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HomeMy WebLinkAbout20051171.tiff RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -TRANSITIONS PSYCHOLOGY GROUP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Child Protection Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Social Services, and Transitions Psychology Group, commencing April 1, 2005, and ending May 31, 2005,with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the Child Protection Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services,and Transitions Psychology Group be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of April, A.D., 2005, nunc pro tunc April 1, 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William H. rke, Chair di) to the Board 1861 Ir `/�/ .` M. J. Bile, - em 4*' / .i erk to the Board — EXCUSED David E. Long ED AS T EXCUSED Robert D. Masden oun y Attorney 4 Gle n Vaad 0 Date of signature: *0.7- 2005-1171 SS0032 --- CO : SS 017-(4 am) 1;Ns:::, DEPARTMENT OF SOCIAL SERVICES OX A A P.O. B /�Tj� GREELEY, CO. OX80632A Website: www.co.weld.co.us " DC. Administration and Public Assistance(970)352-1551 Child Support(970)352-6933 COLORADO MEMORANDUM TO: William H. Jerke, Chair Date: April 6, 2005 Board of County Commissioners FR: Judy A. Griego, Director, Social Services(1 RE: Child Protection Agreement for Services Between the Weld County Department of Social Services and Transitions Psychology Group, LLC Enclosed for Board approval is a Child Protection Agreement for Services between the Weld County Department of Social Services and Transitions Psychology Group, LLC. The Agreement was reviewed at the Board's Work Session of April 4, 2005. The major provisions of the Agreement are as follows: A. The term of the Agreement is April 1, 2005 through May 31, 2005. B. Transitions Psychology Group will provide training and treatment services to support foster care homes involved in the Specialized Foster Care Program. The Specialized Foster Care Program is a step-down program from Residential Treatment Center(RTC) care. Transitions Psychology groups would provide an intensive training seminar, ongoing training seminars, individual and family therapy, crisis intervention, and on call services for five foster care homes. C. The Department agrees to reimburse Transitions Psychology Group at rates identified in the Agreement and at a maximum reimbursement level of$5,000. The source of funding is Child Welfare Administration or Core Services funding. If you have any questions,please telephone me at extension 6510. 2005-1171 Contract No.05-CPS-47 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND TRANSITIONS PSYCHOLOGY GROUP This Agreement,made and entered into the day of April 2005,by and between the Board of Weld County Commissioners, sitting as the Board of Social Services,on behalf of the Weld County Department of Social Services,hereinafter referred to as"Social Services,"and Transitions Psychology Group,hereinafter referred to "Transitions". WITNESSETH WHEREAS, required approval,clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS,the Colorado Department of Human Services had provided Child Welfare Regular Administration and Core Service funds to pay for thereriputic and training services for Child Welfare clients of social Services;and WHEREAS,Social Services has developed a Specialized Foster Care Program for children and youth who require intensive services;and WHEREAS,the Specialized Foster Care Program requires foster parents to maintain and obtain a high level of training and crisis support to meet the service demands of children and youth with severe emotional and behavioral needs; WHEREAS,Transitions is a non-profit organization that provides quality therapeutic training and crisis intervention services; WHEREAS, Social Services desires to enter into an agreement with Transitions to assist Social Services in providing therapeutic,training, and crisis intervention under the Specialized Foster Care Program. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Than This Agreement shall become effective on April 1,2005,upon proper execution of this Agreement and shall expire May 31,2005,unless sooner terminated as provided herein. 2. Scope of Services Services shall be provided by Transitions to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B, "Payment Schedule,"a copy of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child Welfare Regular Administration funds during the duration of this Agreement. Page 1 of 5 Contract No. 05-CPS-47 b. Transitions shall submit an itemized monthly bill to Social Services for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services. Transitions shall submit all itemized monthly billings to Social Services no later than the twenty-fifth(25)day of the month following the month the cost was incurred. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Child Welfare Regular Administration funds to Social Services. d. Social Services shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,Transitions shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Child Welfare Regular Administration funding must conform to the Single Audit Act of 1984 and OMB Circular A-133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. Transitions shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. Social Services may withhold any payment if Transitions has failed to comply with the Financial Management Requirements,program objectives,contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Transitions may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Transitions shall abide by all assurances as set forth in the attached Exhibit D,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable r aws At all times during the performance of this contract,Transitions shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards,regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,papers, documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. TRANSITIONS acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 et.seq.and its implementing regulation,45 C.F.R.Part 80 et.seq• and Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and - the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et.seq. its implementation regulations,45 C.F.R.Part 91;and Page 2 of 5 Contract No. 05-CPS-47 Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race, color, National origin, and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. If necessary,Transitions and Social Services will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S.Department of Health and Human Services, Office for Civil Rights. 