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Home My WebLink About20041740.tiff RESOLUTION RE: APPROVE TWO AGREEMENTS TO PURCHASE FOSTER FAMILY HOME SERVICES AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with two Agreement to Purchase Foster Family Home 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 July 1, 2004, and ending June 30, 2005,with further terms and conditions being as stated in said agreements, and 1. Harmony Host Homes, Inc. 2. Spectrum Community Services WHEREAS,after review,the Board deems it advisable to approve said agreements,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 Agreement to Purchase Foster Family Home Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the above listed providers be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS It'. IFSIL, N W LD COUNTY, COLORADO . 12,nejaaj% ia6t Robert D. Malden, Chair ;� d • � Clerk to the Board William . erke, Pro-Tem �1:6�► 2 s .. �It Via_ «_ �eputy Clerk to the Board M. ile APZ &c ED S TO (Th\X DavidLnty to y NQC li(/ Glenn Vaad fa2g Date of signature: 7//3l©/ ss(y ) 2004-1740 7_/sppl7L SS0031 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY,CO. 80632 ' Website:www.co.weld.co.us Administration and Public Assistance(970)352-1551 Child Support(970)352-6933 O • COLORADO MEMORANDUM TO: Robert D. Masden, Chair Date: June 21, 2004 Board of County Commissioners FR: Judy A. Griego, Director, Social Services y t,,,L li, l 4 ,. ( .. L J / RE: Agreements to Purchase Child Placement Y.gency/Children's Habilitation Residential Program Services Between Weld County Department of Social Services with Various Vendors Enclosed for Board approval are Agreements to Purchase Child Placement Agency (CPA)/Children's Habilitation Residential Program(CHRP) services between the Weld County Department of Social Services with various vendors. These Agreements were reviewed at the Board's Work Session of June 21, 2004. The major provisions of the Agreement are as follows: 1. The term is begins July 1, 2004, and ends June 30, 2005. 2. The Department agrees to reimburse vendors at a rate based on the Needs Based Care Assessment levels that include room, board, and treatment services or the Children's Habilitation Residential Program(CHRP) rate. The vendors are as follows: A. Harmony Host Homes, Inc. B. Spectrum Community Services If you have any questions,please telephone me at extension 6510. 2004-1740 Contract No.: PY 04/05-SS-23A-FFH AGREEMENT TO PURCHASE FOSTER FAMILY HOME SERVICES THIS AGREEMENT made this day of mu 2004 between the Board of County Commissioners, sitting as the Board of Social Sery es, on behalf of the Weld County Department of Social Services, hereinafter called "County" and Harmony Host Homes, Inc., 14091 Country Hills Dr., Brighton CO 80601, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Foster Family Home. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of$564.00 per month plus the CHRP rate for children placed within the Foster Family Home identified as Provider ID14372. 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 and are approved for CHRP funding. 2. This Agreement shall be in force from July 1, 2004, until the end of the Colorado fiscal year, June 30, 2005; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty(30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. Agreement to Purchase 1 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Foster Family Home services and may include, but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), Direct Child Care, Transportation, Administrative Overhead, Support Overhead, Therapeutic Recreation, Service delivery Staff, Direct therapy and evaluation, which may include but are not limited to: Psychological, Neurological Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offender Evaluation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Board Policy, Polygraph, Plethysmograph, Parent Training for Teens, Independent Living Training, Mentor/Advocate, and Supervised Visitation. 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 14372 Harmony Host Homes Inc. 14091 Country Hills Dr. Brighton CO 80601 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. Agreement to Purchase 2 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy(7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will be made in a person-to-person communication, not through phone mail messages. 3. During regular work hours, the Contractor will make every effort to notify the assigned caseworker, supervisor, or Intake Screener of any emergency medical, surgical or dental issues prior to granting authorization. During non-regular work hours, weekends and holidays, the Contractor will contact the Emergency Duty Worker at the pager number (970) 350-8389. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s)must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and Agreement to Purchase 3 RCCF Services Contract No.: PY 04/05-SS-23A-FFH extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven(7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County • will also secure, where possible,permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than three-month intervals after placement, Contractor shall provide County with written reports which address the child's physical condition, psychological and social functioning, the child's family situation, educational progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Further, the Contractor agrees to sequence reports to be received by the County fifteen (15) days prior to judicial or administrative hearings or reviews when provided with thirty (30) day advance notice of such dates by County. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Not collect any fees from children or families of children referred by county for any services provided under this Agreement. Agreement to Purchase 4 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 4. Not assign the obligations under this Agreement nor enter into any sub-contract without the express written approval of the Executive Director of the Colorado Department of Human Services or his/her appointed designee. 5. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 6. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 7. Maintain during the terms of this Agreement a fidelity bond of at least $25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 8. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions based upon or arising out of damage or injury, including death, to persons or property caused or sustained in connection with the performance of this contract or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. 9. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 10. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 11. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 12. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. Agreement to Purchase 5 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 13. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 14. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 15. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Students 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. 16. 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 2. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 3. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV, Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. Agreement to Purchase 6 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services and the County to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 6. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. Agreement to Purchase RCCF Services Contract No.: PY 04/05-SS-23A-FFH 7. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other • person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 8. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care, which 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. Agreement to Purchase 8 RCCF Services Contract No.: PY 04/05-SS-23A-FFH SECTION VII. ATTACHMENTS PLACEMENT REFERRAL FOR(Type of Service)SERVICES (Attachment A) Child's Name: State ID No: Date of Placement: I. ' Legal Status of Child. (Mark appropriate box) ❑ Placed through a Voluntary Placement Contract signed by(Fill in Name). • ❑ Placed through court order and legal custody/guardianship is held by Weld County DSS. ❑ Placed through a Petition for Review of Need for Placement with custody retained by(Fill in Name). ❑ Other (please explain) 2. Reasons for purchasing services for this child are: REASON (If Other,please Explain) 3. Expected parent/guardian/relative involvement? ❑ Yes ❑No Number of times per week expected for visits? 0 Will transportation for visits be provided by the facility/provider listed below? ❑ Yes ❑No Number of times per week transportation from facility/provider is expected? 0 Comments: 4. Services already utilized prior to placement. (Mark appropriate box) ❑ In home services ❑ Placement with Relative ❑ Cty CC Foster Care ❑ Shelter Care ❑ Substance Abuse Treatment ❑ CORE Services ❑ Receiving Home ❑ CPA ❑ RTC ❑ Day Treatment ❑ Cty regular Foster Care ❑ Kinship Care ❑ Group Home ❑ Ind.Living ❑ Other(Specify) 5. Services needed within the Initial Treatment Plan. (Mark appropriate box) Appropriate Setting: ❑ Therapeutic(Behavior Modification) ❑ Secure ❑Other(Explain) Appropriate Counseling: ❑ Individual ❑ Family ❑ Group Appropriate Treatment: ❑ Sex Offender ❑ AggressiveNiolent ❑ Substance Abuse ❑ Truancy ❑ Victim Behavior ❑ Depression ❑ Self-destructive ❑ Delinquency ❑ Special Medical Needs ❑ Behavior Modification ❑ Anger Management ❑ Other (Explain) Appropriate Educational Services: ❑ Special Ed. ❑ Public School ❑ Day Treatment ❑ On-grounds School ❑ Additional Tutoring ❑ Independent Living Training ❑ Other (Explain) Estimated date for accomplishing treatment plan goats are June 30,2005,or before. 