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HomeMy WebLinkAbout20051111.tiff RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - CHILDSAFE 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 ChildSafe, commencing January 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 ChildSafe 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 4th day of April, A.D., 2005, nunc pro tunc January 1, 2005. BOARD OF COUNTY COMMISSIONERS ��� WELD COUNTY, COLORADO � A '; >/' `�, ) /�� EXCUSED William H. e, Chair 1861 ;i- t �t [ lerk to the Bo rd wi , M. J. Geile, Pro-Tem puty Clerk to the Board EXCUSED D `d E. LLoong ��� n - AP O D ASJO �—C� a vVU 4.- D. Masd n ou orney �� J �.q Glenn Vaad - Date of signature: 'yi-/LS-- 2005-1111 SS0032 eig; SS (96(-d(a--OS DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, CO. 80632 Website:www.co.weld.co.us Administration and Public Assistance(970)352-1551 Child Support(970)352-6933 VIIDc COLORADO MEMORANDUM TO: William H. Jerke, Chair Date: March 31, 2005 Board of County Commissioners FR: Judy A. Griego, Director, Social Services rtt3 Ol-QGN RE: Child Protection Agreement for Services Between the Weld County Department of Social Services and ChildSafe Enclosed for Board approval is a Child Protection Agreement for Services between the Weld County Department of Social Services (Department) and ChildSafe. This Amendment was reviewed at the Board's Work Session of March 9, 2005. The major provisions of the Agreement are as follows: 1. The term of the Agreement is January 1, 2005 through May 31, 2005. 2. The source of funding is Core Services funding. 3. ChildSafe will provide evaluation and outpatient therapy for sexual abuse victims and their family members who are involved with the child welfare system. 4. The Department agrees to reimburse ChildSafe according to the fee schedule provided in the Agreement with a provision that any evaluation cannot exceed$1,000 in total per individual. If you have any questions,please feel free to ask me. -j 2005-1111 Contract No: 05-CORE-48 4f CHILD PROTECTION AGREEMENT FOR SERVICES ��"j BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVIdS AND CHILDSAFE Fj,11 This Agreement,made and entered into the day of March 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 CHILDSAFE,hereinafter referred to as"PROVIDER". WITNESSETH WHEREAS, required approval, clearance,and coordination have been accomplished from and with appropriate agencies;and WHEREAS,the Colorado Department of Human Services has provided Core Services funding to Social Services for outpatient therapy for sexual abuse victims and their family members. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Tema This Agreement shall become effective on January 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 the PROVIDER 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." of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core Service funding during the duration of this Agreement. b. The PROVIDER 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. The PROVIDER 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 Core Service 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. Page 1 of 5 o?ws - //// Contract No: 05-CORE-48 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, PROVIDER 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 Core Service 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. PROVIDER 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 the PROVIDER has failed to comply with the Financial Management Requirements,program objectives, contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,PROVIDER may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances PROVIDER shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable laws At all times during the performance of this contract, PROVIDER 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. PROVIDER 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. and its implementation regulations,45 C.F.R.Part 91;and 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,PROVIDER and Social Services will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. Page 2 of 5 Contract No: 05-CORE-48 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 PROVIDER 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. Monitoring and Evaluation PROVIDER and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by PROVIDER and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and PROVIDER. PROVIDER shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by PROVIDER 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 PROVIDER 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 PROVIDER. These remedial actions are as follows: a. Withhold payment to PROVIDER 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 PROVIDER 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 PROVIDER due to omission,error,fraud,and/or defalcation shall be recovered from PROVIDER by deduction from subsequent payments under this Agreement or other agreements between Social Services and PROVIDER,or by Social Services as a debt due to Social Services or otherwise as provided by law. Page 3 of 5 Contract No: 05-CORE-48 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 Romansik Social Services Administrator Name Title For CHILDSAFE: Kandy C Moore MS,LMFT Executive 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: CHILDSAFE Judy A Griego.Dirertor 1017 Robertson Street P O Rox A Fort Collins,CO 80524 Greeley,CO 80692 14. I itig.tion PROVIDER shall promptly notify Social Services in the event that PROVIDER learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. PROVIDER,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. PROVIDER reserves the right to suspend services to clients if funding is no longer available. 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. Page 4 of 5 Contract No: 05-CORE-48 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. , LiSaAit '.. a f ,'p WELD COUNTY BOARD OF COUNTY CLERK TO THE BOARD COMMISSIONERS W D 1861 ` COUNTY,COLO r . ,r O 1y: By: -�.6 ��.., ep Clerk M. S. Geile, Chair ProAFR pfl 4 2005. D AS T . CHILDSAFE: (BY t / (t Ci(y:wiN/- CV----247- C Attom y dy C.Mode,MS,L Executive D ctor WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direct Page 5 of 5 (065—fit/ Contract No: 05-CORE-48 EXHIBIT A SCOPE OF SERVICES The provider will provide the following services when requested in writing by the caseworker: A. Referrals. I. Referrals are made to Provider from Various community agencies including the Department of Human Services,Larimer County Child Advocacy Center, Law Enforcement, Medical Community, School Personnel,Mental Health Community,and through self-referral. 2. When a client calls into Provider,a call back will be made within 48 hours. At that point, information and referral information will be given or an appointment will be made with either the Executive Director or Clinical Director. 3. An intake session will take place with the parent or parents,where the client will have the opportunity to discuss the facts of their case and any concerns they have for their child or adolescent. 4. The Director will explain the treatment program and options for their family;paperwork will be filled out and payment resources will be discussed. 