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Home My WebLink About20053305.tiff RESOLUTION RE: APPROVE ADDENDUM TO FORTY AGREEMENTS TO PURCHASE RESIDENTIAL TREATMENT CENTER/RESIDENTIAL CHILD CARE FACILITY 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 forty Addendums to Agreements to Purchase Residential Treatment Center/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 the following providers,commencing October 1, 2005, and ending January 1, 2006,with further terms and conditions being as stated in said addendums, and 1. Griffith Centers for Children (#39212) 21. Kids Ark in New Raymer Ranch (#34341) 2. Griffith Centers for Children (#49547) 22. Midway Youth Services, Inc. (#44002) 3. Griffith Centers for Children (#1512515) 23. Mountain Star Center (#13363) 4. Excelsior Youth Centers (#45243) 24. Serenity II Children's Home (#6566) 5. Family Pathways of Colorado (#45111) 25. Shiloh Home (#20335) 6. Friends of Children (#45205) 26. Shiloh Home (#32567) 7. Jefferson Hills (#12284) 27. Shiloh Home (#54169) 8. Jefferson Hills (#88459) 28. Shiloh Home (#62291) 9. Reflections for Youth, Inc. (#1530128) 29. Shiloh Home (#70967) 10. Reflections for Youth, Inc. (#1530130) 30. Youthtrack (#11723) 11. Reflections for Youth, Inc. (#1530131) 31. Youthtrack (#11724) 12. Third Way Center (#49487) 32. Youthtrack (#11725) 13. Third Way Center (#65346) 33. Youthtrack (#11727) 14. Third Way Center(#77810) 34. Alternative Youth Adventures (#105500) 15. Third Way Center (#1507881) 35. Childrens Ark, Inc. (#4261) 16. Alternative Homes for Youth (#2016) 36. Childrens Ark, Inc. (#40322) 17. Courthouse, Inc. (#45724) 37. Childrens Ark, Inc. (#96480) 18. Courthouse, Inc. (#46050) 38. Kathleen Painter Littler/North Range Behavioral Health (#6220) 19. El Pueblo Boys' and Girls' Ranch 39. Mount Saint Vincent Home (#45174) (#45146) 40. The University of Colorado Health Sciences Center, dba Synergy 20. Kids Ark in Sterling (#34340) (#49488) 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 forty Addendums to Agreements to Purchase Residential Treatment Center/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 the above listed providers be, and hereby are, approved. 2005-3305 SS0032 ADDENDUM TO FORTY AGREEMENTS TO PURCHASE RESIDENTIAL TREATMENT CENTER/RESIDENTIAL CHILD CARE FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN -VARIOUS PROVIDERS PAGE 2 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 �I_�D * WV/ WELD COUNTY, COLORADO ATTEST: � ;^�N illiam H. Je , Chair Weld County Clerk to the 71-4 M. eile, Pro- ems D uty Crerk to the B rd D vid E. Long ng TO O AS F IC Robeerrtt.D,�. �Ivfasd n oun ttorney J ` 4 ad l�l (31-�-t Glenn Vaad Date of signature: 07 2/05 2005-3305 SS0032 6 cfe ..e...\\:,6 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY,CO. 80632 webaite:www.co.weld.co.us I'D Administration and Public Assistance(970)352-1551 Child Support(970)352-6933 IIIIIC. COLORADO MEMORANDUM TO: William H. Jerke, Chair Date: November 3, 2005 Board of County Commissioners y/ FR: Judy A. Griego,Director, Social Services / / )l 1l/�1/ % RE: Addendums to Agreements to Purchase R sib dential Treatment CV enter (RTC)/Residential Child Care Facilities(RCCF) Services with Various Vendors Enclosed for Board approval is an Amendment of Agreement to Purchase RTC/RCCF Services between the Weld County Department of Social Services (Department)with various vendors. The Addendums were reviewed at the Board's Work Session held on 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 RTC/RCCF services. The vendors include: RTC Rates RCCF Rates 1. Griffith Centers for Children(#39212) $31.67 per day $76.19 per day 2. Griffith Centers for Children(#49547) $28.58 per day $76.19 per day 3. Griffith Centers for Children(#1512515) $41.36 per day $74.57 per day 4. Excelsior Youth Centers(#45243) $35.90 per day $76.27 per day 5. Family Pathways of Colorado(#45111) $34.00 per day $71.35 per day 6. Friends of Children(#45205) $36.50 per day $76.42 per day 7. Jefferson Hills(#12284) $29.32 per day $76.16 per day 8. Jefferson Hills(#88459) $29.32 per day $76.16 per day 9. Reflections for Youth,Inc. (#1530128) $41.00 per day $94.16 per day 10. Reflections for Youth, Inc. (#1530130) $41.00 per day $94.16 per day 11. Reflections for Youth, Inc. (#1530131) $41.00 per day $94.16 per day 12. Third Way Center(#49487) $40.00 per day $63.19 per day 13. Third Way Center(#65346) $40.00 per day $63.19 per day 14. Third Way Center(#77810) $40.00 per day $35.65 per day 15. Third Way Center(#1507881) $40.00 per day $62.40 per day 16. Alternative Homes for Youth(#2016) $20.25 per day $83.10 per day 17. Courthouse Inc. (#45724) $27.22 per day $81.17 per day 2005-3305 MEMORANDUM Page 2 Board of County Commissioners November 3, 2005 08. Courthouse Inc. (#46050) $27.22 per day $81.33 per day , 19. El Pueblo Boys' and Girls' Ranch(#45146) $32.50 per day $58.52 per day 20. Kids Ark in Sterling(#34340) $26.56 per day $72.83 per day 21. Kids Ark in New Raymer(#34341) $26.56 per day $72.83 per day 22. Midway Youth Services(#44002) $26.30 per day $115.07 per day .,23. Mountain Star Center(#13363) $43.63 per day $93.28 per day ,24. Serenity II Children's Home(#6566) N/A $135.73 per day 25. Shiloh Home(#20335) $34.13 per day $72.82 per day 26. Shiloh Home(#32567) $34.13 per day $54.21 per day i27. Shiloh Home(#54169) $34.13 per day $55.56 per day „28. Shiloh Home(#62291) $34.13 per day $55.56 per day 29. Shiloh Home(#70967) $34.13 per day $55.56 per day .,A0. Youthtrack(#11723) $21.57 per day $67.22 per day Al. Youthtrack(#11724) $21.57 per day $71.64 per day 32. Youthtrack(#11725) $21.57 per day $66.47 per day ,23. Youthtrack(#11727) $21.57 per day $72.64 per day .34. Alternative Youth Adventure(#105500) $29.95 per day $112.00 per day 35. Childrens Ark, Inc. (#4261) $31.75 per day $123.57 per day 36. Childrens Ark, Inc. (#40322) $31.75 per