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HomeMy WebLinkAbout20053302.tiff RESOLUTION RE: APPROVE ADDENDUM TO TWO AGREEMENTS TO PURCHASE GROUP CARE SERVICES AND AUTHORIZE CHAIR TO SIGN WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with two Addendums to Agreements to Purchase Group Care Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Social Services, and the following providers,commencing October 1,2005,and ending January 1,2006,with further terms and conditions being as stated in said addendum, and 1. Evergreen Group Center 2. Heritage House WHEREAS,after review,the Board deems it advisable to approve said addendums, copies of which are attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,ex-officio Board of Social Services,that the two Addendums to Agreements to Purchase Group Care Services between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Social Services, and the above listed providers be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said addendums. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 9th day of November, A.D., 2005, nunc pro tunc October 1, 2005. BOARD OF COUNTY COMMISSIONERS 1t'% WELD COUNTY, COLORADO ATTEST: I� /� 4,,, '2" l/� /i William H. Je , Chair Weld County Clerk to th a Bo 7outs M. eilero- D j•uty CI k to the e•=rd Day . L_ )ong� �N APP AS Tf�'F M: `k;/� Robert D. Alas en C ty' ttorney A iff , Date of signature: It Z7 Glenn Vaad--�' 2005-3302 SS0032 4.2 ; SS re s-- arta.14i DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY,CO. 80632 Website:www.eo.weld.co.us I Administration and Public Assistance(970)352-1551 lir I Ili Child Support(970)352-6933 C. COLORADO MEMORANDUM TO: William H. Jerke, Chair Date: November 3, 2005 Board of County Commissioners ji FR: Judy A. Griego, Director, Social Services a " r 1 RE: Addendums to Agreements to Purchase Gr p Home or Center Services with Various Vendors Enclosed for Board approval are Addendums to Agreements to Purchase Group Care Services between the Weld County Department of Social Services(Department)with various vendors. The Addendums were reviewed at the Board's Work Session of November 2, 2005. The Colorado Department of Human Services and the Colorado Department of Health Care Policy&Financing began negotiations in late June 2005 regarding funding formulas to include reduced Medicaid funding for 24-hour care facilities including Residential Treatment Centers (RTCs), Residential Child Care Facilities(RCCFs) and to finalize rate negotiations with Child Placement Agencies (CPAs). The Addendums provide for a continued 90 day period beginning October 1, 2005 through January 1, 2006, to maintain current reimbursement rates with vendors under the current contractual terms for Group Home or Center services. The vendors include: Regular Rates Sex Offender Rate 1. Evergreen Group Home/Center $80 per day $90 per day 2. Heritage House $88.77 per day If you have any questions,please telephone me at extension 6510. 2005-3302 WELD COUNTY ADDENDUM To that certain Agreement to Purchase Group Center Care Services ("Agreement") between Evergreen Group Center and Weld County '- Department of Social Services for the period from October 1, 2005, through June 30, 2006. `rte The following provisions, made this /1 day of DC.v , 2005, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor, identified as Provider ID #61317, agrees to provide: A. Care and services, which are listed in this Agreement at a rate of$80.00 per day for children placed within the Group Home/Center, or B. Care and services for the child deemed a sex offender, at a rate of$90.00 per day. These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 2. Add Paragraph 12 to Section I. The services purchased under this Agreement for Group Home/Center services may include,but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), Direct Child Care, Transportation, Administrative Overhead, Support Overhead, Service delivery Staff, which may include but are not limited to: Parent Training for Teens, Independent Living Training, Mentor/Advocate, and Supervised Visitation. 3. Add Paragraph 6 to Section II. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will be made in person-to-person communication, not through phone mail messages. During regular work hours, the Contractor will make every effort to notify the assigned caseworker, supervisor, or Intake Screener of any emergency medical, surgical or dental issues prior to granting authorization. During non-regular work hours, weekends and holidays, the Contractor will contact the Emergency Duty Worker at the pager number (970) 350-8389. 4. Section V, Paragraph 5. Children in Residential Treatment Facilities, Residential Child Care Facilities and Child Placement Agencies are not eligible to receive clothing allowances as outlined in the Weld County Department of Social Services Policy and Procedure Manual. 5. Add Paragraph 13 to Section IV. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 6. Add Paragraph 14 to Section IV. Agree to schedule physical examinations within 14 days after placement, dental examinations within 60 days after placement and forward all appropriate information to the County. 7. Add Paragraph 15 to Section IV. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Student will be conducted every 3 t Weld County SS-23A Addendum o' 5 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. 8. Add Paragraph 16 to Section IV. Assure and certify that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency. B. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity(federal, state, or local) with commission of any of the offenses enumerated in paragraph (B) above. D. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 12. Add Paragraph 7 to Section VI. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 13. Add Paragraph 8 to Section VI. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 14. Add Paragraph 9 to Section VI. The Director of Social Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: A. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; B. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the 2 Weld County SS-23A Addendum Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; C. Recover from the Contractor any incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement or other agreements between Social Services and the Contractor, or by Social Services as a debt to Social Services or otherwise as provided by law. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant in a case, which involves services provided under the agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Social Services' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure. 3 Weld County SS-23A Addendum IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. ATTEST: Weld to the Board WELD COUNTY BOARD OF � , z, OF THE WELD COUNTY � SOCIAL SERVICES, ON BEHALF a t l�l it 11, ino `r W DEPARTMENT OF SOCIAL N4( ti �,i SERVICES By: C (lth4l' /aif B Y�Depurk to the Bd34-d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Evergreen Group Center 1436 Hilltop Dr. Longmont, CO 80501 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: __ L Direr r 4 Weld County SS-23A Addendum O'ms-SS/JCR WELD COUNTY ADDENDUM r . .�- ,g, To that certain Agreement to Purchase Group Center Care Services ("Agreement") between Heritage House and Weld County Department of Social Services for the period from October 1, 2005, through June Ju/ 30, 2006. The following provisions, made this / day of OCiD , 2005, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. 1. County agrees to purchase and Contractor, identified as Provider ID #1520452, agrees to provide: A. Care and services, which are listed in this Agreement at a rate of$88.77 per day for children placed within the Group Home/Center. These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 2. Add Paragraph 12 to Section I. The services purchased under this Agreement for Group Home/Center services may include, but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), Direct Child Care, Transportation, Administrative Overhead, Support Overhead, Service delivery Staff, which may include but are not limited to: Parent Training for Teens, Independent Living Training, Mentor/Advocate, and Supervised Visitation. 3. Add Paragraph 6 to Section II. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will be made in person-to-person communication, not through phone mail messages. During regular work hours, the Contractor will make every effort to notify the assigned caseworker, supervisor, or Intake Screener of any emergency medical, surgical or dental issues prior to granting authorization. During non-regular work hours, weekends and holidays, the Contractor will contact the Emergency Duty Worker at the pager number(970) 350-8389. 4. Section V, Paragraph 5. Children in Residential Treatment Facilities, Residential Child Care Facilities and Child Placement Agencies are not eligible to receive clothing allowances as outlined in the Weld County Department of Social Services Policy and Procedure Manual. 5. Add Paragraph 13 to Section IV. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 6. Add Paragraph 14 to Section IV. Agree to schedule physical examinations within 14 days after placement, dental examinations within 60 days after placement and forward all appropriate information to the County. 7. Add Paragraph 15 to Section W. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Student will be conducted every 3 years and reviewed every year. If the IEP is due while the child is in placement, the 1 Weld County SS-23A Addendum aoos -330.2 Contractor will complete or obtain a completed IEP. A copy will then be forwarded to the County. 8. Add Paragraph 16 to Section IV. Assure and certify that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency. B. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (B) above. D. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 12. Add Paragraph 7 to Section VI. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 13. Add Paragraph 8 to Section VI. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 14. Add Paragraph 9 to Section VI. The Director of Social Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: A. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; B. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the 2 Weld County SS-23A Addendum Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; C. Recover from the Contractor any incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement or other agreements between Social Services and the Contractor, or by Social Services as a debt to Social Services or otherwise as provided by law. 15. Add Paragraph 10 to Section VI. The contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant in a case, which involves services provided under the agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Social Services' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure. 3 Weld County SS-23A Addendum IN WITNESS WHEREOF, the parties hereto have duly executed the Addendum as of the day, month, and year first above written. a t ATTEST: W - qt + o the Board N 4 .,:'" '' WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF sc OF THE WELD COUNTY �`t DEPARTMENT OF SOCIAL C° .,o),; pc SERVICES 4,4 OtliFidiv eput}}frrCClerk to the Pabard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Heritage House/rV ao v/7 r 333 East Street t� Louisville, CO 80027 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES V By:4)01/U\b. QVU/40- Dfor 1 4 Weld County SS-23A Addendum aacs-,13v Hello