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Home My WebLink About20060522.tiff RESOLUTION RE: APPROVE ADDENDUM TO TWO AGREEMENTS TO PURCHASE RESIDENTIAL TREATMENT CENTER/RESIDENTIAL CHILD CARE FACILITY 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 two Addendums to Agreements to Purchase Residential Treatment Center/Residential Child Care Facility Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Social Services, and the following providers,with terms and conditions being as stated in said addendums, and 1. Devereux Cleo Wallace 2. Turning Point Center for Youth 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 two Addendums to Agreements to Purchase Residential Treatment Center/Residential Child Care Facility Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the above listed providers be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said addendums. 2006-0522 Co ! SS SS0033 03 13 -0,6 ADDENDUM TO TWO AGREEMENTS TO PURCHASE RESIDENTIAL TREATMENT CENTER/RESIDENTIAL CHILD CARE FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN - VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 22nd day of February, A.D., 2006, nunc pro tunc January 1, 2006. Imo"` / OARD OF C UNTY COMMISSIONERS ELD CO TY, COLORADO • ATTEST: 4u# 1 � �if1/42�: CL .,,ir fir ,t ile, Chair Weld County Clerk to the B. • BY\ ti 1 / + I David E. Long, Pro-Tem D uty Clsrk to the Boaid ; v1 + Willian H. Jerke APPROVED A M: ;ILIA Robert 12). Masden, " ' — County Attorney A , ©aA Glenn Vaad Date of signature: -311°/0Cc 2006-0522 SS0033 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 Fax Number(970)346-7691 O • COLORADO MEMORANDUM TO: M.J. Geile, Chair Date: February 14, 2006 Board of County Commissioners FR: Judy A. Griego, Director, Social Services V 23Q RE: Addendums to Agreements to Purchase Res(iflential Treatment Center (RTC)/Residential Child Care Facilities(RCCF) Services with Various Vendors Enclosed for Board approval are Addendums to Agreements to Purchase RTC/RCCF Services between the Weld County Department of Social Services (Department) with various vendors. The Addendums were reviewed at the Board's Work Session held on February 13,2006. Addendums are with those providers who have not signed Agreements freezing their rates for this fiscal year and continuing those rates until June 30, 2006. The vendors include: RTC Rates RCCF Rates 1. Devereux Cleo Wallace. $41.74 per day $76.04 per day 2. Turning Point Center for Youth $40.50 per day $75.77 per day If you have any questions,please telephone me at extension 6510. • 2006-0522 WELD COUNTY ADDENDUM lt'- To that certain Agreement to Purchase Residential Treatment Center //C Services and Residential Child Care Facility Services (the "Agreement") between Devereux Cleo Wallace and Weld County Department of Social Services for the period from October 1, 2005, through June 30, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 2006, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor, identified as Provider ID#39794, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$41.74 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.04 per day for children placed within the Residential Child Care Facility. These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 2. Add Paragraph 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. 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 (35%); 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 (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, Therapeutic Recreation, Service delivery Staff, Direct therapy and evaluation, which may include but are not limited to: Psychological, Neurological Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offender Evaluation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Board Policy, Polygraph, Plethysmograph, Parent Training for Teens, Independent Living Training, Mentor/Advocate, and Supervised Visitation. Weld County SS-23A Addendum Lii)e)e r o7 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 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. 6. Add Paragraph 6 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) 350-8389. 7. Section V, Paragraph 5. Children in Residential Treatment 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. 8. Add Paragraph 13 to Section IV. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 9. Add Paragraph 14 to Section IV. Agree to schedule physical examinations within 14 days after placement, dental examinations within 60 days after placement and forward all appropriate information to the County. 10. Add Paragraph 15 to Section IV. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Student will be conducted every 3 years and reviewed every year. If the IEP is due while the child is in placement, the Contractor will complete or obtain a completed IEP. A copy will then be forwarded to the County. 11. Add Paragraph 16 to Section IV. Assure and certify that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, 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. 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 immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 14. Add Paragraph 9 to Section VI. The Director of Social Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: A. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; B. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; C. Recover from the Contractor any incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement or other agreements between Social Services and the Contractor, or by Social Services as a debt to Social Services or otherwise as provided by law. 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: Milisiiir Weld County Cler e Board y• F / WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF lsbt j OF THE WELD COUNTY DEPARTMENT OF SOCIAL 4C SERVICES By: (tit 1/Lti L G Lill By: eputy erk to the Bo/a d M. J. Geile, CHair 02/22/2006 CONTRACTOR Devereux Cleo Wallace 8405 Church Ranch Blvd Westminster, CO 80021 1-O By: /yk �i1, J l.c/. . WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direc r 4 Weld County SS-23A Addendum dare -c25,7,g WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Co4r Services and Residential Child Care Facility Services (the "Agreement' between Turning Point Center for Youth and Weld County Department ofp Social Services for the period from October 1, 2005, through June 30, 2006, a . unless sooner terminated by the Department of Social Services upon the t,) provision of 30 days prior notice. The following provisions, made this day of , 2005, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor, identified as Provider ID#45178, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$40.50 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$75.77 per day for children placed within the Residential Child Care Facility. These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 2. Add Paragraph 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. 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 (35%); 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 (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, Therapeutic Recreation, Service delivery Staff, Direct therapy and evaluation, which may include but are not limited to: Psychological, Neurological Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offender Evaluation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Board Policy, Polygraph, Plethysmograph, Parent Training for Teens, Independent Living Training, Mentor/Advocate, and Supervised Visitation. &ccG-cs 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 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. 6. Add Paragraph 6 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) 350-8389. 7. Section V, Paragraph 5. Children in Residential Treatment 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. 8. Add Paragraph 13 to Section IV. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 9. Add Paragraph 14 to Section IV. Agree to schedule physical examinations within 14 days after placement, dental examinations within 60 days after placement and forward all appropriate information to the County. 10. Add Paragraph 15 to Section IV. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Student will be conducted every 3 years and reviewed every year. If the IEP is due while the child is in placement, the Contractor will complete or obtain a completed IEP. A copy will then be forwarded to the County. 11. Add Paragraph 16 to Section IV. Assure and certify that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, 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. 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 immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 14. Add Paragraph 9 to Section VI. The Director of Social Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: A. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; B. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; C. Recover from the Contractor any incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement or other agreements between Social Services and the Contractor, or by Social Services as a debt to Social Services or otherwise as provided by law. 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 sewed 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: gtodealletit Weld County Clerk to the Board m„„ -1.1 6 i✓,, ., ' WELD COUNTY BOARD OF x• %.7,--‘,. -1 ` ' SOCIAL SERVICES, ON BEHALF �� _ �A OF THE WELD COUNTY ° �� ` ' ' DEPARTMENT OF SOCIAL _ 4'.`4 " SERVICES By: ifu ' 1 4 /CIE By: 7 eputy ierk to the Bo M. . eile, Chair FEB 2 2 2006 CONTRACTOR Turning Point Center for Youth 1644 South College Ave Fort C ins, CO 80525 • WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direc r - • &erect-GS,;r07 4 Weld County SS-23A Addendum Hello