6. CCAR Level of Care:(for RTC Placements Only) (Level) (copy to Business Office) ❑ It has been determined that this child is in need of rehabilitative services. (Check Box if child is placed within a RTC) Need Based Care Assessment Completed. (CPA Placements Only) ❑ Yes ❑ No (copy to Business Office) 7. The anticipated living arrangement of child upon completion of the Treatment Plan is: ARRANGEMENT (If other,please explain) If the outcomes are not achieved in the amount of time as planned,Contractor agrees to meet with the County to revise this plan. COUNTY FACILITY Weld County Department of Social Services Facility Name PO Box A Trails provider ID Greeley CO 80632 Address City,State,Zip Provider Info: (If applicable) Foster Care Provider Trails provider ID Provider Address Caseworker Signature City,State,Zip (Worker Name) Date Gloria Romansik,Administrator Signature of Person Authorized to Sign Agreement Date Date Agreement to Purchase 9 RCCF Services Contract No.: PY 04/05-SS-23A-fill IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST. Mk/Li �a County Clerk to the Board ICe` v WELD COUNTY BOARD OFSOCIAL J�nr� SERVICES,ON BEHALF OF THE 1861 It WELD COUNTY DEPARTMENT OF ! SOCIAL SERVICES , U11 Bye 7 jel Lo _\ /` ` 6-7C, By: -Deputy Clerk to the Board Robert D. Masden,Chair JUN 2 8 2004 APPROVED AS TO FORM: CONTRACTOR Coun Att ey Harmony Host Homes, Inc. 14091 Country Hills Dr. Brighton 80601 CBy: iy WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 1 �L� 'rector Agreement to Purchase RCCF Services 1O aeOy-17yn Contract No.: PY 04/05-SS-23A-FFH AGREEMENT TO PURCHASE FOSTER FAMILY HOME SERVICES • THIS AGREEMENT made this I 'day of A , 2004 between the Board of County Commissioners, sitting as the Board of Social Services}on behalf of the Weld County Department of Social Services, hereinafter called "County" and Spectrum Community Services, 2704 S Prairie Ave, Suite A, Pueblo CO 81005, hereinafter called "Contractor". WHEREAS, the Colorado State Department of Social Services, hereinafter called "State Department" is authorized to provide social services to individuals and families of individuals through its agents, County Departments of Social Services, and WHEREAS, County is authorized to purchase certain services for eligible children under State Department rules, and WHEREAS, County wishes to provide these services by purchasing them from Contractor, and, WHEREAS, Contractor is licensed as a Foster Family Home. NOW THEREFORE, it is hereby agreed that in consideration of the mutual Undertakings County and Contractor agree as follows: 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this Agreement at a rate of$564.00 per month plus the CHRP rate for children placed within the Foster Family Home identified as Provider IO5455. 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 and are approved for CHRP funding. 2. This Agreement shall be in force from July 1, 2004, until the end of the Colorado fiscal year, June 30, 2005; or until the child is removed by the County; or if the child's behavior would cause harm to himself or other children, and Contractor seeks approval from the County and the County agrees, in writing, to terminate this Agreement, whichever event occurs first. 3. This Agreement may be renewed only by entering into a new written Agreement, such as this Agreement, signed by the authorized representatives of the parties. In addition to the termination provisions in Paragraph 2 above, either party shall have the right to terminate this contract by giving the other party thirty(30) days notice by registered mail, return receipt requested. If notice is so given, this contract shall terminate on the expiration of the thirty(30) days or until the eligible child can be placed elsewhere, whichever occurs earlier, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. Agreement to Purchase 1 RCCF Services L*61)9 /7.9O Contract No.: PY 04/05-SS-23A-FFH 4. This Agreement is in lieu of and supersedes all prior agreements between the parties hereto and relating to the care and services herein described SECTION 1. DESCRIPTION OF SERVICES TO BE PURCHASED. 1. The services purchased under this Agreement are Foster Family Home services and may • include, but are not limited to: Basic 24-hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), Direct Child Care, Transportation, Administrative Overhead, Support Overhead, Therapeutic Recreation, Service delivery Staff, Direct therapy and evaluation, which may include but are not limited to: Psychological, Neurological Medication and follow-up, Family Therapy, Individual Therapy, Group Therapy, Sex Offender Evaluation and/or Sex Offender Treatment as prescribed by the Sex Offender Management Board Policy, Polygraph, Plethysmograph, Parent Training for Teens, Independent Living Training, Mentor/Advocate, and Supervised Visitation. 2. Payment for a child's temporary absence from the facility, including absence due to hospitalization, will be made in accordance with State Department rules in Staff Manual Volume VII, 7.406.1 (F). 3. Transportation shall be furnished by County between the child's residence and Contractor's facility for the initial placement and return after the treatment plan is completed. If the child runs away from the Contractor's facility, the County shall provide transportation to either return the child to the facility or to other care as arranged by the County. The County will make the decision to return the child to the facility, with input from the Contractor. 4. All other transportation associated with the Contractor's proposed services will be provided by Contractor. Any transportation costs not covered or contemplated in the original treatment plan must be negotiated between County and Contractor and are not subject to reimbursement under this Agreement. However, provisions for payment of other transportation may be provided for in the treatment/case plan. 5. Any transportation costs to be incurred on behalf of this child which are to be borne by persons or agencies which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall acknowledge their responsibility by signing the treatment/case plan. 6. Contractor will provide the purchased care and services at: Facility ID#: 5455 Spectrum Community Services 307 naa; tc4 2204 5 . 