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HomeMy WebLinkAbout20022190.tiff RESOLUTION RE: APPROVE ELEVEN AGREEMENTS TO PURCHASE RESIDENTIAL CHILD CARE FACILITY SERVICES WITH VARIOUS PROVIDERS 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 eleven Agreements to Purchase 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 service providers, with terms commencing July 1, 2002, and ending June 30, 2003, with further terms and conditions being as stated in said agreements: 1) Shiloh Home, Littleton - Estes 2) Shiloh Home, Denver 3) Shiloh Home, Craig 4) Shiloh House, Littleton - Sheridan 5) Shiloh House, Littleton - Portland 6) Shiloh House, Littleton -Yarrow 7) Devereux Cleo Wallace - Westminster 8) Devereux Cleo Wallace - Colorado Springs 9) Family Pathways of Colorado 10) Courthouse, Inc. - Marilee Center 11) Courthouse, Inc. - Daybreak-Princeton, and WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 eleven Agreements to Purchase 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 mentioned providers be, and hereby are, approved. 2002-2190 SS0029 (' r, S C�4) RE: ELEVEN AGREEMENTS TO PURCHASE RESIDENTIAL CHILD CARE FACILITIES SERVICES PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of August, A.D., 2002, nunc pro tunc July 1, 2002. BOARD OF COUNTY COMMISSIONERS WELD COUN COLORADO ATTEST: u./�®�k/Q�/ �/�. �� �� �� Gle aad, Chair Weld County Clerk to the f. • r. yu� , ; �avid E I ng, Pro-Te BY: '�LG15E Deputy Clerk to the B M. J. Geile AP ED AS TO RM: • Iliam H. Jerke ounty Attorne ���� Robert D. Masden Date of signature: ��2 2002-2190 SS0029 At' • DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80632 WEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551 O Child Support(970)352-6933 COLORADO MEMORANDUM TO: Glenn Vaad, Chair Date: August 5, 2002 Board of County Commissioners FR: Judy A. Griego,Director, Social Services //tab C l (Acs, , RE: Agreements to Purchase Residential Child(are Facilities (RCCF) Services Between Weld County Department of Social Services with Various Vendors Enclosed for Board approval are Agreements to Purchase Residential Child Care Facilities (RCCF) Services between the Weld County Department of Social Services with various vendors. These yearly Agreements are in accordance with Board approved policies of Sections 2.320 and 2.902.22 of the Weld County Department of Social Services Operations Manual. These Agreements were reviewed at the Board's Work Session of August 5, 2002. The major provisions of the Agreements are as follows: 1. The term is July 1,2002 through June 30, 2003. 2. The Department agrees to reimburse vendors at rates that will include room, board, and treatment, as follows: A. Shiloh Homes*: (Littleton—Estes) $72.82 per day B. Shiloh Homes*: (Denver) $54.21 per day C. Shiloh Homes*: (Craig) $55.56 per day D. Shiloh Homes*: (Littleton—Sheridan) $55.56 per day E. Shiloh Homes*: (Littleton—Portland) $55.56 per day F. Shiloh Homes*: (Littleton—Yarrow) $55.56 per day G. Devereux Cleo Wallace—Westminster: $76.04 per day H. Devereux Cleo Wallace—Colorado Springs: $71.91 per day I. Family Pathways of Colorado: $71.35 per day J. Courthouse,Inc.—Marilee Center: $81.17 per day �J.K Courthouse,Inc.—Daybreak-Princeton: $81.33 per day *Shiloh will not provide psychological,neuropsychological,neurological,or sex offender evaluations,polygraphs,plethysmograph, or mentoring services within their rate. These services and their rates would have to be negotiated separately if requested by the Department. If you have any questions,please telephone me at extension 6510. 2002-2190 Contract No.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Shiloh Home, 6400 W Coal Mine Ave, Littleton, CO 80123, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of $72.82 per day for children placed within the Residential Child Care Facility identified as Provider ID#20335. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase RCCF Services Rev 06/11/02 -Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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: PsyOlogical,NeurO>e l Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex O er valuation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Board olicy, Paph, Plettiograph, Parent Training for Teens, Independent Living Training, Men,Xcivocate, and Supervised Visitation. See ndeldiM 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 20335 Shiloh House Estes 7623 S Estes Ct Littleton, CO 80128 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s)must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven(7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 —Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase A RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2)weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV, Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds,whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. /1 ATTEST: Montt y � 'tr G"�e,�( Weld County Clerk WELD COUNTY BOARD OF SOCIAL SERVICES, ,4, OF SOCIAL SERVICES CES WELD COUNTY DEPARTMENT By ' `� •�. 1 ` " ,/ " W, By: ,j,//� j" Deputy Clerk to the Bo. '+ 3 I �Gle , hair APPROVED AS TO FORM: 7-27 CONTRACTOR County Attorney Shiloh Home 6400 W Coal Mine Ave .n, CO 80123 By: R.w,,.` 6 Q°U L WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: {, (1 Direc .' Agreement to Purchase RCCF Services Rev 06/11/02 SHILOH HOME, INC. Addendum A Shiloh Home offers a range of therapeutic services, and we strive to meet the diverse treatment needs of youth referred for services. While most often successful in addressing complex treatment needs, Shiloh Home's lower rate of Medicaid reimbursement, relative to many other treatment providers, generally does not provide the funding to allow some services requested by county caseworkers. In addition, it appears that Medicaid reimbursement does not cover some of the services outlined in the Weld County "Agreement to Purchase Residential Treatment Center Services". Please understand that the services outlined below are typically not available at Shiloh Home. If any of the services outlined below are requested by a county caseworker or other external member of the treatment team, Shiloh staff will help coordinate completion of the service with an outside contractor. Payment of the service will be the responsibility of the county. Shiloh Home is open to assuming responsibility for providing extra services outlined below, and this can be negotiated with the county on a case-by-case basis. Services typically not provided by Shiloh Home include: > Psychological evaluations > Neuropsychological evaluations > Neurological evaluation > Sex offender evaluation > Polygraph > Plethysmograph ➢ Mentoring Services With regard to medical care, it is not possible to guarantee that a physical examination will be completed within 14 days of placement due to the limited number of medical providers accepting Medicaid. A physical exam for youth placed at Shiloh Home will be scheduled within 14 days of placement. A physical examination is scheduled to ensure that a youth has obtained a routine medical exam at least once a year. With regard to dental care, Shiloh Home has no control over the scheduling of dentists who accept Medicaid. Effort will be made to secure a dental appointment within 60 days of placement and at a minimum a dental appointment will be scheduled within 60 days of placement at Shiloh Home. With regard to annual and triennial reviews of Individual Education Plans (IEP), Shiloh Home assumes responsibility for completion of annual IEP reviews. However, initial evaluations used to determine special education eligibility and triennial reviews of IEP's are the responsibility of the youth's home school district. Shiloh Home will coordinate with the home school district and will provide support so that the youth's home school district may complete the initial staffing or triennial review. SHILOH HOME,INC. Addendum B Populations Served by Shiloh Home: > Male, 7 to 17 years > Sexually abusive youth > Youth with conduct issues and significant mental illness > Traumatized youth and youth with attachment issues Outline of Treatment Services offered to referred youth based on assessed need: > 24 hour awake staff offering supervision, counseling, and structured programming > enrichment experiences provided through both on-grounds and off-grounds activities > independent living support > a staff client ratio of 1:5 during awake hours and not exceeding 1:10 during overnight hours ➢ a comprehensive psychosocial intake completed as part of the admission process ➢ an initial staffing scheduled within 10 days of placement > monthly treatment staffings to review progress and needs > a monthly report summarizing treatment progress and ongoing needs > Specialized treatment for sexually abusive youth, 12 to 17 years > Specialized programming for young boys, 7 to 12 years > Substance abuse counseling, individual and group, when necessary > Structured programming for youth with significant conduct issues > Individual, group and family therapy up to weekly, as needed > Ongoing case management > Medication evaluations and medication management > Education provided through an on-grounds school Contract No.