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Home My WebLink About20072831.tiff RESOLUTION RE: APPROVE ADDENDUMS TO FIVE AGREEMENTS TO PURCHASE GROUP HOME/ GROUP CENTER CARE SERVICES AND AUTHORIZE CHAIR TO SIGN 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 Addendums to five Agreements to Purchase Group Home/Group Center Care 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 Social Services, and the following providers, commencing July 1, 2007, and ending June 30, 2008, with further terms and conditions being as stated in said addendums, and 1. A Kidz Hope Homes, Inc. 2. Evergreen Group Center 3. Griffith Center for Children 4. Loving Homes, Inc. 5. REM Colorado, Inc. WHEREAS,after review,the Board deems it advisable to approve said addendums,copies of which are 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 Addendums to five Agreements to Purchase Group Home/Group Center Care 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 Social Services,and the various providers listed above be,and hereby are,approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said addendums. 2007-2831 SS0034 7n SS Of a7 -OR ADDENDUMS TO FIVE AGREEMENTS TO PURCHASE GROUP HOME/GROUP CENTER CARE SERVICES - VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 5th day of September, A.D., 2007, nunc pro tunc July 1, 2007. BOA OF COUNTY COMMISSIONERSWEL C UNT , COLORADO ATTEST: writ.- / /sue , . ". avid E. Long, Chair Weld County Clerk to the to o 1,9 William H. Jam,50-Tem BY: atI Dep ty Cle to the Boar William F. Garcia EDASTO Robert D. Masden ounty Attorney 1c, cr 414n opt-CQ.4r �1 3r�(� I Douglas'Rademacher Date of signature: I l 2007-2831 SS0034 Kit DEPARTMENT OF SOCIAL SERVICES P.O. BOX A IGREE111 LEY, 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: August 23, 2007 SUBJECT: Weld County Addendums to the Agreement to Purchase — State SS-23A Attached please find the Weld County Addendums to the Agreement to Purchase Group Home/Group Center Care services for the following providers: 1) A Kidz Hope Homes Inc. —Provider ID 1531612 $ 89.13/day 2) Evergreen Group Center—Provider ID 61317 $ 80.00/day 3) Griffith Center for Children—Provider ID 1531601 $115.00/day 4) Loving Homes, Inc. —Provider ID 8822 $ 71.11/day 5) REM Colorado, Inc. —Provider ID 1535698 $250.00/day I am requesting approval and your signature along with the Board of County Commissioner's to complete these contracts for the FY 2007-2008. If you have any questions please call me at Ext. 6441. 2007-2831 • WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between A Kidz Hope Homes Inc. and Weld County Department of Social Services for the period from July 1, 2007 through June 30, 2008. The following provisions, made this 1 day of tT /y , 2007, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of$89.13, per day for children placed within the Group Home/Group Center identified as Provider ID #1531612. 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. 3. Add Paragraph 6 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. 4. Add Paragraph 7 to Section I. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 5. Add Paragraph 8 to Section I. The services purchased under this Agreement for Group Home/Center services may include, but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), direct child care, transportation, administrative overhead, support overhead, service delivery staff, which may include but are not limited to: Parent training for teens, independent living training, mentor/advocate, and supervised visitation. 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. Weld County SS-23A Addendum • 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. 11. Section V, Paragraph 5. Children in Psychiatric Residential Treatment Facilities, 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. 2 Weld County SS-23A Addendum 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. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant 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. 3 Weld County SS-23A Addendum • ' ' IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. Amu ATTEST: ___ Weld Coun le I°61 t 'r \-11/42 WELD COUNTY BOARD OF ` SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY Nl ,• `11. DEPARTMENT OF SOCIAL SERVICES BY: 4;41M,iteki-lie/ikti By: Deputy the Board David E. Long, Chai P 052001 CONTRACTOR A Kidz Hope Homes Inc. 1401 W Colorado Ave Colorado S ' gs, CO 80904 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: D ector 4 Weld County SS-23A Addendum cool- ,gfl WELD COUNTY ADDENDUM ' To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Evergreen Group Center and Weld County Department of Social Services for the''pet-iod from July 1, 2007 through June 30, 2008. 4 ' -6 ,,. The following provisions, made this J day of Oka , 2007, are added toViestsferenced Agreement. Except as modified hereby, all terms of the'Agreement remain unchanged. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of$80.00, per day for children placed within the Group Home/Group Center identified as Provider ID #61317. 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. 3. Add Paragraph 6 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. 4. Add Paragraph 7 to Section I. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 5. Add Paragraph 8 to Section I. The services purchased under this Agreement for Group Home/Center services may include, but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), direct child care, transportation, administrative overhead, support overhead, service delivery staff, which may include but are not limited to: Parent training for teens, independent living training, mentor/advocate, and supervised visitation. 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. 1 Weld County SS-23A Addendum au'7-.2F 2I Q. 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. 11. Section V, Paragraph 5. Children in Psychiatric Residential Treatment Facilities, 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. 2 Weld County SS-23A Addendum 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. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant 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. 