CONTRACTOR shall provide Social 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, not 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. CONTRACTOR 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. CONTRACTOR 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
CONTRACTOR.
9. All such records, documents, communications,and other materials shall be the property of Social Services
and shall be maintained by CONTRACTOR, in a central location and custodian, in behalf of Social
Services, for a period of four(4)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 four(4)year period, or if audit findings have
not been resolved after a four(4)year period, the materials shall be retained until the resolution of the audit
finding.
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10. CONTRACTOR 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.
I I. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. CONTRACTOR or Social Services may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on
behalf of CONTRACTOR, 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. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws.
CONTRACTOR understands that the source of funds to be used under this Contract is Child Welfare
Regular Administration funds.
14. CONTRACTOR assures and certifies that it and its 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;
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 1 I(b)of
this certification;and
d. Have not within 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 Social Services when
the contractor so 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, CONTRACTOR 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,CONTRACTOR shall submit to Social 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 Social
Services' termination, for cause, of its contract with CONTRACTOR.
16. CONTRACTOR 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
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administration of Child Protection,no information about or obtained from any applicant/recipient in
possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a
minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to,
duplication and dissemination of, all such information. CONTRACTOR shall advise its employees, agents,
and subcontractor, if any, that they are subject to these confidentiality requirements. CONTRACTOR 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 CONTRACTOR in the course of providing services under this Contract will be accorded
at least the same precautions as are employed by CONTRACTOR for similar information in the course of
its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal
background record checks for all employees, contractors, and sub-contractors
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-
101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor 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 Social Security Administration and Department of Homeland Security, and (b) otherwise will comply
with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor 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 Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et
seq., Social Services may terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to Social Services.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor
receives federal or state funds under this Contract, Contractor 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 Contractor
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.
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