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Shiloh Home, 6400 W Coal Mine Ave, Littleton, CO 80123, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of$54.21 per day for children placed within the Residential Child Care Facility identified as Provider ID#32567. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase 1 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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 delive Staff, Direct therapy and evaluation, which may include but are not limited to: PsychKgical,Neur gical Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offe r Evaluation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Bo Policy, Polph, Plethys graph, Parent Training for Teens, Independent Living Training, Mento dvocate, and Supervised Visitation. See A'id c. d-"— A- 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 32567 Shiloh Home 3500 W 55th Ave Denver, CO 80221 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s)must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least$400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2)months gross receipts,whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection,review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held,participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein,when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Don, �►�.� „ Weld County Cl. S o �� I� . ... , 3 WELD COUNTY BOARD OF SOCIAL SERVICES, : : % ON BEHALF OF THE WELD COUNTY DEPARTMENT 1861 OF SOCIAL SERVICE /� .. n1 By: l t ./c\- o, 'a'L uUN-\\ �Jp " _q, , By: Deputy Clerk to the Board�� 4: N 5,,. Glenn as ,Chair (Si/217A4 APPROVED AS TO FORM: CONTRACTOR ou A mey Shiloh Home ' 6400 W Coal Mine Ave 1 e o , CO 80123 By: 4u... - ^016 op— WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 1(By: 1.� Oo�� Ijll�ector Agreement to Purchase RCCF Services Rev 06/11/02 SHILOH HOME, INC. Addendum A Shiloh Home offers a range of therapeutic services, and we strive to meet the diverse treatment needs of youth referred for services. While most often successful in addressing complex treatment needs, Shiloh Home's lower rate of Medicaid reimbursement, relative to many other treatment providers, generally does not provide the funding to allow some services requested by county caseworkers. In addition, it appears that Medicaid reimbursement does not cover some of the services outlined in the Weld County "Agreement to Purchase Residential Treatment Center Services". Please understand that the services outlined below are typically not available at Shiloh Home. If any of the services outlined below are requested by a county caseworker or other external member of the treatment team, Shiloh staff will help coordinate completion of the service with an outside contractor. Payment of the service will be the responsibility of the county. Shiloh Home is open to assuming responsibility for providing extra services outlined below, and this can be negotiated with the county on a case-by-case basis. Services typically not provided by Shiloh Home include: > Psychological evaluations > Neuropsychological evaluations ) Neurological evaluation > Sex offender evaluation > Polygraph > Plethysmograph > Mentoring Services With regard to medical care, it is not possible to guarantee that a physical examination will be completed within 14 days of placement due to the limited number of medical providers accepting Medicaid. A physical exam for youth placed at Shiloh Home will be scheduled within 14 days of placement. A physical examination is scheduled to ensure that a youth has obtained a routine medical exam at least once a year. With regard to dental care, Shiloh Home has no control over the scheduling of dentists who accept Medicaid. Effort will be made to secure a dental appointment within 60 days of placement and at a minimum a dental appointment will be scheduled within 60 days of placement at Shiloh Home. With regard to annual and triennial reviews of Individual Education Plans(IEP), Shiloh Home assumes responsibility for completion of annual IEP reviews. However, initial evaluations used to determine special education eligibility and triennial reviews of IEP's are the responsibility of the youth's home school district. Shiloh Home will coordinate with the home school district and will provide support so that the youth's home school district may complete the initial staffing or triennial review. SHILOH HOME,INC. Addendum B Populations Served by Shiloh Home: > Male, 7 to 17 years > Sexually abusive youth > Youth with conduct issues and significant mental illness > Traumatized youth and youth with attachment issues Outline of Treatment Services offered to referred youth based on assessed need: > 24 hour awake staff offering supervision, counseling, and structured programming > enrichment experiences provided through both on-grounds and off-grounds activities > independent living support > a staff:client ratio of 1:5 during awake hours and not exceeding 1:10 during overnight hours ➢ a comprehensive psychosocial intake completed as part of the admission process ➢ an initial staffing scheduled within 10 days of placement > monthly treatment staffings to review progress and needs ➢ a monthly report summarizing treatment progress and ongoing needs > Specialized treatment for sexually abusive youth, 12 to 17 years > Specialized programming for young boys, 7 to 12 years > Substance abuse counseling, individual and group, when necessary > Structured programming for youth with significant conduct issues > Individual, group and family therapy up to weekly, as needed > Ongoing case management > Medication evaluations and medication management > Education provided through an on-grounds school • Contract No.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Shiloh Home, 6400 W Coal Mine Ave, Littleton, CO 80123, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services,hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of $55.56 per day for children placed within the Residential Child Care Facility identified as Provider ID#1500860. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement,whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase RCCF Services 1 Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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: Psyclgical, Neuroll Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offen Evaluation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Boar Policy, Poly$h, Plethy+iraph, Parent Training for Teens, Independent Living Training, Mentor/ vocate, and Supervised Visitation. ,S-ee A ddc.cJ e- 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 1500860 Shiloh Home, Inc. 1324 E Victory Way Craig, CO 81625 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase RCCF Services 2 Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status,which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records,which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2)weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein,when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. Air, ATTEST: i Tj/.�f- ' Weld County Cler - t•. • WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT aI OF SOCIAL SERVICES By: G7i1/ “e< , • .