day $123.57 per day .37. Childrens Ark, Inc. (#96480) $31.75 per day $123.57 per day 38. Kathleen Painter Littler/NRBH(#6220) $31.34 per day $76.18 per day 39. Mount St. Vincent Home(#445174) $38.00 per day $65.08 per day 40. University of Colorado D.B.A. Synergy(#49488) $38.40 per day $71.18 per day If you have any questions,please telephone me at extension 6510. WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the"Agreement") between Emily Griffith Center Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#39212, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$31.67 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.19 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. °WS-- 33O5- 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: l617K4 j��G We •jozn4 -rk to the oard Lam WELD COUNTY BOARD OF r 1861 ,gam SOCIAL SERVICES, ON BEHALF ` � i OF THE WELD COUNTY r. 1 DEPARTMENT OF SOCIAL ri ®Er SERVICES By: ,il c1 ii d 'n By: I rt/:'� Depu Clerk to the .oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Emily Griffith CentersInc-. con< Ck i SA(et) 14142 Denver West Pkwy, I hc, Suite#225 Lakewood, co 80 1-3189 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direct 4 Weld County SS-23A d -SSOS" WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Emily Griffith Center Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#49547, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$28.58 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.19 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include,but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. O1)65-_3,.30`' 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. Add Paragraph 13 to Section N. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 9. 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. 10. 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 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. 11. Add Paragraph 16 to Section£V. 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; 2 Weld County SS-23A Addendum 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 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: W erk to the oard C \ WELD COUNTY BOARD OF 1861 SOCIAL SERVICES, ON BEHALF a OF THE WELD COUNTY DEPARTMENT OF SOCIAL ® ��`�' SERVICES By: 1 l an E(' By: (2‘- _5 72,--/ eput lerk to the and William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR —Emily Griffith CentersInc& Ckn Id re-An , l nc. 14142 Denver West Pkwy, Suite#225 Lakewood, CO 80401-3189 By: (f WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: _.)SittlI a ) Dire t r „J 02665--3S OS 4 Weld County SS-23A Addendum • WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Emily Griffith Center Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#1512515, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$41.36 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$74.57 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 1 Weld County SS-23A Adden us,sses 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: jp1 lede "° Weld -t 7,-C- k to the Board 111‘ 1 � WELD COUNTY BOARD OF B61 ` SOCIAL SERVICES, ON BEHALF iv OF THE WELD COUNTY f,-� DEPARTMENT OF SOCIAL ®�� SERVICES By: /Li an L' �Y By: cv✓ r i eputy lerk to the B rd William H. Jerke, Chair NOV 0 9 2005 Griffith Centers for Children, Inc. .—, /y.c. Central Administration 14142 Denver West Pkwy, Ste 225 Lakewood, CO 80401 80 By: J 4` - - WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: J/litebt V` Direr r J L O71;65- 3O5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM Os0 rT To that certain Agreement to Purchase Residential Treatment Center/) Services and Residential Child Care Facility Services (the "Agreement") qrj between Excelsior Youth Centers and Weld County Department of Social 4 Services for the period from October 1, 2005, through January 1, 2006, �0 unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#45243, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$35.90 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.27 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: 11,441/46a4 Weld ysu,;`lerk to the Board i. ,, WELD COUNTY BOARD OF ► i �a61 Ili�G_`a'� SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL Nl ' �,� SERVICES (),By: 1,d19U. 1 el Fe-hi By: te� De ut Clerk to the William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Excelsior Youth Centers 15001 E. Oxford Ave Aurora, CCO''80014 `� By:Lt WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irecto o?& 33 6'5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Family Pathways of Colorado and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#45111, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$34.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$71.35 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. cA91 Weld County SS-23A dd endu��C� 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: I"LI/a We ttEuum�� lerk to the Board a l . / `� J WELD COUNTY BOARD OF 5 SOCIAL SERVICES, ON BEHALF `18.1 tit:Az; OF THE WELD COUNTY DEPARTMENT OF SOCIAL ;�1 1 SERVICES By: tit(kl rail ((dem By: el,- Deputy"Clerk to th Board William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Family Pathways of Colorado 984 State Highway 103 Idaho Springs, CO 80452 By: i(CC�(!719a �``C6c.,?('lL /14 e WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: tQctt o 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Friends of Children and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#45205, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$36.50 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.42 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. o?o05t?SOS' ] Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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. AIL ATTEST: M__ W rk to the Board WELD COUNTY BOARD OF ,r)„, SOCIAL SERVICES, ON BEHALF 861 OF THE WELD COUNTY P::,. W _y DEPARTMENT OF SOCIAL r �� Y? SERVICES - - By: an EOM By: -WL----• DeputjaClerk to the Beard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Friends of Children 2950 Tennyson St Denver, CO 80212-3029 By: 474€40(- ( 1.G+L_ PLOW6 72X16/6- WELD COUNTY DEPARTMENT OF SOCIAL SERVICES (i f' ,4 w' & c`,r '> CL-l/� By: irector o?cZS- .33 05. 