8. Certifications Transitions certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 9. Mnpitnring and Fvaluatinn Transitions and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Transitions and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Transitions. Transitions shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Transitions pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data,special analyses, on- site checking,formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 10. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 11. Remedies The Director of Social Services or designee may exercise the following remedial actions should s/he find Transitions substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by Transitions. These remedial actions are as follows: Page 3 of 5 Contract No. 05-CPS-47 a. Withhold payment to Transitions until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables, which have not been performed and which due to circumstances caused by Transitions cannot be performed or if performed would be of no value to the Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; c. Incorrect payment to Transitions due to omission,error,fraud,and/or defalcation shall be recovered from Transitions by deduction from subsequent payments under this Agreement or other agreements between Social Services and Transitions,or by Social Services as a debt due to Social Services or otherwise as provided by law. 12. Representatives For the purpose of this Agreement,the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For Social Services: Gloria Rnmansik Social Services Administrator Name Title For Transitions: Gregory Creed Co-Director tami Moe-Hartman Co-Director Name Title 13. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: Social Services To: Transitions hndy A Griegp DirectorGregneedandiami_MoetHartman P O Box A 504 11 Avenue Greeley,CO 50637 Greeley,CO R0631 14. J.itig tion Transitions shall promptly notify Social Services in the event that Transitions learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.Transitions within five(5)calendar days after being served with a summons, complaint,or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s)to the Social Services Director. The term"litigation"includes an assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure. 15. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. Transitions reserves the right to suspend services to clients if funding is no longer available. Page 4 of 5 Contract No. 05-CPS-47 16. Entire Agreement This Agreement,together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 10 herein. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year '�nts4: lye written. al I ' / t�� ts.lt '�, 'Y �7 BOARD OF COUNTY EBOARD COMMISSIONERS WELD COUNTY,COLORADO ♦ : ale •-'� .eputyClerk APR 1 2005 William H. jerke, Chair AP AS TO FO TRANSITIONS ' BY ounty Att ey J oe-Hartman,Co-Director ego S.C ,Co-Director WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 1(4, ctor Page 5 of 5 o?00-5-//7/ Contract No. 05-CPS-47 EXHIBIT A SCOPE OF SERVICES 1. Project Description: The Specialized Foster Care Program provides a less restrictive alternative for weld County children with severe emotional and behavioral disorders through maintaining children in specialized foster homes and decreasing the need for residential treatment and hospitalization. Transitions agrees to support Social Services and its Specialized Foster Care Program by providing therapeutic, training and crisis intervention services to foster parents, and children,youth and families. 2. Type of Services to be Provided• a. Training: Transitions would provide intensive training to teach foster parents parenting skills proven effective with severe emotional and behavioral disorders. The training would consist of 12 hours of instruction and practice sessions. On-going training seminars will also be available based on the needs of the foster parent families. b. Therapy: Individual and family therapy services will be provided to treat the emotional and behavioral disorders and address family dynamics. These services will be provided in the home,at Transitions offices, or in other community settings(i.e. the child's school) as needed. c. Crisis Intervention: Transitions will have a counselor accessible to the foster families outside business hours to assist with managing difficult situations and provide alternatives to law enforcement intervention and hospitalization. A therapist will be on call 24-hours per day, seven days per week. d. Case management: Transitions counselors will participate in the monthly staffing with Social Services,other service providers and each foster family to monitor progress towards goals and provide support and consultation. e. Level of Service: The level of service to be provided in therapy will be based upon the needs of the primary client and the foster family in accordance with program objectives. All levels include on-call support. 1. J evel A• Intensive level of service ranging from 7-10 hours of direct service per week. Level A incorporates all types of services including therapy,crisis intervention, and case management. 2. Level R Moderate level of service ranging from 4-6 hours of direct service per week. Level B incorporates all types of services including therapy,crisis intervention,and case management. 