� ci ,W111? g By: Deputy Clerk to the Board % �y , hair (8,42°64 APPROVED AS TO FORM: CONTRACTOR Co�uhty A om Shiloh Home 6400 W Coal Mine Ave Littleton, CO 80123 By: b 1 6-oZ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: •_y fCk0 irector J Atit��JJJJJ Agreement to Purchase RCCF Services Rev 06/11/02 SHILOH HOME, INC. Addendum A Shiloh Home offers a range of therapeutic services, and we strive to meet the diverse treatment needs of youth referred for services. While most often successful in addressing complex treatment needs, Shiloh Home's lower rate of Medicaid reimbursement, relative to many other treatment providers, generally does not provide the funding to allow some services requested by county caseworkers. In addition, it appears that Medicaid reimbursement does not cover some of the services outlined in the Weld County "Agreement to Purchase Residential Treatment Center Services". Please understand that the services outlined below are typically not available at Shiloh Home. If any of the services outlined below are requested by a county caseworker or other external member of the treatment team, Shiloh staff will help coordinate completion of the service with an outside contractor. Payment of the service will be the responsibility of the county. Shiloh Home is open to assuming responsibility for providing extra services outlined below, and this can be negotiated with the county on a case-by-case basis. Services typically not provided by Shiloh Home include: > Psychological evaluations > Neuropsychological evaluations > Neurological evaluation > Sex offender evaluation > Polygraph > Plethysmograph > Mentoring Services With regard to medical care, it is not possible to guarantee that a physical examination will be completed within 14 days of placement due to the limited number of medical providers accepting Medicaid. A physical exam for youth placed at Shiloh Home will be scheduled within 14 days of placement. A physical examination is scheduled to ensure that a youth has obtained a routine medical exam at least once a year. With regard to dental care, Shiloh Home has no control over the scheduling of dentists who accept Medicaid. Effort will be made to secure a dental appointment within 60 days of placement and at a minimum a dental appointment will be scheduled within 60 days of placement at Shiloh Home. With regard to annual and triennial reviews of Individual Education Plans (PEP), Shiloh Home assumes responsibility for completion of annual IEP reviews. However, initial evaluations used to determine special education eligibility and triennial reviews of IEP's are the responsibility of the youth's home school district. Shiloh Home will coordinate with the home school district and will provide support so that the youth's home school district may complete the initial staffing or triennial review. SHILOH HOME,INC. Addendum B Populations Served by Shiloh Home: > Male, 7 to 17 years > Sexually abusive youth > Youth with conduct issues and significant mental illness > Traumatized youth and youth with attachment issues Outline of Treatment Services offered to referred youth based on assessed need: > 24 hour awake staff offering supervision, counseling, and structured programming ➢ enrichment experiences provided through both on-grounds and off-grounds activities > independent living support ➢ a staff:client ratio of 1:5 during awake hours and not exceeding 1:10 during overnight hours > a comprehensive psychosocial intake completed as part of the admission process ➢ an initial staffing scheduled within 10 days of placement > monthly treatment staffings to review progress and needs > a monthly report summarizing treatment progress and ongoing needs > Specialized treatment for sexually abusive youth, 12 to 17 years > Specialized programming for young boys, 7 to 12 years > Substance abuse counseling, individual and group, when necessary > Structured programming for youth with significant conduct issues > Individual, group and family therapy up to weekly, as needed > Ongoing case management > Medication evaluations and medication management > Education provided through an on-grounds school Contract No.:•PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Shiloh House, 6400 W Coal Mine Ave, Littleton, CO 80123, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of $55.56 per day for children placed within the Residential Child Care Facility identified as Provider ID#62291. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase RCCF Services 1 Rev 06/11/02 • Contract No.:•PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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: Psychhpgical,Neuro gical Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offe valuation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Bo Policy, Polaph, Pleth graph, Parent Training for Teens, Independent Living Training, Ment dvocate, and Supervised Visitation. S'e e A d ck 4'N. A 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 62291 Shiloh House Sheridan 7201 S Sheridan Ct Littleton CO 80123 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible,permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. Agreement to Purchase RCCF Services 3 Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase RCCF Services 5 Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract NG.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. Pi ATTEST: a . Weld Weld County Cl: �d`t{1c oMrd' ;y WELD COUNTY BOARD OF SOCIAL SERVICES, r ON BEHALF OF THE WELD COUNTY DEPARTMENT ' OF SOCIAL SERVICES 1861 \q V'"`� p 7 o 4''I t`ve, i> -� i y� YK/lU//n{/, (////.// Deputy Clerk to the Boar. e , Glenn a , air �r� (SJt2]2Wz) APPROVED AS TO FORM: /' CONTRACTOR ountratt m Shiloh House 6400 W Coal Mine Ave Lit CO 80123 By: tun, C CPO i'ab-Oa. WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: - irector Agreement to Purchase RCCF Services Rev 06/11/02 SHILOH HOME, INC. Addendum A Shiloh Home offers a range of therapeutic services, and we strive to meet the diverse treatment needs of youth referred for services. While most often successful in addressing complex treatment needs, Shiloh Home's lower rate of Medicaid reimbursement, relative to many other treatment providers, generally does not provide the funding to allow some services requested by county caseworkers. In addition, it appears that Medicaid reimbursement does not cover some of the services outlined in the Weld County "Agreement to Purchase Residential Treatment Center Services". Please understand that the services outlined below are typically not available at Shiloh Home. If any of the services outlined below are requested by a county caseworker or other external member of the treatment team, Shiloh staff will help coordinate completion of the service with an outside contractor. Payment of the service will be the responsibility of the county. Shiloh Home is open to assuming responsibility for providing extra services outlined below, and this can be negotiated with the county on a case-by-case basis. Services typically not provided by Shiloh Home include: > Psychological evaluations > Neuropsychological evaluations > Neurological evaluation > Sex offender evaluation > Polygraph > Plethysmograph > Mentoring Services With regard to medical care, it is not possible to guarantee that a physical examination will be completed within 14 days of placement due to the limited number of medical providers accepting Medicaid. A physical exam for youth placed at Shiloh Home will be scheduled within 14 days of placement. A physical examination is scheduled to ensure that a youth has obtained a routine medical exam at least once a year. With regard to dental care, Shiloh Home has no control over the scheduling of dentists who accept Medicaid. Effort will be made to secure a dental appointment within 60 days of placement and at a minimum a dental appointment will be scheduled within 60 days of placement at Shiloh Home. With regard to annual and triennial reviews of Individual Education Plans (IEP), Shiloh Home assumes responsibility for completion of annual IEP reviews. However, initial evaluations used to determine special education eligibility and triennial reviews of IEP's are the responsibility of the youth's home school district. Shiloh Home will coordinate with the home school district and will provide support so that the youth's home school district may complete the initial staffing or triennial review. SHH,OH HOME,INC. Addendum B Populations Served by Shiloh Home: > Male, 7 to 17 years > Sexually abusive youth > Youth with conduct issues and significant mental illness > Traumatized youth and youth with attachment issues Outline of Treatment Services offered to referred youth based on assessed need: > 24 hour awake staff offering supervision, counseling, and structured programming > enrichment experiences provided through both on-grounds and off-grounds activities > independent living support ➢ a staff client ratio of 1:5 during awake hours and not exceeding 1:10 during overnight hours ➢ a comprehensive psychosocial intake completed as part of the admission process > an initial staffing scheduled within 10 days of placement > monthly treatment staffings to review progress and needs ➢ a monthly report summarizing treatment progress and ongoing needs > Specialized treatment for sexually abusive youth, 12 to 17 years > Specialized programming for young boys, 7 to 12 years > Substance abuse counseling, individual and group, when necessary > Structured programming for youth with significant conduct issues > Individual, group and family therapy up to weekly, as needed > Ongoing case management > Medication evaluations and medication management > Education provided through an on-grounds school Contract 310.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Shiloh House, 6400 W Coal Mine Ave, Littleton, CO 80123, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of $55.56 per day for children placed within the Residential Child Care Facility identified as Provider ID#54169. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase 1 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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, ervice delivery Staff, Direct therapy and evaluation, which may include but are not limited to: Psychical, Neuro cal Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offe r r valuation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Boar Policy, Porgy aph, Plethy ograph, Parent Training for Teens, Independent Living Training, Ment vocate, and Supervised Visitation. See q dc)4d:,-, ,1-- 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 54169 Shiloh House Portland 6629 W Portland Ave Littleton CO 80123 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2)months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV, Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld County Cle fo .3rd'.'% WELD COUNTY BOARD OF SOCIAL SERVICES, i ON BEHALF OF THE WELD COUNTY DEPARTMENT 1861 I OF SOCIAL SERVICES By: 41 4A �: 1�_� V�J p �P` �,I By: Deputy Clerk to the Board �� lu' j U e � �'�*'! it �-►� (8//2/2o3L) APPROVED AS TO FORM: CONTRACTOR oun tto ney Shiloh House 6400 W Coal Mine Ave ton,/CO 80123 BY: JLw� (/Ct�) .6J `I-a - a. WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Director Agreement to Purchase RCCF Services Rev 06/11/02 SHILOH HOME,INC. Addendum A Shiloh Home offers a range of therapeutic services, and we strive to meet the diverse treatment needs of youth referred for services. While most often successful in addressing complex treatment needs, Shiloh Home's lower rate of Medicaid reimbursement, relative to many other treatment providers, generally does not provide the funding to allow some services requested by county caseworkers. In addition, it appears that Medicaid reimbursement does not cover some of the services outlined in the Weld County "Agreement to Purchase Residential Treatment Center Services". Please understand that the services outlined below are typically not available at Shiloh Home. If any of the services outlined below are requested by a county caseworker or other external member of the treatment team, Shiloh staff will help coordinate completion of the service with an outside contractor. Payment of the service will be the responsibility of the county. Shiloh Home is open to assuming responsibility for providing extra services outlined below, and this can be negotiated with the county on a case-by-case basis. Services typically not provided by Shiloh Home include: > Psychological evaluations > Neuropsychological evaluations > Neurological evaluation > Sex offender evaluation > Polygraph > Plethysmograph > Mentoring Services With regard to medical care, it is not possible to guarantee that a physical examination will be completed within 14 days of placement due to the limited number of medical providers accepting Medicaid. A physical exam for youth placed at Shiloh Home will be scheduled within 14 days of placement. A physical examination is scheduled to ensure that a youth has obtained a routine medical exam at least once a year. With regard to dental care, Shiloh Home has no control over the scheduling of dentists who accept Medicaid. Effort will be made to secure a dental appointment within 60 days of placement and at a minimum a dental appointment will be scheduled within 60 days of placement at Shiloh Home. With regard to annual and triennial reviews of Individual Education Plans(IEP), Shiloh Home assumes responsibility for completion of annual IEP reviews. However, initial evaluations used to determine special education eligibility and triennial reviews of IEP's are the responsibility of the youth's home school district. Shiloh Home will coordinate with the home school district and will provide support so that the youth's home school district may complete the initial staffing or triennial review. SHH.OH HOME,INC. Addendum B Populations Served by Shiloh Home: > Male, 7 to 17 years > Sexually abusive youth > Youth with conduct issues and significant mental illness > Traumatized youth and youth with attachment issues Outline of Treatment Services offered to referred youth based on assessed need: > 24 hour awake staff offering supervision, counseling, and structured programming > enrichment experiences provided through both on-grounds and off-grounds activities > independent living support ➢ a staff:client ratio of 1:5 during awake hours and not exceeding 1:10 during overnight hours ➢ a comprehensive psychosocial intake completed as part of the admission process ➢ an initial staffing scheduled within 10 days of placement > monthly treatment staffings to review progress and needs ➢ a monthly report summarizing treatment progress and ongoing needs > Specialized treatment for sexually abusive youth, 12 to 17 years > Specialized programming for young boys, 7 to 12 years > Substance abuse counseling, individual and group, when necessary > Structured programming for youth with significant conduct issues > Individual, group and family therapy up to weekly, as needed > Ongoing case management > Medication evaluations and medication management > Education provided through an on-grounds school Contract Na.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Shiloh House, 6400 W Coal Mine Ave, Littleton, CO 80123, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of $55.56 per day for children placed within the Residential Child Care Facility identified as Provider ID#70967. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase 1 RCCF Services Rev 06/11/02 • Contract Na.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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 delive Staff, Direct therapy and evaluation,which may include but are not limited to: Psyc logical, Neur gical 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, PolyWiph, Plethypktfigraph, Parent Training for Teens, Independent Living Training, Ment dvocate, and Supervised Visitation. See Add iJcn . /} 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation maybe provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 70967 Shiloh House Yarrow 7227 S Yarrow Ct Littleton CO 80123 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2/10.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received,payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2)weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV, Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. -� ATTEST: 140 a/ttitiY.a/ / r Weld County Cle tht o ` WELD COUNTY BOARD OF SOCIAL SERVICES, 44, tit ` ON BEHALF OF THE WELD COUNTY DEPARTMENT 1861 kite OF SOCIAL SERVICES i - W By: ' /J . • � �J aQ�, By: Deputy Cleric lL{'to the Board � UN'S Glenn aa�au (SI)212CX14 APPROVED AS TO FORM: CONTRACTOR my Att ney Shiloh House 6400 W Coal Mine Ave ton, CO 80123 By: _ -Oa WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: , j ` i% Ci Oituyeti Irector C Agreement to Purchase RCCF Services Rev 06/11/02 SHILOH HOME, INC. Addendum A Shiloh Home offers a range of therapeutic services, and we strive to meet the diverse treatment needs of youth referred for services. While most often successful in addressing complex treatment needs, Shiloh Home's lower rate of Medicaid reimbursement, relative to many other treatment providers, generally does not provide the funding to allow some services requested by county caseworkers. In addition, it appears that Medicaid reimbursement does not cover some of the services outlined in the Weld County "Agreement to Purchase Residential Treatment Center Services". Please understand that the services outlined below are typically not available at Shiloh Home. If any of the services outlined below are requested by a county caseworker or other external member of the treatment team, Shiloh staff will help coordinate completion of the service with an outside contractor. Payment of the service will be the responsibility of the county. Shiloh Home is open to assuming responsibility for providing extra services outlined below, and this can be negotiated with the county on a case-by-case basis. Services typically not provided by Shiloh Home include: > Psychological evaluations > Neuropsychological evaluations ➢ Neurological evaluation > Sex offender evaluation > Polygraph > Plethysmograph > Mentoring Services With regard to medical care, it is not possible to guarantee that a physical examination will be completed within 14 days of placement due to the limited number of medical providers accepting Medicaid. A physical exam for youth placed at Shiloh Home will be scheduled within 14 days of placement. A physical examination is scheduled to ensure that a youth has obtained a routine medical exam at least once a year. With regard to dental care, Shiloh Home has no control over the