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Jefferson Hills and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#12284, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$29.32 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.16 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. eCG5- 3.5O5 1 Weld County S -23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: /D adli We Clerk to the Board 4 IE lida WELD COUNTY BOARD OF f . SOCIAL SERVICES, ON BEHALF S6 tCj OF THE WELD COUNTY DEPARTMENT OF SOCIAL �? ,; SERVICES l By: GLt i � �n GGi1Yt1 By: `2-, ✓llti Deput Clerk to thegoard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Jefferson Hills 421 Zang St Lakewood, CO 80228 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES , By: ( Direct &00-5-3:90 j 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Jefferson Hills and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#88459, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$29.32 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.16 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing,personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. XO65- 3305 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: aGi � r Weld Cou i erk to the Board E La WELD COUNTY BOARD OF wS1 SOCIAL SERVICES, ON BEHALF 1861 t n 432 THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES ‘C)1111\11 By: ,44-1 (1-11 jCI M By: /IL , Deput Jerk to the B and William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Jefferson Hills 421 Zang St Lakewood, CO 80228 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irector 4 Weld County SS-23A Addendum • WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Reflections For Youth,Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#1530128, agrees to provide: A. Room and Board services,which are listed in this Agreement at a rate of$41.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$94.16 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include,but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include,but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility services may include, but are not limited to: Basic 24- hour care and child maintenance_(food}_shclSer, clothing, educationalsupplies 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. cQOA5— 336: 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: iitni//S j Wel' %n uw.�lerk to the Board 4; WELD COUNTY BOARD OF �.'v; �` SOCIAL SERVICES, ON BEHALF ` `' ; ' ��• OF THE WELD COUNTY t •"'"�� DEPARTMENT OF SOCIAL `` ttr"• SERVICES Ai. le By: (\tSt444EAIaiid& 2 a� By: � k7Z / _, Deput Jerk to the B d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Reflections For Youth, Inc. PO Box 1860 Berthoud CO 80513 By: Dma �L `�L, WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: letAlt} Directo c4c2s 33 0,5- 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Reflections For Youth, Inc. and Weld County Department of Social Services for the period from October 1,2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#1530130, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$41.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$94.16 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include,but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child(20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 1 Weld County SS-23AAdden 3365 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: Likliat We1. icee!!"*+.`k to the Board i\ 1 . ./ -t p -.. N WELD COUNTY BOARD OF i IA • Teri SOCIAL SERVICES, ON BEHALF `Iasi +U= ` OF THE WELD COUNTY ,r. DEPARTMENT OF SOCIAL t / \i SERVICES By: AU VIM qa By: ` 5 fl s De u Clerk to th oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Reflections For Youth, Inc. PO Box 1860 Berthoud CO 8051 By: At WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 'rector L 4 Weld County SS-23A Addendum33 �S WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Reflections For Youth, Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#1530131, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$41.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$94.16 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing,personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child(20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility services may include,but are not limited to: Basic 24- hour care and child maintenance(food sh lg ter 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. mss- 330 Weld County SS-23A Adden um • 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum • 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 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 County Clerk to the Board ]E k,�� WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF 1861 �� OF THE WELD COUNTY � DEPARTMENT OF SOCIAL SERVICES By: u y / By: Deput Clerk to the B' . d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Reflections For Youth, Inc. PO Box 1860 Berthoud CO 80513 0A, By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direct r cc'a 5- 33,O5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Third Way Center and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#49487, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$40.