'FJrA rte Oe- Pttd k-CO 81003 S a -et. A to C VOo5 7. Contractor shall not charge any additional fees to children or families of children referred by County for services provided under this Agreement. Agreement to Purchase 2 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 8. Contractor agrees not to assign the obligations under this Agreement nor enter into any sub-contracts without the express written approval of the Executive Director of the Colorado Department of Social Services or his appointed designee. SECTION II. MEDICAL CARE 1. In accordance with the Weld County Department of Social Services policies (2.710.70, 2.710.71, 2.710.72, 2.710.73, 2.710.74) and Colorado Department of Human Services Child Care Licensing Division policy(7.714.131), the contractor may obtain: 1) Ordinary medical care, and 2) Emergency medical, surgical or dental care for said child after making reasonable efforts to contact the County to obtain consent. Emergency care is defined as any medical treatment as recommended by a licensed medical authority to protect the life and health of a child and treatment cannot be delayed without placing the child at risk. 2. Contact by the Contractor with the County regarding emergency medical, surgical or dental care will be made in a person-to-person communication, not through phone mail messages. 3. During regular work hours, the Contractor will make every effort to notify the assigned caseworker, supervisor, or Intake Screener of any emergency medical, surgical or dental issues prior to granting authorization. During non-regular work hours, weekends and holidays, the Contractor will contact the Emergency Duty Worker at the pager number (970) 350-8389. 4. The County will be notified by the facility no later than the following working day of any administration of emergency medical, surgical or dental services provided under this authorization. 5. Prior to any elective, non-routine or non-emergency medical, surgical or dental services being provided, authorization must be obtained from the assigned caseworker or supervisor. If parental rights are intact, authorization or attempts to obtain authorization from the parent(s) should also be documented. If the placement is made through a voluntary placement agreement between the parent(s) and the County, the parent(s) must be contacted for authorization. 6. The Contractor is required to maintain a complete record of all medical, surgical or dental services provided and the medications administered to the child. 7. The Contractor will provide an up-to-date copy of the medical record to the County at the time of submittal of each progress report, including the discharge report at the time of the child's termination from the care of the Contractor. 8. County and Contractor shall insure that the Child is enrolled in the Early and Periodic Screening, Diagnosis and Treatment Program. 9. It is agreed and permission is granted for the child to participate in planned recreational and social activities of Contractor, including supervised off grounds excursions and Agreement to Purchase 3 RCCF Services Contract No.: PY 04/05-SS-23A-FFH extended trips within the State, provided that Contractor has written permission from County and legal custodian for any trips out of Colorado for any reason and any planned absence from the facility of over seven (7) days within a consecutive 30-day period. Such written permission may be in the treatment/case plan. Further, Contractor and County will also secure, where possible, permission from parents or guardians of the child placed with the Contractor. 10. County and Contractor shall inform each other and the local school district of any changes in parental residence affecting educational status, which comes to their attention. SECTION III. REASONS FOR REFERRAL AND TREATMENT PLAN 1. Attachment A will be designated as the Placement Referral form. This referral will be child specific and shall include the initial Treatment Plan that shall be goal oriented and time-limited. 2. The Treatment Plan shall include the anticipated living arrangement and the anticipated educational arrangement for the child upon completion. Also included will be the anticipated date for discharge from treatment purchased as well as provisions concerning the involvement of the child's family in treatment of the child. 3. County and Contractor agree and understand that the psychological (mental and behavioral) or physical problems which necessitate purchasing services for this child are specified in the Attachment A. 4. Modifications to the initial Treatment Plan shall be agreed upon by the County and Contractor and shall be reflected in the Attachment A. 5. At no longer than three-month intervals after placement, Contractor shall provide County with written reports which address the child's physical condition, psychological and social functioning, the child's family situation, educational progress, significant incidents or disciplinary actions, and progress made to achieve goals specified in the Treatment Plan. Further, the Contractor agrees to sequence reports to be received by the County fifteen (15) days prior to judicial or administrative hearings or reviews when provided with thirty (30) day advance notice of such dates by County. Contractor shall participate in all Foster Care Reviews as scheduled by the County and insure the attendance of the child. SECTION IV. CONTRACTOR SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Social Services, the State of Colorado and any federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Contractor and control any disputes in this Agreement. 