scheduling of dentists who accept Medicaid. Effort will be made to secure a dental appointment within 60 days of placement and at a minimum a dental appointment will be scheduled within 60 days of placement at Shiloh Home. With regard to annual and triennial reviews of Individual Education Plans (IEP), Shiloh Home assumes responsibility for completion of annual IEP reviews. However, initial evaluations used to determine special education eligibility and triennial reviews of MP's are the responsibility of the youth's home school district. Shiloh Home will coordinate with the home school district and will provide support so that the youth's home school district may complete the initial staffing or triennial review. • SHILOH HOME,INC. Addendum B Populations Served by Shiloh Home: ➢ Male, 7 to 17 years > Sexually abusive youth > Youth with conduct issues and significant mental illness > Traumatized youth and youth with attachment issues Outline of Treatment Services offered to referred youth based on assessed need: ➢ 24 hour awake staff offering supervision, counseling, and structured programming > enrichment experiences provided through both on-grounds and off-grounds activities > independent living support ➢ a staff:client ratio of 1:5 during awake hours and not exceeding 1:10 during overnight hours ➢ a comprehensive psychosocial intake completed as part of the admission process ➢ an initial staffing scheduled within 10 days of placement > monthly treatment staffings to review progress and needs ➢ a monthly report summarizing treatment progress and ongoing needs > Specialized treatment for sexually abusive youth, 12 to 17 years > Specialized programming for young boys, 7 to 12 years > Substance abuse counseling, individual and group, when necessary > Structured programming for youth with significant conduct issues > Individual, group and family therapy up to weekly, as needed > Ongoing case management > Medication evaluations and medication management > Education provided through an on-grounds school Contract No.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Devereux Cleo Wallace, 7100 E Belleview Ave, Suite 210, Lakewood, CO 80111, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the 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 identified as Provider ID#39794. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase 1 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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. 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization,will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 39794 Devereux Cleo Wallace 8405 Church Ranch Blvd Westminster, CO 80021 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective,non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven(7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2)months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received,payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held,participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds,whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Pan Weld County Cl f FA +^, J% WELD COUNTY BOARD OF SOCIAL SERVICES, f. ,;%'''``, % BEHALF SOF THE WELD COUNTY DEPARTMENT OF SOCIAL O CE By, � �, �f e rj2l� p By: �,P �p Deputy Clerk to the Boar�� � G a , it •.iAv�I (412-12042) APPROVED AS TO FORM: CONTRACTOR C un Attorney Devereux Cleo Wallace 7100 E elleview Ave, Suite 210 L d, CO 80111 By: `7 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ka irector Agreement to Purchase ' RCCF Services Rev 06/11/02 Addendum(A)to the Agreement to Purchase Residential Treatment Center Services and RCCF Services between Devereux Cleo Wallace and Weld County Department of Social Services This addendum is made and entered into as of the 1St day of July 2002 by and between Weld County Department of Social Services "County" and Devereux Cleo Wallace "Contractor". In reference to Section IV,provision#12 of the Agreements, language shall be revised to read"Contractor agrees to make reasonable efforts to obtain Dental examinations within 60 days of placement and forward all appropriate information to the County". The undersigned individuals represent that they are fully authorized to execute this addendum on behalf of the respective parties. Weld County Department Devereux Wallace of Social Services By C/L 7--"c59 B ]r/"TIt--tiF si+ lSk�f Lt k7 r O Print Name Print Name (,F 2N cm 's.- or Pr.ir,cc ti i'e c-FOC Title Title 7/'2-9 /O'>^ g7/s/0 Z Date Date 1 Contract No.: PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and Devereux Cleo Wallace, 7100 E Belleview Ave, Suite 210, Englewood, CO 80111, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of $71.91 per day for children placed within the Residential Child Care Facility identified as Provider ID#39796. 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. This Agreement shall be in force from July 1, 2002, until the end of the Colorado fiscal year, June 30, 2003; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement,whichever event occurs first. 3. This Agreement maybe renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase 1 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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. 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 39796 Devereux Cleo Wallace 430 Gold Pass Heights Colorado Springs CO 80906 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status,which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06/11/02 • Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which maybe amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 RCCF Services Rev 06/11/02 • Contract No.: 1W 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which maybe amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 RCCF Services Rev 06/11/02 Contract•No.: PY 02/03-SS-23A-RCCF 6: Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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. Agreement to Purchase 6 RCCF Services Rev 06/11/02 Contract No.: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: 'mooL* �'_ '.b� Weld Coun .tler o WELD COUNTY BOARD OF SOCIAL SERVICES, i , `, .' ON BEHALF OF THE WELD COUNTY DEPARTMENT 1861 �j[' (� . OF SOCIAL SERVICES Ce .1 s4/ , O (ik-7t id A By: ! Li. , JO. By: Deputy Clerk to the Boar Glenn Glenn Vaad, Chair (1g11412004 APPROVED AS TO FO • -----,7' i CONTRACTOR ouinty Attorney Devereux Cleo Wallace 7100 E Belleview Ave, Suite 210 Engle 0000d, CO 8011 By: ,/ Y c WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: u Dir ctor ( Agreement to Purchase 7 RCCF Services Rev 06/11/02 Addendum (A) to the Agreement to Purchase Residential Treatment Center Services and RCCF Services between Devereux Cleo Wallace and Weld County Department of Social Services This addendum is made and entered into as of the 1st day of July 2002 by and between Weld County Department of Social Services "County" and Devereux Cleo Wallace "Contractor". In reference to Section IV,provision #12 of the Agreements, language shall be revised to read"Contractor agrees to make reasonable efforts to obtain Dental examinations within 60 days of placement and forward all appropriate information to the County". The undersigned individuals represent that they are fully authorized to execute this addendum on behalf of the respective parties. Weld County Department Devereux Cleo Wallace � of Social Services7� By i��' / B L r3lrs"re/ F snZT7� t o , Print Name Print Name ,5)T2C—cTD2 OF Fr-rvs oci= :1 i c i d2 Title Title Date Date 07/22/02 10:36 FAX 970 346 7691 WELD CTY S0C SERVICES Ii 010 Contract No-: PY 02103-SS-23A-RCCP AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this 1st day of July,2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called"County" and Family Pathways of Colorado,PO Box 3398,Idaho Springs,CO 80452, hereinafter called"Contractor". WHEREAS,the Colorado State Department of Social Services,hereinafter called"State Department" is authorized to provide social services to individuals and families of individuals through its agents,Count, Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE,it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of$71.35 per day for children placed within the Residential Child Care Faciity identified as Provider ID#45111. 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. This Agreement shall be in force from July 1, 2002,until the end of the Colorado fiscal year,June 30, 2003;or until the child is removed by the County;or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees,in writing,to terminate this Agreement,whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30)days notice by registered mail,return receipt requested. If notice is so given,this contract shall terminate on the expiration of the thirty(30)days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the tetras of this Agreement shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agiec,.wm to Purchase 1 Rev 06'11/02 RCCF Scrvices 07/22/02 10:36 FAX 970 346 7691 WELD CTY SOC SERVICES x¢.;011 Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and mot 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. 