5. A decision will be made jointly regarding how to proceed and the family will be told that Provider therapists will contact them within a week. 6. The family will be asked to sign a Release of Information, which will enable Provider to begin a dialogue with the other professionals involved with that case. B. Treatment. 1. Provider is an outpatient treatment program for sexual abuse victims and their family members. 2. Services are in place to address the needs of all member so that family-the victim,non-offending parents and/or guardians, and siblings. 3. Treatment plans are individualized depending upon the facts of the case, family composition,and the desires of the family and system professionals. 4. Treatment of a family begins by assigning a therapist to each family member to begin individual therapy. Individual treatment techniques used by Provider therapists include Cognitive-Behavioral Therapy, EMDR,Play and Art Therapy,talk therapy, letter writing and journaling,confrontation, support, criminal justice support,role playing and education. At this time we will also incorporate group treatment for victims and non-offending parents. 5. Therapists at Provider engage in frequent case consultations in order to deliver coordinated services for the family. 6. Families maybe involved in treatment for one to two years. 7. Frequency of sessions typically begins with weekly group and individual sessions,progressing to less frequent individual sessions and the addition of dyad and family sessions. 8. For victims younger than age ten,individual Play Therapy is used in order to meet the needs of young children. Play therapy sessions are typically weekly but may involve more frequent sessions if the child's distress is extreme. 9. Parent consultation is done weekly as therapy progresses,parents often become directly involved in their child's sessions. C. Victim Clarification 1. When we have access to the perpetrator,we will coordinate with the sex offender treatment provider in order to obtain a Clarification either in person or through written correspondence. In the Clarification,the offender takes full responsibility for the victim's abuse and outline exactly what he/she did to that child. Page loft • Contract No: 05-CORE-48 2. The offender then outlines the child's positive qualities and how he/she used those qualities to coerce and manipulate the victim to comply with the abuse. 3. A typical Clarification takes many months to prepare for and complete. 4. If access to the offender is not accessible, a Victim Clarification for the child is prepared with the help of the non-offending parents. 5. Non-offending parents are instructed in writing a Clarification letter to their child victims in whom they take responsibility for their part in their child's abuse. The actual content of the letter will depend upon the facts of the case and needs of the victim. 6. When families complete our program they are sent away with the assurance that we will be available in the future to offer consultation and guidance as issues resurface months or years in the future. 7. Provider offers a safe environment, staffed by highly qualified therapists in order to help families navigate the often-devastating consequences of child sexual abuse. Page 2 of 2 Contract No: 05-CORE-48 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Social Services agrees to reimburse PROVIDER in consideration for the work and services performed under Core Service funding. Expenses incurred by PROVIDER, 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 Core Service funds,whether in whole or in part, is subject to and contingent upon the continuing availability of Core Service 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. 2. Fees for Services Schedule of Fees Rate Individual Therapy(therapeutic hour is 50 to 60 minutes) $100.00 per hour Individual Therapy&Consultation $25.00 per 15 minutes Offender Monthly Case Management $50.00 per 30 minutes Group Therapy(60 to 90 minutes in length) $50.00 per group Couples Group $50.00 per session per person Chaperon Group $50.00 per session per person Court Preparation&Testimony $100.00 per hour Case Preparation,Reports,&Letters $25.00 per 15 minute period Play Therapy Session $125.00 per hour Child Victim Evaluation $700.00 per evaluation Parent Child Interactional Evaluation $700.00 per evaluation Children's Assessment $400.00 to$460.00 per evaluation Psychological Test $100.00 per test Parental Risk Assessment $600.00 per assessment Psychosexual Evaluation(basic evaluation not including PPG) $600.00 to $800.00 per evaluation PPG Assessment $200.00 per assessment Polygraph Examination $225.00 per evaluation Project for Healthy Adolescent Sexual Expression(PHASE) $285.00 per month PHASE Parent Education Group $50.00 per group All insurance statements will be billed at the rate and serviced indicated above. Non-insurance bills can be discounted 5%for an individual bill paid to a"zero" balance at the time of service. On non-paid balances a 1'/z%per month or 18%annual fee will be assessed to your account. Fees for any evaluation will not exceed$1,000.00 total 3. Submittal of Vouchers PROVIDER shall prepare and submit monthly the itemized voucher 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-CORE-48 EXHIBIT C ASSURANCES 1. PROVIDER 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 PROVIDER-contracted PROVIDER's or its employees,volunteers,or agents while performing duties as described in this Agreement. PROVIDER shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. PROVIDER 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,PROVIDER 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 phase 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. PROVIDER 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. PROVIDER 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 PROVIDER. 9. All such records, documents, communications,and other materials shall be the property of Social Services and shall be maintained by PROVIDER, 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. PROVIDER assures that authorized local, federal, and state auditors and representatives shall,during Page 1 of 3 • Contract No: 05-CORE-48 business hours,have access to inspect any copy records,and shall be allowed to monitor and review 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. PROVIDER or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of PROVIDER, 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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Core Service funds. 14. PROVIDER 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 necessary 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,PROVIDER 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,PROVIDER 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 PROVIDER. 16. PROVIDER 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 Page 2 of 3 • Contract No: 05-CORE-48 administration of Child Protection,no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees,agents,and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER for similar information in the course of its own business. 18. PROVIDER certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104, requiring criminal background record checks for all employees, contractors, and sub-contractors. Page 3 of 3 Hello