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Home My WebLink About20021884.tiff RESOLUTION RE: APPROVE THIRTEEN (13) AGREEMENTS TO PURCHASE RESIDENTIAL CHILD CARE FACILITIES 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 thirteen (13) Agreements to Purchase Residential Child Care Facilities 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) Midway Youth Services, Inc. 2) Excelisor Youth Centers 3) El Pueblo Family Ranch Home 4) Alternative Homes for Youth (Longmont) 5) Alternative Homes for Youth (Emancipation/Golden) 6) Alternative Homes for Youth (Greeley) 7) Youthtrack -Alliance/Denver 8) Youthtrack - Grand Junction 9) Youthtrack -Alamosa 10) Youthtrack - Morrison 11) Youthtrack- Excel/Denver 12) Youthtrack - Pace/Colorado Springs 13) Youthtrack - Visions/Colorado Springs, 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 thirteen (13) Agreements to Purchase Residential Child Care Facilities 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. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. (JO SSCirU) 2002-1884 SS0029 RE: THIRTEEN (13) AGREEMENTS TO PURCHASE RESIDENTIAL CHILD CARE FACILITIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D., 2002, nunc pro tunc July 1, 2002. BOARD OF COUNTY COMMISSIONERS //� WEL OUNTY, OLO ADO ATTEST: i itg.lU A , t, nn Vaad, Chair Weld County Clerk to the Bo ;;c 1861 + ;� ' .CV USED ATE OF SIGNING (AYE) id E. ng, Pro-Tem BY: • Deputy Clerk to the Boar JD ' M. J. eile AF7D AS TO M: Ilii V/2 William H. Jerke ,z _ ounty At orney EXCUSED / Robert D. Masden g(/Date of signature: 2002-1884 SS0029 • DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80632 ' WEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551 mke Child Support(970)352-6933• COLORADO MEMORANDUM TO: Glenn Vaad, Chair Date: July 12, 2002 Board of County Commissioners FR: Judy A. Griego, Director, Social Services,/,'X L CL 11 • RE: Agreements to Purchase Residential Child are Facilities (RCCF) Services Between Weld County Depatturent 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. The major provisions of the Agreements 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. Midway Youth Services, Inc.: $117.06 per day. B. Excelsior Youth Centers: $76.27 per day C. El Pueblo Family Ranch Home: $60.70 per day D. Alternative Homes for Youth: $76.42 per day (Longmont) E. Alternative Homes for Youth: $83.10 per day (Emancipation/Golden) F. Alternatives Homes for Youth: $83.10 per day (Greeley) G. Youthtrack—Alliance/Denver $65.32 per day H. Youthtrack—Grand Junction $72.64 per day I. Youthtrack—Alamosa $66.47 per day J. Youthtrack—Morrison $71.64 per day K. Youthtrack—Excel/Denver $67.22 per day L. Youthtrack—Pace/Colorado Springs $55.21 per day M. Youthtrack—Visions/Colorado Springs $68.61 per day If you have any questions,please telephone me at extension 6510. 2002-1884 ' 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 Midway Yoy4h Services, Inc, 729 Remington, Fort Collins, CO 80524, 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 $117.06 per day for children placed within the Residential Child Care Facility identified as Provider ID#44002. 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#: 44002 Midway Youth Services, Inc. 1516 Remington Fort Collins CO 80524 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 Coin 8r WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: g.. By: , Deputy Clerk to the Board le V'lair (01)1 1 1'0104 APPROVED AS TO FORM: CONTRACTOR County Atto ey Mid .y Yo th Services, Inc 729 'emin_ on Fo, Collin•, CO $-0524 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direct r Agreement to Purchase ' RCCF Services Rev 06/11/02 Conftact 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 Ser&1s, on behalf of the Weld County Department of Social Services hereinafter called "County" and Excelsior Youth Centers, 15001 E. Oxfor Ave, Aurora, CO 80014, 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 $76.27 per day for children placed within the Residential Child Care Facility identified as Provider ID#45243. 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: 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#: 45243 Excelsior Youth Centers 15001 E Oxford Ave Aurora CO 80014 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 t o.: 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: gtetki'/ Weld County C T to ' •j WELD COUNTY BOARD OF SOCIAL SERVICES, H s` . ti� � ON BEHALF OF THE WELD COUNTY DEPARTMENT t° t f OF SOCIAL SERVICES �'• "`,444... ftV By: G`i• / t By: ©��Gldead Deputy Clerk to the Boar 2(-I/ �tiJ �1� f/Glenn Via (0"1/I 1/-l0 APPROVED AS TO FORM: CONTRACTOR ounty A omey Excelsior Youth Centers 15001 E. Oxfor Ave A ora, CO 80014 By: er( 47c JJ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irector Agreement to Purchase 7 RCCF Services Rev 06/11/02 Contract No,; PY 02/03-SS-23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES `n THIS AGREEMENT made this 1st day of July, 2002 between the Weld County Board4(Social Services, on behalf of the Weld County Department of Social Services hereinafter called "County" and El 1fileblo Family Ranch Home, One El Pueblo Ranch Way, Pueblo, CO 81006, hereinafter called "Contractor". 16- 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 $60.70 per day for children placed within the Residential Child Care Facility identified as Provider ID#79954. 