2. Payment for a child's temporary absence from the facility,including absence due to hospitalization,will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility,the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negctiated. between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#:45111 Family Pathways of Colorado 984 Hwy 103 Idaho Springs CO 80452 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contacts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase 2 R CCF Services Rev 06;11;02 07/22/02 10:36 FAX 970 346 7691 WELD CTY S0C SERVICES Ef 012 Contract No.: PY 02/03-SS-23A-RCCF SECTION IL MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies(2.710.70,2.710.71,2.710.72, 2.710.73,2.710.74)and Colorado Department of Human Services Child Care Licensing Divisior policy (7.714.131),the contractor may obtain; 1)Ordinary medical care,and 2)Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective,non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s)and the Cour ty,the parent(s)must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report,including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening.Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor,including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven(7)days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure,where possible,permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status,which comes to their attention. Agreement to Purchase 3 RCCF Services Rev 06'11/02 07/22/02 10:37 FAX 970 346 7691 WELD CTY SOC SERVICES Z013 Contract No_: PY 02103-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological(mental and behavioral)or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor ar d shall be reflected in the Attachment A. 5. At no longer than thirty-day(30)intervals after placement,Contractor shall provide County with written reports which address changes to the child's physical or psychological condition, changes in the child's family situation, education progress,significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL; 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services,the State of Colorado and any federal laws and regulations, as such,which may be amended from tine to time, and chill be binding on Contractor and control any disputes in this Agreement_ 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,Title XX of the Social Security Act of 1975 as revised,and provide. confidentiality of information concerning the child and the child's family. 4_ Maintain during the term of this Agreement a liability insurance policy of at least$400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and$400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least S25,000 or two(2)months gross receipts,whichever is greater,covering the activities of any of its officers,agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions,or any other defalcations of the Contractor. 6. Indemnify County,the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby,or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase 4 Rev 06'11/02 RCCF Services 07/22/02 10:37 FA% 970 346 7691 WELD CTY SOC SERVICES 1014 Contract No-! PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records,documentation and other records,which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection,review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered,using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received,payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days,and any subsequent appeal process,for children in placement with the Contractor pursuant to two (2)weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held,participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services,federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual,Volume VII,and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase 5 Rev 06/1 1/02 RCCF Services 07/22/02 10:38 FAX 970 346 7691 WELD CTY SOC SERVICES l? 015 Contract No.: PY 07103-SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. I- The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee,or servant of Contractor shall be deemed to be an employee,agent,or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement,if in State of Colorado or federal funds,whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal fiords for the purpose thereof. 3. It is agreed that if,after investigation,it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child,Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation,renewal, addition,deletion,or other amendment hereto shall have any force or effect unless embodied in a written Agreement. S. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement a:e carrietCt out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. • 1. In the event this contract is terminated, final payment to the Contractor maybe withheld at their di.scretior, of the County until final audit. Incorrect payments to the Contractor due to omission,error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado,Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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 patties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. Agreement to Purchase 6 Rev 06/11/02 RCCF Services 07/22/02 10:38 FAX 970 346 7691 WELD CIT SOC SERVICES 1]916 Contact No.: PY 02/03-SS-23A-RCCF 3. 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 which did not previously exist with respect to any person not a party to this Agreemert. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: • Weld County f.k . 1mM "' \ ' , WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTVENT an '—;\ OF SOCIAL SERVICES By BY- Deputy Clerk to the Bo ( 15 � enn V Chair (81//2/-26412) APPROVED AS TO FORM: L CONTRACTOR ey Family Pathways of Colorado PO Box 3398 Idaho Springs, CO 0452 By: 1/112 14/ y U WELD COUNTY DEPARTMENTPlifeeJ ��r��— OF SOCIAL SERVICES 7/x/0 By:c _� for Agreement to Purchase 7 RCCF Services Rev 06/.1/02 Jul 30 02 04: 48p COURT HOUSE, INC. 303-781 -0066 p. S • u u;Druz 14:23 FAX 970 348 7891 WELD CTY SOC SERVICES 4J010 Contract No.: PY 02/03-SS-23A-RCCF AGREEMENT TO P1JRCAASIE RCCF SERVICES TUTS AGREEMENT made this 1st day ofJul y,2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called"Cotuity" and Courthouse Inc., 333 W Hampden Ave, Suite 305,Englewood, CO 80111-2333,hereinafter called "Contractor". WHEREAS,the Colorado State Department of Social Services,hereinafter called"State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS,county wishes to provide these services by purchasing them from Contractor,and, WHEREAS,Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1• County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate e£$81.17 per day for children placed within the Residential Child Care Facility identified as Provider ID#45724. 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. This Agreement shall be in force from July 1, 2002,until the end of the Colorado fiscal year,June 30, 2003; or until the child is removed by the County: or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees,in writing,to terminate this Agreement,whichever event occurs first. 3. This Agreement maybe renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30)days notice by registered mail,return receipt requested. If notice is so given,this contract shall terminate on the expiration of the thirty(30)days or until the eligible child can be placed elsewhere, whichever occurs earlier,and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described. Agreement to Purchase RCCF Services 1 Rev 06/11/02 Jul 30 02 04: 49p COURT HOUSE, INC. 303-791 -0066 p. 10 07/25/02 13:24 FAX 970 348 7891 HELD CD' SOC SERVICES 011 Contract No.; PY 02/03 SS-23A-RCCF SECTION 1. DESCRIP'T'ION OF SERVICES TO BE PURCHASED, 1. The services purchased under this Agreement are Residential Child Care Facility services and 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. 