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$63.19 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. c2ors- 3305 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: ataSet4 Welddiy},us,`erk to the Board /44 IE/Le\ WELD COUNTY BOARD OF , 0)1 OF SERVICES, ON BEHALF 1861ti...5,-"10 OF THE WELD COUNTY "'° �, DEPARTMENT OF SOCIAL ‘r• SERVICES SOU Art By: (I iRe i By: i k/(,./(eputy lerk to the Bo r d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Third Way Center PO Box 6 5 Denver, O 8 6 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: c_ 6)( (i\Ath Director cPCOS 06- 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Third Way Center and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#65346, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$40.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$63.19 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. cal©65-3305 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County 55-23A Addendum 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 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. Lgoa, ATTEST: Weld C+ 0 ,sn r,".,. to the Board �,`� 1'. / \k stP '� WELD COUNTY BOARD OF tut _ SOCIAL SERVICES, ON BEHALF `ie,t (( 4i — ,J OF THE WELD COUNTY DEPARTMENT OF SOCIAL •�/ \V SERVICES I By: OA G((� By: J �G.✓ eput Jerk to the Board William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Third Way Center PO Box 61385 Denver, CO 02(}E� I By: (/ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: U Direct4 07(0.5- 3 3e-S- 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Third Way Center and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#77810, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$40.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$35.65 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. QOo5 - 3365 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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. iLdetatAi ATTEST: Weld C Iwy to the Board a,; WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF 1861 , t3 OF THE WELD COUNTY DEPARTMENT OF SOCIAL ®� SERVICES By: Of 11 owl By: Deputy erk to the Bo William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Third Way Center PO Box 61385 Denver, C 6 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irector aer5"- 33Do 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Third Way Center and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#1507881, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$40.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$62.40 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include,but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. dns 3305" 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: Mile Weld Co wait-. o the Board WELD COUNTY BOARD OF I x SOCIAL SERVICES, ON BEHALF 11861 i0 %V I OF THE WELD COUNTY It DEPARTMENT OF SOCIAL ,`' W `m., SERVICES By: L 1.4 i tt✓1 , d By: ;91:7K1_,/ Deputy�lerk to the and William H. Jerke, Chair N0V 0 9 2005 CONTRACTOR Third Way Center PO Box 61385 Denver, CO 6 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Director 02065-33e5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Alternative Homes For Youth and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#2016, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$20.25 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$83.10 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child(20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. „Ras 23. 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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 Count Clerk to the Board `jj WELD COUNTY BOARD OF we SOCIAL SERVICES, ON BEHALF e6i owe:. OF THE WELD COUNTY ,,��a , DEPARTMENT OF SOCIAL %r. fi;r � SERVICES By: By: ki‘, /A--• Deput Jerk to the Bq,° d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Alternative Homes For Youth 700 West 84th Ave Thornton, CO 80260 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irector 4 Weld County SS-23A Addendum dCCm_ 1s(�5 WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Courthouse Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#45724, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$27.22 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$81.17 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. boas, 1 Weld County SS-23A Addendum • 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 teens 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 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: gdgida Weld C.. -rk to the Board P . 4 WELD COUNTY BOARD OF "a r ♦` SOCIAL SERVICES, ON BEHALF 1861 O kg OF THE WELD COUNTY r. DEPARTMENT OF SOCIAL ® f � SERVICES By: � 1 ' cx 12 F. �. By: A'1` Vi z-✓ eputy 1'erk to the Board William H. Jerke, Chair N0V 0 9 2005 CONTRACTOR Courthouse Inc. 333 W Hampden Ave, Suite 305 Englewood, CO 80111-2333 By: dill/ r. WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Directot c4L}VS-S3 25 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Courthouse Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#46050, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$27.22 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$81.33 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. c2CC5-3.3e 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: M" Weld Count's to the Board ,,\ . `4 WELD COUNTY BOARD OF aUa� I SOCIAL SERVICES, ON BEHALF '1 � OF THE WELD COUNTY '•it DEPARTMENT OF SOCIAL ‘a /WrN -NI SERVICES r le By: 4'Ldu 1 . at I'C By: 4-\---t.