3 Weld County SS-23A Addendum r IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. ATTEST: �"____ Weld County rk i (4:14* sei WELD COUNTY BOARD OF ' SOCIAL SERVICES, ON BEHALF crA`t;=b 'A...J-4'A OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: By: o Deputy CleFl to the Board avid E. Long, Chai SP 052007 CONTRACTOR Evergreen Group Center 1436 Hilltop Dr. Longmont, CO 80501 �"�� -la By::T1/4- t WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ,� it.0 A (Out��tor J u 4 Weld County SS-23A Addendum a)00 �-07 8-3 • WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between Griffith Center for Children and Weld County Department of Social Services for the period from July 1, 2007 through June 30, 2008. The following provisions, made this day of , 2007, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of$115.00,per day for children placed within the Group Home/Group Center identified as Provider ID #1531601. 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. 3. Add Paragraph 6 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. 4. Add Paragraph 7 to Section I. Any additional costs for specialized services, which include,but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 5. Add Paragraph 8 to Section I. The services purchased under this Agreement for Group Home/Center services may include,but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), direct child care, transportation, administrative overhead, support overhead, service delivery staff, which may include but are not limited to: Parent training for teens, independent living training, mentor/advocate, and supervised visitation. 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. 1 Weld County SS-23A Addendum 02.007- tv7: 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. 11. Section V, Paragraph 5. Children in Psychiatric Residential Treatment Facilities, 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. 2 Weld County SS-23A Addendum • 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. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant 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. 3 Weld County SS-23A Addendum IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. ATTEST: �'/4!'�T%'► Weld County( e w 4 = '•► t r l8fil t�, 4 WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF % - cA, OF THE WELD COUNTY 'tU(t� DEPARTMENT OF SOCIAL SERAS By: 4 211.in a / .ek/f/L} By: Deputy Clrk'to the Board David E. Long, Cha S P 0 5 2007 CONTRACTOR Griffith Center for Children 14142 Denver West Pkwy, Suite 225 Lakewood, CO 80401 By: 1/... .. I -512.W,--- WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direc or 4 Weld County SS-23A Addendum as y-07F.3, WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the"Agreement") between Loving Homes, Inc. and Weld County Department of Social Services for the period from July 1, 2007 through June 30,2008. The following provisions, made this / day of 3 A/ , 2007, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of$71.11,per day for children placed within the Group Home/Group Center identified as Provider ID #8822. 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. 3. Add Paragraph 6 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. 4. Add Paragraph 7 to Section I. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 5. Add Paragraph 8 to Section I. The services purchased under this Agreement for Group Home/Center services may include,but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), direct child care, transportation, administrative overhead, support overhead, service delivery staff, which may include but are not limited to: Parent training for teens, independent living training, mentor/advocate, and supervised visitation. 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. 1 Weld County SS-23A Addendum awl 00 2- a FS/ - 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. 11. Section V, Paragraph 5. Children in Psychiatric Residential Treatment Facilities, 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. 2 Weld County SS-23A Addendum 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. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant 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. 3 Weld County SS-23A Addendum IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. ATTEST: / '(/✓ Weld County ; t 'Board WELD COUNTY BOARD OF IRE r `�,� SOCIAL SERVICES, ON BEHALF f OF THE WELD COUNTY �®�t-ma SERVICES PI ENT OF SOCIAL By: u!rlY![Q . 7 ,,.1{.1(i/.�/ll By: c Deputy C rk to the Board David E. Long, air SE 0 5 2007 CONTRACTOR Loving Homes, Inc. 954 West Montebello Dr Puebl est, CO 81007 By: v WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ector 4 Weld County SS-23A Addendum aoo7-aP3I WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Home/Group Center Care Services (the "Agreement") between REM Colorado, Inc. and Weld County Department of Social Services for the period from July 1, 2007 through June 30, 2008. The following provisions, made this 1 day of u/ , 2007, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. County agrees to purchase and Contractor agrees to provide the care and services, which are listed in this Agreement at a rate of$250.00,per day for children placed within the Group Home/Group Center identified as Provider ID #1535698. 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. 3. Add Paragraph 6 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. 4. Add Paragraph 7 to Section I. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 5. Add Paragraph 8 to Section I. The services purchased under this Agreement for Group Home/Center services may include, but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), direct child care, transportation, administrative overhead, support overhead, service delivery staff, which may include but are not limited to: Parent training for teens, independent living training, mentor/advocate, and supervised visitation. 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. 1 Weld County SS-23A Addendum a4i2- d8'3/ 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. 11. Section V, Paragraph 5. Children in Psychiatric Residential Treatment Facilities, 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. 2 Weld County SS-23A Addendum 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. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant 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. 3 Weld County SS-23A Addendum IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. ATTEST: /4/ Weld County Cle • T, f} WELD COUNTY BOARD OF 1861 _\1� SOCIAL SERVICES, ON BEHALF ,, ,,` ( OF THE WELD COUNTY j DEPARTMENT OF SOCIAL Qjfinil SERVICES b--- By: By: o r Deputy Cle to the Board David E. Long, Ch EP 0 5 20r17 CONTRACTOR REM Colorado, Inc. 4815 List Dr, Suite 111 Colorado, Springs nn // CO 80919-3340 By: Jam. l3t8.2.1-, Q IO WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: iremr 4 Weld County SS-23A Addendum ace 7- al8.3, Hello