2. Payment for a child's temporary absence from the facility,including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (}), 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility,the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4, All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement, However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are nor a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 45724 Marilee Center 3864 W Princeton et Denver CO 80236 7 Contractor shall not charge any additional fees to children or families of children referred by services provided under this Agreement_ County for 8. Contractor agrees not to assign the obligations wider this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Deparnnent of Social Services or his appointed designee. Agreement to Purchase RCCF Services 2 Rev MI INA Jul 30 02 04: 48p COURT HOUSE, INC. 303-781 -0066 p. 11 . urrco/oz 1a:z4 FAA 970 346 7691 WELD CT\' SOC SERVICES id 012 Contract No.: PY 02/03-$S-23A-RCCF SECTION IL MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies(2.710.70,2.710.71,2.710.72, 2.710.73,2.710.74)and Colorado Department of Human Services Child Care Licensing Division policy (7.714 1 31),the contractor may obtain 1)Ordinary medical care, and 2)Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect thu life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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 pa,et number(970)350-8389. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective,Don-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s)should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County,the parent(s)must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical,surgical or dental services provided and the medications administered to the child- 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report,including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening,Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor,including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven(7)days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure,where possible,permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status,wliclr comes to their attention. Agreement to Nurcllase RCCF Services 3 Rev 06/11/02 Jul 30 02 04: 49p COURT HOUSE, INC. 303-781 -0066 p. 12 07/25/02 13'25 FAX 970 346 7691 WELD CTX SOC SERVICES Im 01a Contract No.: PY 02/03SS-23A-RCCF SECTION III_ REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral fora. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological(mental and behavioral)or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30)intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition,changes in the child's family situation, education progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL; 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such,which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a liability insurance policy of at least$400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and$400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of at least$25,000 or two(2)months gross receipts,whichever is greater,covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts,omissions,or any other defalcations of the Contractor. 6. Indemnify County,the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions 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 or by conditions created thereby,or based upon any violations of any statute, ordinance,or regulation and the defense of any such claims or actions. Agreement to Purchase RCCF Services 4 Rev 06/11/02 Jul 3O O2 O4: 4Sp COURT HOUSE, INC. 3O3-781 -OO66 p. 13 - 07/25/02 13;25 FAX 970 349 7691 WELD CTY S0C SERVICES 4014 Contact No.: PY 02/03-5S-23A-RCCP 7, Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection,review or audit by federal, State Department or county personnel,and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered,using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received,payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two(2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held,participation may be by teleconference. 10 Agrcc to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. I l. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEP) for youth designated as a Special Education Students 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. SECTION V. COUNTY SHALL: I. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein,when Provider Rosters are submitted as described in Section IV,Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado,any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Depuuncnt Staff Manual,Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase RCCF Services S Rev 06/1 r/U2 Jul 30 02 04: 50p COURT HOUSE, INC. 303-781 -0066 p. 14 . U//ZD/U2 13:23 FAX 970 346 7691 WELD CT1' SOC SERVICES t0�. 015 Contract No.: PY02/03•SS•23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI_ GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them,contemplated by this Agreement is that of employer-independent contractor. No agent,employee,or servant of Contractor shall be deemed to be an employee, agent,or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent,employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement,if in State of Colorado or federal funds,whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation,it is shown that reasonable care was given to guard and protect personal items'nought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation,renewal, addition, deletion,or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5, The Contract shall permit the Colorado Department of Social Services to monitor the service program. fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports,on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 1. In the event this contract is terminated,final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error,fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado,Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. 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 tuidersigned 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. Agreement to Purchase RCCF Services 6 Rev 06/11/02 Jul 3O O2 O4: SOp COURT HOUSE, INC. 3O3-781 -OO66 p, 15 Ufft4foc rs:za FAA 870 348 7891 WELD CIY S0C SERVICES 4010 Contract No,: PY 02/03-SS-23A-RCCF 3. 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 which 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. IN WITNESS WIIEREOF, the parties hereto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: Weld Comity Ci@tk t Board :' WELD coIJNIY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES Deputy Link t0 the Board nti3s j BY ,F+4, lean Vaal,chat APPROVED AS TO FORM: Court none CONTRACTOR Courthouse Inc. 333 W Hampden Ave, Suite 305 Englewood, CO 80111-2333 By: " WELD COUNTY DEPARTMRNT OF SOCIAL SERVICES By: v l .t, Dire for I � Agreement to Purchase RCCF Services Bev 06/11/02 Jul 30 02 04: 47p COURT HOUSE, INC. 303-781 -0066 p. 2 07/25/02 13; 21 FAX 970 346 7891 WELD CTY SOC SERVICES IQ Oo3 Contract NO.: PY 02/03 SS-23A-RCCF AGREEMENT TO PIJRCI)IASE RCCF SERVICES THIS AGREEMENT made this 1st day ofJuly,2002 between the Weld County Board of Social Services, on behalf of the Weld County Department of Social Services hereinafter called"County" and Courthouse Inc.,333 W Hampden Ave, Suite 305, Englewood, CO 80110-2333,hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services,hereinafter called"State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children wider State Department Rules, and WI-MREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Residential Child Care Facility. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows. l. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of$81.33 per day for children placed within the Residential Child Care Facility identified as Provider ID#46050. 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. This Agreement shall be in force from July 1, 2002,until the end of the Colorado fiscal year, June 30, 2003;or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing,to terminate this Agreement,whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty (30) days notice by registered mail,return receipt requested. If notice is so given,this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4. This Agreement is in lieu of and supersedes all prior agreements between the panics hereto and relating to the care and services herein described. Agreement to Purchase RCCF Services 1 Rev G6/11/02 Jul 30 02 04: 47p COURT HOUSE, INC. 303-781 -0066 p. 3 • or/Z ,'U2 17:21 FAX 970 346 7691 WELD CTY SOC SERVICES IAJ00r Contract No.: PY 02/03-SS-23A-RCCF SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Residential Child Care Facility services and 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. 