- ° �lG, eputy erk to the B� d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Courthouse Inc. 333 W Hampden Ave, Suite 305 Englewood, CO 80110-2333 wo By:L� ,0*ll9,i932> WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: "� irecto CL5-.33o.5- 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between El Pueblo Boys' and Girls' Ranch and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#45146, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$32.50 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$58.52 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: get/Ma Weld Co ' *2Z' to the Board 410 Ill %t j s/ 4% WELD COUNTY BOARD OF I a `` I` SOCIAL SERVICES, ON BEHALF V ' ' r O,k:?0 OF THE WELD COUNTY ♦� DEPARTMENT OF SOCIAL �� / / \ deg I SERVICES By: C)fr'U1 4111 611 By: � �� ✓ eputy erk to the Bed William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR El Pueblo Boys' and Girls' Ranch One El Pueblo Ranch Way Pueblo, CO 81006 By: QC7 cz,u - -) WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Q - tip ireF r a - .3305 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Kids Ark In Sterling and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#34340, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$26.56 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$72.83 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. a,ez -3305 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. Add Paragraph 14 to Section W. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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 1861 SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY �r. DEPARTMENT OF SOCIAL ®e wiat SERVICES By: 'Lf Crl1 Won/ By: eputy erk to the Board William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Kids Ark In Sterling PO Box 1725 Sterling, CO 80751 By: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: irect 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Kids Ark In New Raymer Ranch and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#34341, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$26.56 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$72.83 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 9a25-33O5 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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. at ATTEST: &S Weld 40i47rrr„y` the Board/ \` WELD COUNTY BOARD OF ha6t s �' SOCIAL SERVICES, ON BEHALF t 0 a. �g OF THE WELD COUNTY ,r 11 DEPARTMENT OF SOCIAL �`` SERVICES el By: l Niftyl 4� By: 1� / K dbeputy lerk to the Bo William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Kids Ark In New Raymer Ranch PO Box 1725 Sterling, CO 80751 �/ By: 97k:iti2 F - 412 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: t irector &A'5-23 Z'5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Midway Youth Services Inc. and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#44002, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$26.30 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$115.07 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include,but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. accts--3a O5- 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: �G�/��!/�G '� Weld Cot my Clerk to the Board \\ , `I_ 4 WELD COUNTY BOARD OF ,�� ` SOCIAL SERVICES, ON BEHALF apt I'�' •(5\a,_ I OF THE WELD COUNTY rya a' DEPARTMENT OF SOCIAL V- .; / SERVICES • 4% u1k ,l By: lave (flan By: Deputy Jerk to the Brd William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Midway Youth Services Inc. 729 Remington Fort Coll' s CO 80 By: no-/o-r WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Directgi deer - 33e 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the"Agreement") between Mountain Star Center and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#13363, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$43.63 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$93.28 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include,but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. (29ans-33 65 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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. jaAATTEST: I la Weld ..14t�� ' . the Board • 0,011 WELD COUNTY BOARD OF I �'$ SOCIAL SERVICES, ON BEHALF .j `, OF THE WELD COUNTY DEPARTMENT OF SOCIAL �� \e SERVICES 0.1 By: OM �� C By: `L ) �G�✓ Deputy Jerk to the B4rd William H. Jerke, Chair NOV 0 9 200,5 CONTRACTOR Mountain Star Center 3520 W Oxford Ave Denver, CO 80236 By:<-��ut� ,r�MeeG 4/Y5-- WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Directo • 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Serenity II Children's Home and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#6566, agrees to provide: A. Care and services, which are listed in this Agreement at a rate of$135.73 per day for children placed within the Residential Child Care Facility unless the child is eligible for the CHRP program. 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 Residential Child Care Facility 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, 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. 3. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 4. 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. 5. 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. nte.5 -33 OS 1 Weld County SS-23A Addendum 6. 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. 7. Add Paragraph 14 to Section W. 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. 8. 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 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. 9. 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. 2 Weld County SS-23A Addendum 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 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: g rnvlt Weld to the Board La WELD COUNTY BOARD OF o"��. SOCIAL SERVICES, ON BEHALF teat ti: OF THE WELD COUNTY �4,4-��,�` DEPARTMENT OF SOCIAL �® rl�` SERVICES L By: ,i/Ail ,iCtGZ - w, By: l 5lll'L,� Deputy ark to the Bo William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Serenity II Children's Home 7169 S. Liverpool St. Centennial, CO 80016 By' WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: L.,...dultj irector &&' -- .3i' J 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the"Agreement") between Shiloh Home and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 2005, are added to the referenced Agreement. Except as modified hereby, all terms of the Agreement remain unchanged. County agrees to purchase and Contractor, identified as Provider ID#20335, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$34.13 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$72.82 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 621)0.5-3S25 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: Ebuidalif Weld •es.