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HomeMy WebLinkAbout20050317.tiff RESOLUTION RE: APPROVE AGREEMENT TO PURCHASE RESIDENTIAL CHILD CARE FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN - MIRANDA PLACE 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 an Agreement to Purchase Residential Child Care Facility Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and Miranda Place,commencing December 7,2004,and ending June 30,2005,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 Agreement to Purchase Residential Child Care Facility Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and Miranda Place 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 26th day of January, A.D., 2005, nunc pro tunc December 7, 2004. BOARD OF COUNTY COMMISSIONERS EL,� WELD COUNTY, COLORADO 11861 (� �. • �• �� ik I .ir-• ���///(((///� William H. Jerke, Chair e � r� •. lerk to the Board EXCUSED M. Bile, Pro-Tem //n Deputy Cl' k to the Board eI David E. Long APPR AS TO EXCUSED Wiz- Rob��typ. Masder� County Atto ey / 44,a 1a(2--f� Glenn Vaad Date of signature: ZS- 2005-0317 SS0032 gC; ( `"S) O�--CI' C a 47.-1) 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 O • COLORADO MEMORANDUM TO: William H. Jerke, Chair Date: January 24, 2005 Board of County Commissioners FR: Judy A. Griego, Director, Social Services 44,4,,k._,k_(-Al,l RE: Agreement to Purchase Residential Child Care Facilities (RCCF) Services Between Weld County Department of Social Services and Miranda Place Enclosed for Board approval is an Agreement to Purchase Residential Child Care Facilities (RCCF) Services between the Weld County Department of Social Services and Miranda Place. This Agreement is 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 Agreement was reviewed at the Board's Work Session of January 24, 2005. The major provisions of the Agreement are as follows: 1. The term is December 7, 2004 through June 30, 2005. 2. The Department agrees to reimburse Miranda Place at a rate of$68.19 per day that will include room, board, and treatment. If you have any questions,please telephone me at extension 6510. 2005-0317 DEC-09-207d THU 11 : 19 Aft WE:.D CTv DEPT S0C SR'7CS ?AX NC. (i70 346 7631 P. 14 Contract No.: Pi'04/05.99.23A-RCCF AGREEMENT TO PURCHASE RCCF SERVICES THIS AGREEMENT made this_day of , 2004 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 called"County' and Miranda Place,2032 Hightway 6 &50,Fruita, CO 81521,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. cpe- 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$68.19 per day for children placed within the Residential Child Care Facility identified as Provider ID#32635. 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 December 7,2004,until the end of the Colorado fiscal year,June 30, 2005: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 pe.-formance 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. Agreement to Purchase 1 ACCF Services zOPS o3yj DEC-09-20)4 TEU 11 : 19 RN WE:.D CTY GE?T S0C SRVCS ?AX N0. '370 346 7631 P. 15 Contract No.: PY 04105-SS-23A-RCCF 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. 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 ar d 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 aclarowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility 1D#: 32635 Miranda Place 2032 Highway 6 &50 Fruita CO 81521 7. Contractor shall not charge any additional fees to children or!families of children referred by County for services provided under this Agreement. Agreement to Purchase 2 RCCF Services CEC-09-2034 TH�U 11 :20 AM WEED CTY DE?T S0C SR'VCS FAX NO. 970 346 7631 P. 16 Contract No.; PF 04/05-SS-23A-RCCF 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 des:.gnee. 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 be made in a person-to-person communication,not through phone mail messages. 3. 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 noncegular work hours,weekends and holidays, the Contractor wilt 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 chi:.d. 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. Agreement to Purchase 3 RCCP Services DEC-09-2094 THU 1: :2 AM WE:.D CTY DE?T SOC SRJCS ?AX Na 970 346 7691 P. 17 Contract No,: PY 04/05-SS-23A-RCCF 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 Cott actor shall inform each other and the local school district of any changes in parental residence affecting educational status,which comes to their attention. SECTION IIL REASONS FOR REFERRAL AND TREATMENT PLAN 1, Attachment A will be designated as the Placement Referral fonn. 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 three-month intervals after placement, Contractor shall provide County with written reports which address the child's physical condition,psychological and social functioning,the child's family situation, educational progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Further, the Contractor agrees to sequence reports to be received by the County fifteen (15)days prior to judicial or administrative hearings or reviews when provided with thirty (30)day advance notice of such dates by County. 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 fruit' time to time, and shall be binding on Contractor and control any disputes in this Agreement. Awe:menu to Purchase 4 RCCP Sentces )EC-09-20J4 THU 1: :2: AN WE:11 CTY DEPT SOC SRVCS =AX NO, 970 346 7691 P. 13 Contract No.: PY 04/05-SS-23A-RCCF 2. Maintain a current license and maintain license requirements is specified under State law. 3. Not collect any fees from children or families of children referred by county for any services provided under this Agreement. 4. Not assign the obligations under this Agreement nor enter into any sub-contract without the express written approval of the Executive Director of the Colorado Department of Human Services or his/her appointed designee. 5. 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. 6. Abide by the policy and procedures as outline with the State cf Colorado rules in Staff Manual Volume VII, 7.714.90,regarding the use of restraints in an emergency situation. 