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization,will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility fnr the initial placement and return atter the treatment plan is completed. If the child runs away from the Contractor's facility,the County shall provide transportation to either return,the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor_ 4. All other transportation associated with the Contractor's proposed set vices will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plats must be negotiated between County and Contractor and arc not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. S. Any transportation costs to be incurred on behalf of this child which are to be home by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan,and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at Facility ID#: 46050 Daybreak-Princeton 3640 W Princeton Ave Denver CO 80236-2333 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. Agreement to Purchase RCCF Services 2 Rev 06/11/o2 Jul 30 02 04: 47p COURT HOUSE, INC. 303-781 -0066 p, 4 inn DIV J411 /Ual WELD CTY SOC SERVICES lQl U06 Contract No.: PY 02/03-SS-23A-RCCF SECTION II. MEDICAL CARE • I In accordance with the Weld County Department of Social Services policies(2.710,70,2.710.71, 2.710.72, 2.710.73,2310.74) and Colorado Department of Human Services Child Care Licensing Division policy (7.714.131).the contractor may obtain: I) Ordinary medical care, and 2)Emergency medical,surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as protect the life end health of a childrecommended delayed ity a utli laci medical child toriTy to and treatment cannot be delayed without placing the at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will not be made through phone mail messages. 3. Between 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 nunibe, (970) 350-8389. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical,surgical or dental services provided under this authorization. 5. Prior to any elective,non-routine or non-emergency medical,surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental lights are intact, authorization or attempts to obtain authorization from the parent(s)should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County,the parent(s)must be contacted for authorization. ty 6 The Contractor is required to maintain a complete record of all medical,surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report,including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor,including supervised off grounds excursions and extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven(7)days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure,where possible, permission from parents or guardians of the child placed with the Contractor, 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status,which conics to their attention. Agreemeer to Purchase RCCF Services g Rev 06/11/02 Jul 30 02 04: 47p COURT HOUSE, INC. 303-781 -0066 p. 5 07/z5/02 13:22 FAX 970 346 7691 WELD CTY SOC SERVICES Id 008 Contract No.: PY 02/03-SS-23A-RCCF SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1 Attaclunent A will be designated as the Placement Referral form,This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion.Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological(mental and behavioral)or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than thirty-day(30) intervals after placement, Contractor shall provide County with written reports which address changes to the child's physical or psychological condition,changes in the child's family situation,education progress,significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV, CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services,the Slate of Colorado and any federal laws and regulations,as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified undor State law. 3. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 3Q{of the Social Security ACt of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 4. Maintain during the term of this Agreement a stability insurance policy of at least$400,000 for property damage liability, SI50,000 for injury and/or damage to any one person, and$400,000 for total injuries arising from any one accident. 5. Maintain during the terms of this Agreement a fidelity bond of receipts, whichever is its least 5s agents o two(pl2)months gross greater,covering the activities of any of officers, or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions,or any other defalcations of the Contractor. 6. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions based upon or arising out of damage or injury, including death, to persons or proper ty caused or sustained in connection with the performance of this contract or by conditions created thereby, or based upon any violations of any statute,ordinance, or regulation and the defense of any such claims or actions. Agreement to Purchase kCCF Services q Rev 90111/02 Jul 30 02 04: 48p COURT HOUSE, INC. 303-781 -0066 p, 6 o u cJ;UZ AJ=ZZ PAX 870 348 7691 WELD CTX SOC SERVICES W3007 Cocoact No.; PY 02/03-SS-23A-RCCF 7. Maintain service program records, fiscal records,documentation and other records,which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the perfommucc of this Agreement. The above shall be subject at all reasonable times to inspection,review or audit by federal, State Department or county personnel,and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 8. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 9. Attend and participate in Foster Care Reviews for children in placement longer than 60 days,and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2)weeks written notice by the County_ If the facility is in a different part of the state from the county in which the review is held,participation may be by teleconference. 10. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration ofplacemcnt. 11. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 12. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 13. A full evaluation of an Individualized Educational Plan(IEl') for youth designated as a Special Education Students will be conducted every 3 years and reviewed every year. If the MEP 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 1. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 2. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein,when Provider Rosters arc submitted as described in Section IV, Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume V UI, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. Agreement to Purchase RCCF Services S Rev 00/11/02 Jul 30 02 04: 48p COURT HOUSE, INC. 303-781 -0066 p. 7 07/25/02 13:23 FAX 970 346 7691 WELD CTV SOc SERVICES O008 Contract No.: PY 02/03•SS-23A-RCCF 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that thc relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee,or servant of Contractor shall be deemed to be an employee,agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement,if in State of Colorado or federal finds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof 3. It is agreed that if, after investigation,it is shown that reasonable care was given to g personal items brought to Contractor by the Child, Contractor will be released from resp responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation,renewal, addition,deletion,or other amendment hereto shall have any force or effect unless embodied in a written Agreement. S. The Contract shall permit the Colorado Department of Social Services to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports,on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactoryperformance in the provision of purchased services under this Agreement. In the event this contract is terminated, final payment to thc Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County,as a debt due to both the State of Colorado,Colorado Department of Social Services and the County, any violation shall not be construed nt waiver of i as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. 2. It is expressly understood and agreed that the enforcement of the te rms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties o, 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. Agreement to Purchase RCCF Services 6 Rev 06/11/02 Jul 30 02 04: 48p COURT HOUSE, INC. 303-791 -0066 p. 8 • aei VC aa;eJ r4A a'ro 348 7881 WELD CTY SOC SERVICES X009 Contract No.: PY 02/03-SS•23A•RCCF 3- No portion of this Agreement shall be deemed to constitute a waiver of any immunities 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 which 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 circumventor replace such immunities. 1N WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month,and year first above written. ATTEST: Weld County CI r WELD COUNTY BOARD OF SOCIAL SERVICES, v ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL sERvicEs 1861 Deputy Clerk co the Bo By: Glenn em C it CC(/I (8ff z) APPROVED AS TO FORM: CountyAtiorn y �I - CONTRACTOR Courthouse Inc. 333 W Hampden Ave, Suite 305 Englewood, CO 80110-2333 By: SledLC -02 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: t for Agreement to Purchase RCCF Services 7 Rev 06/11/02 Hello