%Clerk to the Board i`L { . / ,I % WELD COUNTY BOARD OF teLog) SOCIAL SERVICES, ON BEHALF 1861r OF THE WELD COUNTY t .4.4. DEPARTMENT OF SOCIAL V. SERVICES N,1 to By: 3 P tail gdl By: G'S �/ (i"L_ De put lerk to the and William H. Jerke, Chair NOV 0 9 ?005 CONTRACTOR Shiloh Home 6400 W Coal Mine Ave Littleto , CO-$0423 By: Cito,�z f frl v,A, Steven E. Ramirez/CEO WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: nth 1 k Director 1::\Alr-.9 07CD-S .S-3D5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Shiloh Home and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#32567, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$34.13 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$54.21 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: ikakia4 Weld C.�flhSu o the Board I ' • . i WELD COUNTY BOARD OF • r SOCIAL SERVICES, ON BEHALF 1861 t OF THE WELD COUNTY fSith r. �.�a •, DEPARTMENT OF SOCIAL ® �� SERVICES By: i 1 Icm (i'- By: CA-t.„� Deputy clerk to the B...d William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Shiloh Home 6400 W Coal Mine Ave Littleton, CO 80123 By: . ;en t,t, c` n �,, /c'fJ Steven E. Ram ez/CEO WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 'J Direct J U &cos--3 9os 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Shiloh House and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#54169, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$34.13 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$55.56 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 6065 336,x, 1 Weld County SS-23A Addendum • 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: f '^a Weld Co —rktothe Board ,I ' , . A s WELD COUNTY BOARD OF a rub •0°‘ SOCIAL SERVICES, ON BEHALF 1861 gi ,� OF THE WELD COUNTY 9Y DEPARTMENT OF SOCIAL `O We SERVICES By: 14 (/i I6 l� G By: gri '�G �/ eputy rk to the Bo r William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Shiloh House 6400 W Coal Mine Ave Littleton,C 123 By: - teven E. Rami z/CEO WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Di nr ices-3305 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Shiloh House and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#62291, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$34.13 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$55.56 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. ca9L fT-_ .jDS 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. Add Paragraph 13 to Section W. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 9. Add Paragraph 14 to Section W. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: ircaMa Weld C.- lerk to the Board WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF 1861 IC110 liszp OF THE WELD COUNTY r. DEPART SENT OF SOCIAL By: Dif i1ltiQA l Oki tiCIN By: 7i/l i Depu Clerk to thel oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Shiloh House 6400 W Coal Mine Ave Littlet 45CO 80123 By: tc-'^ 'j)w. teven E. R irez/CEO WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: C Direct t &MS--330 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Shiloh House and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#70967, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$34.13 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$55.56 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child(20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. O2OO5-33e) 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: �" uje ��'�" �' Weld • Clerk to the Board ` 'it WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF 1861 ,, OF THE WELD COUNTY DEPARTMENT OF SOCIAL 8O (AP SERVICES By ())11 ttiZ 1Ln1 By: it) DepuepudAAA��gggq Clerk to thoard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Shiloh House 6400 W Coal Mine Ave Littleton, 080423 By: `z C - S even E. Ramir z/CEO WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Dire r cep-5:232)S 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the"Agreement") between Youthtrack and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this /SA day of C 4 , 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/111723, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$21.57 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$67.22 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. ditCS -.3a O5 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. Add Paragraph 14 to Section W. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: fateti Weld �•in •e� i, .-rk to the Board ' wt►`= • WELD COUNTY BOARD OF `.;•om. SOCIAL SERVICES, ON BEHALF 18' t. �� OF THE WELD COUNTY li ,� DEPART ls ENT OF SOCIAL V. R16 Staresion- By: ( 9y/ILIti-An an g#1 By: f' .,�41---"Deput Clerk to the Bpard William H. Jerke, Chair J NOV 0 9 2005 CONTRACTOR Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By5)tJ €31-n-C_ WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: cit ctor li aiOns- 3.3O5 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Youthtrack and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this 4'I.day of Or-- F , 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#11725, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$21.57 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$66.47 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. c7CZ'-s- .S.345 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum • 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 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: a ►,/ '1 W- l'lo..,,rk to the Board r WELD COUNTY BOARD OF I SOCIAL SERVICES, ON BEHALF ttrievOF THE WELD COUNTY .ua I �t SERVICESENT OF SOCIAL • air le By: i1 Or By: �� ✓ Deputy Clerk to th oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Youthtrack 10184 W Bellview 300 Littleton, CO 80127 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: �P Directf* 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Youthtrack and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this /91.