2. Maintain a current license and maintain license requirements as specified under State law. 3. Not collect any fees from children or families of children referred by county for any services provided under this Agreement. Agreement to Purchase 4 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 4. Not assign the obligations under this Agreement nor enter into any sub-contract without the express written approval of the Executive Director of the Colorado Department of Human Services or his/her appointed designee. 5. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security Act of 1975 as revised, and provide confidentiality of information concerning the child and the child's family. 6. Maintain during the term of this Agreement a liability insurance policy of at least $400,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $400,000 for total injuries arising from any one accident. 7. Maintain during the terms of this Agreement a fidelity bond of at least$25,000 or two (2) months gross receipts, whichever is greater, covering the activities of any of its officers, agents or employees responsible for the implementation and/or administration of this contract in order to make reparations for any wrongful acts, omissions, or any other defalcations of the Contractor. 8. Indemnify County, the Colorado Department of Social Services and the State of Colorado against any and loss against all claims and actions based upon or arising out of damage or injury, including death, to persons or property caused or sustained in connection with the performance of this contract or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. 9. Maintain service program records, fiscal records, documentation and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement. The above shall be subject at all reasonable times to inspection, review or audit by federal, State Department or county personnel, and other persons authorized in writing by the Executive Director, Colorado Department of Social Services. 10. Bill the County for services rendered, using the required Division of Child Welfare Provider Roster. This roster is to be mailed to the County department by the last day of the month of care. If Provider Rosters are not received, payments will be held until the required paperwork is received. 11. Attend and participate in Foster Care Reviews for children in placement longer than 60 days, and any subsequent appeal process, for children in placement with the Contractor pursuant to two (2) weeks written notice by the County. If the facility is in a different part of the state from the county in which the review is held, participation may be by teleconference. 12. Agree to cooperate with any vendors hired by Weld County Department of Social Services to shorten the duration of placement. Agreement to Purchase 5 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 13. Obtain physical examinations within 14 days of placement and forward all appropriate information to the County. 14. Obtain Dental examinations within 60 days of placement and forward all appropriate information to the County. 15. A full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Students 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. 16. 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. SECTION V. COUNTY SHALL: 1. Determine eligibility of the child under this Agreement for placement and medical coverage. 2. Assess and collect fees in accordance with the rules and regulations of the Colorado Department of Social Services. 3. Reimburse Contractor by the 15th of the following month in accordance with fiscal system time frames for services purchased under this Agreement in accordance with the established rate specified herein, when Provider Rosters are submitted as described in Section IV, Number 8. 4. Abide by all the rules and regulations of the Colorado Department of Social Services, federal rules and regulations and the laws of the State of Colorado, any of which may be amended from time to time. Agreement to Purchase 6 RCCF Services Contract No.: PY 04/05-SS-23A-FFH 5. Monitor child's progress in accordance with the treatment/case plan and the requirements of State Department Staff Manual, Volume VII, and provide consultation and/or technical assistance to Contractor in relation to the services purchased under this Agreement. 6. Involve Contractor in planning for the child and give the Contractor a copy of the Discrete Case Plan at time of placement or as soon as completed and when updated or revised. SECTION VI. GENERAL PROVISIONS. 1. The Parties to this Agreement intend that the relationship between them, contemplated by this Agreement is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts or of any agent, employee, servants and sub-contractors during the performance of this Agreement. 