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 1Vo.: 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 Depattutent 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#: 79954 El Pueblo Family Ranch Home 255 Michigan Pueblo CO 81004 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 Confract 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 Contact 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 X7o ''1:o., •. �J WELD COUNTY BOARD OF SOCIAL SERVICES, ./ - ON BEHALF OF THE WELD COUNTY DEPARTMENT 1851 �''k..:.r,, qq=r� OF SOCIAL SERVICES By: Tr Deputy Clerk to the Board `4, a ,\. G enn it (b7rfll- ... APPROVED AS TO FORM: CONTRACTOR County ttomey El Pueblo Family Ranch Home One El Pueblo Ranch Way Pueblo, CO 81006 By: Q . c. nu. c� WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irector Agreement to Purchase RCCF Services Rev 06/11/02 07/10/02 10:45 FAX 970 346 7691 {VELD CTY S0C SERVICES 2009 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 Alternative Homes For Youth,9201 W 44th Ave,Wheat Ridge, CO 80033, 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$76.42 per day for children placed within the Residential Child Care Facility identified as Provider ID#67497. 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 Rev 06/11/02 RCCF Services 9 07/10/02 10:45 FAX 970 346 7691 WELD CIT SOC SERVICES _,_ Tam Contract No.: FY 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 fwm 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#: 67497 Alternative Homes For Youth-Longmont 745 Highway 119 East Longmont CO 80501 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 Rev 06/11/02 RCCF Services 10 07/10/02 10:46 FAX 970 346 7691 WELD CTY SOC SERVICES_ Tih 011 Contract No.; PY 02103-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 Scrcener 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 Rev 06/11/02 RCCF Services 11 07/10/02 10:46 FA% 970 346 7691 WELD CTY SOC SERVICES _„ a 012 ConfractNo.: 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 Rev 06/11/02 RCCF Services 12 • 07/10/02 10:47 FAX 970 346 7691 -- WELD CTY SOC SERVICES — 21013 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 06/11/02 Rea'Services 13 • 07/10/02 10:47 FAX 970 346 7691 WELD CTY S0C SERVICES_ — a 014 Contract No.: PY 07J03-SS-23A-RCCP 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 of thonsible for its is Agreement. its acts or of any agent,employee, servants and sub-contractors during the performance 2. Payment pursuant to this Agreement,if in State of Colorado or federal fiends,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 octal 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 Rev 06/11/02 RCCF Services 14 07/10/02 10:47 FAX 970 346 7691 WELD CTY S0C SERVICES _. fdj 015 Contract No.: FY 02/03-SS-23A-RCCH 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 havecrreeat dt. ha duty of care which did not previously exist with respect to any person not a party to this Age 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 BOARD OF SOCIAL SERVICES, eld Co 1 ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES B By: Glenn and, -7)IlIXQ � Deputy Clerk to the�Qalfdr. APPROVED AS TO FORM: / CONTRACTOR County Attorney Alternative Homes For Youth 9201 W 44th Ave eat Ridge, CO 800337 By:fOc2-9L-A---WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: tit ector Agreement to Purchase 7 Rev 06/11/02 RCCF Services 15 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 Alternative Homes For Youth, 9201 W 44th Ave, Wheat Ridge, CO 80033, 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 $83.10 per day for children placed within the Residential Child Care Facility identified as Provider ID#11677. 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 •Contradt 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#: 11677 Alternative Homes For Youth- Emancipation 13435 W 32nd Ave Golden CO 80401 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 S 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. iLidATTEST: Weld County C f to +- :�5_�. )% WELD COUNTY BOARD OF SOCIAL SERVICES, - ON BEHALF OF THE WELD COUNTY DEPARTMENT 1g6Ii , '� OF SOCIAL SERVICES By: a 1f —x[ SS\ i By: Deputy Clerk to the Board : ' ° 1,v "r' Glenn , air (01 j n)ao:a) APPROVED AS TO FORM> C CONTRACTOR County Attorney Alternative Homes For Youth 9201 W 44th Ave Wheat Ridge, CO 80033 By:C4 JAL 0 A_�, 9 VP pr,..�-r, ,,u I c. F-o WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By. / taect Agreement to Purchase RCCF Services Rev 06/11/02 • 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 Alternative Homes For Youth, 9201 W 44th Ave, Wheat Ridge, CO 80033, 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 $83.10 per day for children placed within the Residential Child Care Facility identified as Provider ID#2016. 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: 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#: 2016 Alternative Homes For Youth - Greeley Alternative Homes For Youth- Greeley Greeley CO 80631 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 RCCF Services 4 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 ContractiNo.: 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 Clerk b 6' 8ei1 a WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 1861 Sc • By: .:r/ By: Deputy Clerk to the Boar O G e air(0'7/Ii I.00d) APPROVED AS TO FORM: CONTRACTOR County Atto ey Alternative Homes For Youth 9201 W 44th Ave eat Ridge, CO 80033 By: ^ Ci -f rcT Ye Dria-._ ns IC-Fa WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 01\,( i1 � Director Y Agreement to Purchase 7 RCCF Services Rev 06/11/02 • , 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $65.32 per day for children placed within the Residential Child Care Facility identified as Provider ID#11728. 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#: 11728 Youthtrack Alliance 920 Clarkson St Denver CO 80223 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 maybe 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: MO Weld County Cl �: :`• •i. 4 WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT !�� OF SOCIAL SERVICES 1861 Sc By: i� t . �e _ W .q, I By: Deputy Clerk to the Boa% 'UN `1S Glenn Vaa , air (07inIa� U NI APPROVED AS TO FORM: ---1------‘.--------. CONTRACTOR Count r Attdmey II Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: 4 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Director Agreement to Purchase RCCF Services Rev 06/11/02 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $72.64 per day for children placed within the Residential Child Care Facility identified as Provider ID#11727. 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#: 11727 Youthtrack Grand Ave 1020 Grand Ave Grand Junction CO 81501 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 Contra&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: �Lr�►�r�_ /j Weld County C to 11, :w. r WELD COUNTY BOARD OF SOCIAL SERVICES, mf -% ON BEHALF OF THE WELD COUNTY DEPARTMENT 186! kfic • 51 OF SOCIAL SERVICES ;T By: C0 /� sl.,' "t` s` By: ail Glenn V� Deputy Clerk to the Board _ � -� � r (0i l li kaoaa) APPROVED AS TO FORM: CONTRACTOR County ttorney Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: nr 2_ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: rector Agreement to Purchase RCCF Services Rev 06/11/02 • 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $66.47 per day for children placed within the Residential Child Care Facility identified as Provider ID#11725. 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 l 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#: 11725 Youthtrack San Lois Valley 1317 17 St Alamosa CO 81101 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 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 (7.714.131), 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 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: Midi Weld County Cler LSI ‘1/4::::,,, WELD COUNTY BOARD OF SOCIAL SERVICES, r,)\ ON BEHALF OF THE WELD COUNTY DEPARTMENT y A. OF SOCIAL SERVICES ts61c? By Deputy Clerk to the Boa 0 e�� By: Glenn Vaa , 1 I.7 I 200 APPROVED AS TO FORM: i ---' - CONTRACTOR County tto ey Youthtrack 10184 W Bellview 300 L. tleton, CO 80127 By: 70 Z WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ✓ /O 644.6irector Agreement to Purchase RCCF Services Rev 06/11/02 ' 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $71.64 per day for children placed within the Residential Child Care Facility identified as Provider ID#11724. 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#: 11724 Youthtrack Jeffco 5924 Hwy 285 Morrison CO 80465 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 RCCF Services 6 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 C e 6 WELD COUNTY BOARD OF SOCIAL SERVICES, ev� ON BEHALF OF THE WELD COUNTY DEPARTMENT c "` OF SOCIAL SERVICES IE5I :r' By: 7"e r_g. , By: S Deputy Clerk to the Bo --., 1 nn a air (01Illiaeoz) APPROVED AS TO FORM: 2 i CONTRACTOR ' County o y Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: yet_ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 'r ctor Agreement to Purchase RCCF Services Rev 06/11/02 ' 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $67.22 per day for children placed within the Residential Child Care Facility identified as Provider ID#11723. 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#: 11723 Youthtrack Excel 51 W 4th Ave Denver CO 80223 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 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 (7.714.131), 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: at a/410 f , Weld County Cler WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES Gl£611 dF .��. _gi �p K ��1' � By: Cr\Q.-TAW By: Deputy Clerk to the Bo '•iYp E+ ,e , Glenn C it (Ol IZ!a& . a)APPROVED AS TO FORM: —� CONTRACTOR County A omey Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: yet- WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ctor Agreement to Purchase RCCF Services 7 Rev 06/11/02 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $55.21 per day for children placed within the Residential Child Care Facility identified as Provider ID#11683. 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#: 11683 Youthtrack Pace 1715 Monteagle Colorado Springs CO 80909 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: m o Weld County O erk ' WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES C4 0 "f'F :t �4 `w"Kf� ; � Deputy Clerk to the Boa �w Glenn ad, C air (01 I Il Ia ) APPROVED AS TO FORM: CONTRACTOR County Attorney Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: 7oZ_ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ctor Agreement to Purchase RCCF Services Rev 06/11/02 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 Youthtrack, 10184 W Bellview 300, Littleton, CO 80127, 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 $68.61 per day for children placed within the Residential Child Care Facility identified as Provider ID#25337. 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#: 25337 Youthtrack Visions 1355 S 8th St 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 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 NQ.: 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: pp Weld County Clerk eC f�J} WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT 86 OF SOCIAL SS�E�RVICES By: `4 " e By: Deputy Clerk to the Board �!1 rr v,. •' Gle V it (011Il a) l � , C S L•� APPROVED AS TO FORM: ^' O O /J q CONTRACTOR Coufity ttomey Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: WELD COUNTY DEPARTMENT / U OF SOCIAL SERVICES By: Director Agreement to Purchase RCCF Services Rev 06/11/02 Hello