-day of G%' , 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#11724, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$21.57 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$71.64 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. :ADDS-,33 O5 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. Add Paragraph 13 to Section N. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 9. Add Paragraph 14 to Section W. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum • 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 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: MAU% Weld . aL Clerk to the Board I y wale � liN ` WELD COUNTY BOARD OF �' � SOCIAL SERVICES, ON BEHALF 1861) , OF THE WELD COUNTY M1Y evil�F , DEPARTMENT OF SOCIAL ,�® ' SERVICES By: 41.!'L(, I fait wavy By: 1 c�� De put Clerk to th oard William H. Jerke, Chair J NOV 0 9 2005 CONTRACTOR Youthtrack 10184 W Bellview 300 Littleton, CO 80127 By: r--`7-)c,v L yid c_l WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: (thil Director c5-331,5- 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM Q, To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") ° between Youthtrack and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner • terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this/,9k.day of et: I , 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#11727, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$21.57 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$72.64 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include,but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. &DGS- 3,3CJ 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum • 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 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: Ai.et1/1//a2 Weld County Clerk to the Board '" WELD COUNTY BOARD OF 4'a)' SOCIAL SERVICES, ON BEHALF 1861it �� OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES Net et By: 7 61 6 lG) By: ti-2L-• Deput lerk to the and William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Youthtrack 10184 W Bellview 300 Littleton, CO 80127 L-• By: rt— .1 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direct 3:445- 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Alternative Youth Adventures and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#105500, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$29.95 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$112.00 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child(20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. dODS-3S S 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: 46 �� f Weldooma ,`erk to the Board t,\� WELD COUNTY BOARD OF if SOCIAL SERVICES, ON BEHALF 1861 1( �� OF THE WELD COUNTY `� `� DEPARTMENT OF SOCIAL ‘e2b7 141 iliqj 00 By: t, 4� ran % 11 By: �� (7 Deput Clerk to th oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Alternative Youth Adventures 1236 N. Townse'd Montrose, CO :1 01 By: rn WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: J Director 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Childrens Ark, Inc and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this d/1'day of aid" , 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#4261, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$31.75 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$123.57 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. cWOG5 a3715 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: Mi/A.4 Wel,do,,.yu,,,, Jerk to the Board t \ j `� ♦, WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF 1861 t iQ ' , OF THE WELD COUNTY DEPARTMENT OF SOCIAL • , ,r. ti SERVICES By: )611/11t4rail i By: c, / r�DepClerk to th , oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Childrens Ark, Inc PO Box 1007 Green Mountain Falls, CO 80819 1)By: -44 (-Ka( WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: fel )Directq' (-1W -330 4 Weld County SS-23A Addendum • WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Childrens Ark, Inc and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. / The following provisions, made this,V day of ec fob 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#40322, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$31.75 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$123.57 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. g7DDS-S3OS 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: Asa "' Weld „ `rk to the Board ,S• } �f `� WELD COUNTY BOARD OF X SOCIAL SERVICES, ON BEHALF OF THE WELD COUNTY O� NimDEPARTMENT OF SOCIAL , _ •-•/ � , SERVICES By: (XelAittii �l� gaTh By:DepuClerk to thd Board William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Childrens Ark, Inc PO Box 1007 Green Mountain Falls, CO 80819 By: T✓c( WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Director 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Childrens Ark, Inc and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this gyp'day of (f)r d,- , 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#96480, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$31.75 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$123.57 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing(3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. &295- SC9C 