2. Payment pursuant to this Agreement, if in State of Colorado or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado and federal funds for the purpose thereof. 3. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Contractor by the Child, Contractor will be released from responsibility for loss or damage to such personal items. 4. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Agreement. 5. The Contract shall permit the Colorado Department of Social Services and the County to monitor the service program, fiscal books and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child through program reports, on-site visits where applicable and other contracts as deemed necessary. The Contractor understands that the Colorado Department of Social Services will provide consultation and technical assistance to Contractor to assure satisfactory performance in the provision of purchased services under this Agreement. 6. In the event this contract is terminated, final payment to the Contractor may be withheld at their discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or misuse of funds shall be recovered from the Contractor either by deduction from subsequent payments under this contract or other contracts between the County and the Contractor or by the County, as a debt due to both the State of Colorado, Colorado Department of Social Services and the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this contract or appropriate statutes and regulations. Agreement to Purchase RCCF Services Contract No.: PY 04/05-SS-23A-FFH 7. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 8. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care, which 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. Agreement to Purchase 8 RCCF Services Contract No.: PY 04/05-SS-23A-FFH SECTION VII. ATTACHMENTS PLACEMENT REFERRAL FOR(Type of Service)SERVICES (Attachment A) Child's Name: State ID No: Date of Placement: 1. Legal Status of Child. (Mark appropriate box) ❑ Placed through a Voluntary Placement Contract signed by(Fill in Name). ❑ Placed through court order and legal custody/guardianship is held by Weld County DSS. ❑ Placed through a Petition for Review of Need for Placement with custody retained by(Fill in Name). ❑ Other (please explain) 2. Reasons for purchasing services for this child are: REASON (If Other,please Explain) 3. Expected parent/guardian/relative involvement? ❑ Yes 0 No Number of times per week expected for visits? 0 Will transportation for visits be provided by the facility/provider listed below? ❑ Yes DNo Number of times per week transportation from facility/provider is expected? 0 Comments: 4. Services already utilized prior to placement. (Mark appropriate box) ❑ In home services ❑ Placement with Relative El Cty CC Foster Care El Shelter Care ❑ CORE Services ❑ Substance Abuse Treatment El Receiving Home El CPA ❑ RTC El Cty regular Foster Care ❑ Day Treatment ❑ Kinship Care El Group Home ❑ Ind.Living El Other(Specify) 5. Services needed within the Initial Treatment Plan. (Mark appropriate box) Appropriate Setting: El Therapeutic(Behavior Modification) 0 Secure 0 Other(Explain) Appropriate Counseling: ❑ Individual ❑ Family 0 Group Appropriate Treatment: ❑ Sex Offender ❑ AggressiveNiolent ❑ Substance Abuse ❑ Truancy ❑ Victim Behavior ❑ Depression ❑ Self-destructive ❑ Delinquency ❑ Special Medical Needs 0 Behavior Modification ❑ 0 Anger Management Other (Explain) Appropriate Educational Services: ❑ Special Ed. El Public School ❑ Day Treatment ❑ On-grounds School ❑ Additional Tutoring ❑ Independent Living Training ❑ Other (Explain) Estimated date for accomplishing treatment plan goals are June 30,2005,or before. 6. CCAR Level of Care:(for RTC Placements Only) (Level) (copy to Business Office) ❑ It has been determined that this child is in need of rehabilitative services. (Check Box if child is placed within a RTC) Need Based Care Assessment Completed. (CPA Placements Only) ❑ Yes 0 No (copy to Business Office) 7. The anticipated living arrangement of child upon completion of the Treatment Plan is: ARRANGEMENT (If other,please explain) If the outcomes are not achieved in the amount of time as planned,Contractor agrees to meet with the County to revise this plan. COUNTY FACILITY Weld County Department of Social Services Facility Name PO Box A Trails provider ID Greeley CO 80632 Address City,State,Zip Provider Info: (If applicable) Foster Care Provider Trails provider ID Provider Address Caseworker Signature City,State,Zip (Worker Name) Date Gloria Romansik,Administrator Signature of Person Authorized to Sign Agreement Date Date Agreement to Purchase 9 RCCF Services Contract No.: PY 04/05-SS-23A-FFH IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST• la""'y 4“ d County Clerk to the Board �LA ` G WELD COUNTY BOARD OFSOCIAL t `�� SERVICES, ON BEHALF OF THE 1861 ' �9WELD COUNTY DEPARTMENT OF SOCIAL SERVICES ®fly 1 W-------- By: c s > /4'�ye BY: Ytti; eputy Clerk to the Board Robert D. Masden,Chair JUN 2 8 2004 APPROVED AS TO FO CONTRACTOR County Attorney Spectrum Community Services 2704 S Prairie Ave, Sute A Puebl CO `6244 2 ca�� rtc-con WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: tlti..t- A LL irectoror Agreement to Purchase RCCF Services 10 :r7Do 4-/zve Hello