3. Level C': Minimal level of service ranging from 2-3 hours of direct service per week. Level C incorporates all types of services including therapy, crisis intervention,and case management. Page 1 of 2 Contract No. 05-CPS-47 3. Program Standards• The effectiveness of the program will be measured by: a. Reduction in the number of children entering RTC placement; b. Increase in the number of children experiencing an early discharge from RTC programs; c. Retention of foster parents involved in the program; d. An evaluation of each placement,with consideration to: the quality of service provided for each child, the success and progress made by the child in placement,the child being in care for less time,and the ability to maintain the child in the current placement without moving the child to another placement or more restrictive environment; e. The need, or lack thereof,the child needing to re-enter care once they have left the program. Page 1 of 2 Contract No. 05-CPS-47 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Social Services agrees to reimburse Transitions in consideration for the work and services performed and as described in Exhibit B., 2., and in accordance with Exhibit A. The source of funds to be reimbursed to Transitions is Child Welfare Regular Administration or Core Services funds under the Emergency Assistance Program under the Colorado Family Preservation Act. Expenses incurred by Transitions,in association with said project prior to the term of this agreement, are not eligible Social Services expenditures and shall not be reimbursed by Social Services. Payment pursuant to this Contract, if Weld County funds,whether in whole or in part, is subject to and contingent upon the continuing availability of Weld County funds for the purposes hereof. In the event that said funds, or any part thereof,become unavailable as determined by Social Services, Social Services may immediately terminate this Contract or amend it accordingly. The maximum amount of this contract should not exceed$5,000 for the contract term. 2. Fees for Services Social Services agrees to pay the Contractor according to the fee schedule as follows: Service Fees Intensive Training Seminar $1080 per12-hour training course plus$50 per foster family for materials. Ongoing Training Seminars $180 per 2-hour seminar Individual and family therapy services $90 per hour Crisis Intervention $90 per hour On-Call services: 1-5 homes $1354 per month including$35 per night,Monday- Friday 7 p.m. to 7 a.m. and$70 per day on Saturday and Sunday Case Management Staffing $90 per hour Transitions understand they will only be reimbursed for direct client, face to face contact. Transitions will not bill for any missed appointments,missed therapy sessions, or failure to appear for any type of face-to- face contact by either the child, the foster parents, or Transitions Psychology Group representative. 3. Submittal of Vouchers Transitions shall prepare and submit monthly the itemized voucher according to the criteria listed under Exhibit A and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. Page 1 of 1 Contract No. 05-CPS-47 EXHIBIT C ASSURANCES Transitions agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of Transitions-contracted Transitions or its employees,volunteers,or agents while performing duties as described in this Agreement. Transitions shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Transitions shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request,Transitions shall provide Social Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section,subsections,paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections,paragraphs, sentences,clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. Transitions assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed, color,sex, or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under this approved Contract. 8. Transitions assures that sufficient, auditable,and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal, and State auditors, and representatives to audit and monitor Transitions. 9. All such records,documents, communications, and other materials shall be the property of Social Services and shall be maintained by Transitions, in a central location and custodian, in behalf of Social Services, for a period of four(4)years from the date of final payment under this Contract,or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the four(4)year period,or if audit findings have not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit finding. 10. Transitions assures that authorized local,federal,and state auditors and representatives shall,during business hours, have access to inspect any copy records,and shall be allowed to monitor and review Page 1 of 3 Contract No. 05-CPS-47 through on-site visits,all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and assigns. Transitions or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Transitions certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Transitions, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal, amendment, or modification of any Federal contract,loan, grant, or cooperative agreement. 13. Transitions assures that it will fully comply with all other applicable federal and state laws. Transitions understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Transitions assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period of preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal,state, or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification; and d. Have not within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not neressary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract,Transitions shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation,Transitions shall submit to Social Services,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with Transitions. 16. Transitions shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Page 2 of 3 Contract No. 05-CPS-47 Protection,no information about or obtained from any applicant/recipient in possession of Transitions shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Transitions written policies governing access to,duplication and dissemination of, all such information. Transitions shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Transitions shall provide its employees,agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs,internal operations and management procedures and those of its customers, clients or affiliates,but does not include information(1)lawfully obtained from third parties,(2) that which is in the public domain, or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by Transitions in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Transitions for similar information in the course of its own business. 18. Transitions certifies that s/he will abide by Colorado Revised Statute(C.R.S.) 26-6-104,requiring criminal background checks for all employees, contractors, and sub-contractors. Page 3 of 3 Hello