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: gaW `!r Weld C. Clerk to the Board 4008 e, E 11'8` WELD COUNTY BOARD OF �` SOCIAL SERVICES, ON BEHALF 1861 t c;z �9�� OF THE WELD COUNTY �� ^',, DEPARTMENT OF SOCIAL SERVICES By: I• IC�n ,� By: d'�% � Deput Clerk to th(1 oard William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Childrens Ark, Inc PO Box 1007 Green Mountain Falls, CO 80819 By: ( '7: Y i WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 3Directo> v �7CDJ-_3:3 D� 4 Weld County SS-23A Addendum N WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center " Services and Residential Child Care Facility Services (the "Agreement") = between Kathleen Painter Littler/North Range Behavioral and Weld Count Department of Social Services for the period from October 1, 2005, through'° January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#6220, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$31.34 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$76.18 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. ,-90DS- 33es5 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record (CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. Add Paragraph 13 to Section W. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. 9. Add Paragraph 14 to Section W. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum • 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 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: ,t r % Weld Count Clerk to the Board 4,‘ WELD COUNTY BOARD OF ♦` SOCIAL SERVICES, ON BEHALF l8,l _Qv"' OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: l\e/PLI Q! m By: MTh,`,IIG O (Deputy lerk to the I card William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR • Kathleen Painter Littler/ North Range Behavioral 2350 3rd St Rd �� Greeley, CO 80631 By: --,72L-tee J `%L vA ecti WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ItialA, O, Directt c?M5 -3 3CS 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the"Agreement") between The University of Colorado Health Sciences Center dba Synergy and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#49488, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$38.40 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$71.18 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. o7 D.≤- 3.3O5 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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 Co•AIXC erk o tiie Board EL®`� WELD COUNTY BOARD OF SOCIAL SERVICES, ON BEHALF test � OF THE WELD COUNTY r �}5��s� DEPARTMENT OF SOCIAL V�Y 14 /1 SERVICES By: �. � \ 011 , , By: ��\- tA./ ' Dep ry Clerk to t Board William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR The University of Colorado Health Sciences Center dba Synergy 3738 W Princeton Cir Denver, CO 80236 BY: 4 `" -- 7 4 Harlan i Ray WELD COUNTY DEPARTMENT Contracts Manager OF SOCIAL SERVICES :_,rants and Contracts OfrBy: /11...) )Director : CCs-330, 4 Weld County SS-23A Addendum WELD COUNTY ADDENDUM To that certain Agreement to Purchase Residential Treatment Center Services and Residential Child Care Facility Services (the "Agreement") between Mount St. Vincent Home and Weld County Department of Social Services for the period from October 1, 2005, through January 1, 2006, unless sooner terminated by the Department of Social Services upon the provision of 30 days prior notice. The following provisions, made this day of , 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#45174, agrees to provide: A. Room and Board services, which are listed in this Agreement at a rate of$38.00 per day for children placed within the Residential Treatment Center. B. Care and services, which are listed in this Agreement at a rate of$65.08 per day for children placed within the Residential Child Care Facility. 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 11 to Section I. The services purchased under this Agreement as Room and Board services for Residential Treatment Center facility services include, but are not limited to: Child Maintenance (food, shelter, clothing, personal needs and allowance), Administration, Administrative Overhead, Support Staff, Support Overhead, and Sleep- over Staff. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: A. Food, including meals and snacks (35%); B. Clothing (3%); C. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (20%); D. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%); E. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%) 3. Add Paragraph 12 to Section I. The services purchased under this Agreement for Residential Child Care Facility 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, 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. 1 Weld County SS-23A Addendum 4. Add Paragraph 13 to Section I. Residential Treatment Center services for children that are deemed in need of rehabilitation will be assessed by the Colorado Client Assessment Record(CCAR) to determine the appropriate level of care. These services are reimbursable by Medicaid under this Agreement, as outlined in the Department of Health Care Policy and Finance, Staff Manual Vol. 8. • 5. Add Paragraph 14 to Section I. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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; 2 Weld County SS-23A Addendum 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 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: ate 4/4 Weld • u Clerk to the Board %3 lij a` WELD COUNTY BOARD OF ` SOCIAL SERVICES, ON BEHALF isbl " 'U' (1/42=i OF THE WELD COUNTY ' DEPARTMENT OF SOCIAL ;® ° `. �t SERVICES By: ; U& 1 '1 Tarl - II 2 By: 1\-):= K/L--/ Deputy Ierk to the t and William H. Jerke, Chair NOV 0 9 2005 CONTRACTOR Mount St. Vincent Home 4159 Lowell Blvd Denver, CO 80211 By: - WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Dir for a'GCS 33Z 5 4 Weld County SS-23A Addendum Hello