7. 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. 8. 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/cr administration of this contract in order to make reparations for any wronged acts,omissions, or any other defalcations of the Contractor. 9. Indemnify County,the Colorado Department of Social Services ar.d 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. 10. 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. 11. 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. 12. 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 Agreement to Purchase RCCF Services DEC-09-2034 Tf,U 11 :22 All WELD 0TY DE?T S0C SR'VCS :AX NO, 970 346 7691 P. 19 Contract No.: PY 04/05.SS-23A-RCCF 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. 13. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 14. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 15. Obtain Dental examinations within 60 days of placement and::onward all appropriate information to the County. 16. A full evaluation of an Individualized Educational Plan (IEP)for youth designated as a Special Education Students will be conducted every 3 years ar..d 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. 17. Assure and certify that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered tnansartions 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, attemptng 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 2. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. Agreement to Purchase 6 RCCF Services DEC-09-20D4 THU 1: :23 AM WEI CT" DEPT SOC SRVOS FRX N0. 970 346 7631 R 2] Contract No.: PY 04/05-SS-23A-RCCF 3. 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 wader this Agreement. 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 ftmds,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 and the County 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. eement. Agncment to Fur:hese RCCF Services DEC-09-2034 TPU 11 :23 AN WED Cr! DE?T SOC SRVCS ?AX NO. 970 346 7631 P. 21 Contract No.: PY 04/85-SS-23A-RCCF 6. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the Cony 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. 7. 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. 8. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of carp,which did not previously exist with respect to any person not a party to this Agreement. The parties hereto aclatowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. Agreement to Purchase RCCF Services a )EC-09-2004 THU 11 :24 AM WED CT" DEPT SOC SRVCS ?AX NO. 970 346 7691 P. 22 Contract No.: PY D4/03sS-23A-RCCF SECTION VII. ATTACHMENTS PLACEMENT REFERRAL FOR RCCP SERVICES (Attachment A) Child's Name: State ID No: Oslo of Placement: 1. Legal Status of Cana. (Mark appropriuw box) ❑ Placed through a Voluntary Placement Contract signed by(PM hi Name). ❑ Placed mroegh court order and legal custody/guardl®ship iit held by Weld County DS& ❑ Placed through a Peddon for Review of Need for Placement with custody retained by(pill in Name). ❑ Other (please explain) 2. Reasons for purchasing services forthh child nee: MASON (If Other,please Explain) 3. Expected parent/guardla a/rdadre Involvement? O va O No Number of three per week expected It visits? 0 Will bansponatlon for vlsita be provided by dlc facillq,4pravider dialed below? O Yes Owe Number of times per week transportation tom Sanity/provider is expected? 0 Commons: 4. Services already edlhad prier topleraoent. (Murk appropriate box) ❑ In home services ❑❑ Placement with Malin Cty CC Fader Coro ❑ Shelter Caro El Substance Abuse Treatment O CORE Services Receiving Home CPA 8 RTC O CV regular Foster Cam El Day Treatment ❑ Kinship Care o Group Hone Ind.Living O Other(Specify) S. Smite."needed while the Initial Treatment Pin. (Mark appropriate box) AA prnpraa Setting: ❑ Therapeutic(Behavior Modification) O Secum In Other(explain) Adprupriate Counseling: Individual O Family O Group AArproprate Treatment: l,.( Sex Milder O AggressiwAriolat ❑❑ Substance Abuse ❑ Truancy O Victim Behavior ❑ Depnusion O Salfdastrucavc O Delinquency ❑ Special Medical Needs O Behavior Malilicalion ❑ Anger Management ❑ Ocher (Explain) 0privatisesEduadnnal Servicu: Special Ed. ❑ Public School El Treatment Omgrounds School ❑ Additional Tutoring O IndependwitLJving Training O Other (Explain) Eudmated dale for aoamplishkp treatment plan gosh are June 30,3000,tar before. 6. CCAk Lead of Care:(for RTC Placements Only) (Level) (copy lu Businese Off:o) O It has been determined that this child Is I.need of rehabilitative services. (Check Box If child IS paced within a VC) Need Based Cue AMennreirt Completed. (CPA Placements Only) ❑ Ycs O No (copy to Budnen O'0ce) 7. The antidputint living arrangement of child open amplednn of the Treatment Plan is: ARRANGEMENT (If nth.".,please explain) I1 the outcome.art not achieved in des amountaftimo as panned,Contraoiar agree.to meet with the Case My to rovtee this plan. I-MINTY FACILITY Well County Department of Snelal Services Facility Name PO Bel A Trails provider ID Crotty CO x0632 Addrea City,Siat4 Zip Provider Info: (If applicable) Riser Can Provider Intl Is provider ID Provider Addrese Cuscw'rkxr Siamawre City.State,Zip (Wcrrer Name) Cate Cloria Rcnantik,Administrator Signature of?Moo Autho•aed to Sign Agreement Cate Dam Agreement to Purchase g R027 services DEC-09-2034 THU 11 :25 AM WED CT.' DEPT SOC SRUCS PAX NO. 970 346 7691 P. 23 Contract Nu.t PY 04/05•SS-23A•RCCF IN WITNESS WHEREOF, the parties hereto have duly ex3uted the Agreement as of the day, month,and year first above written. Eta migh 1861 �3 r'% Weld County Clerk to the Board WELD CCUNTY BOARD OF SOCIAL �'+ K SERVICES.ON BEHALF OF THE mac:_ '+q..ci \` WELD CCUNTY DEPARTMENT OF SOCIAL SERVICES AZi By may/e Deputy Cl to e oard William H. Jerke, Chair JAN 2 6 2005 CONTRACTOR Miranda Place 2032 Flightway 6&50 Fruita, CI 81521 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By Director Agreement to Purchase ROOF Services 10 cOt2.S--03i7 Hello