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HomeMy WebLinkAbout991361.tiff RESOLUTION RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Child Protection Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and North Range Behavioral Health, commencing June 1, 1999, and ending May 31, 2000, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the Child Protection Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Ccmmissioners of Weld County, on behalf of the Department of Social Services, and North Range Behavioral Health be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 1999, nunc pro tunc June 1, 1999. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, C•LORADO ATTEST: Lv yr ►�le K. Hall, Chair Weld County Clerk to the Bt. 4, n: :k�) � E BUSED nib 7 :fbara J. Kirkmeyer, Pro-Tem - ,cp ,f ' L BY: cza n .,' . e eil Deputy Clerk to the Board ( / XCUSED 41111.111. George . Baxter APP D TO FORM: ��qqi -- . g(,w) M. J. ,Geile /�/1 %wrney Aid /��j Glenn Vaad 991361 CC , SS SS0026 At I\(/: 1 VIED w „ t DEPARTMENT OF SOCIAL SERVICES PO BOX A 1 GREELEY, CO 80632 Administration and Public Assistance(970) 352-1551 Child Support(970)352-6933 Protective and Youth Services (970)352-1923 �r. COLORADO MEMORANDUM TO: Dale K. Hall, Chair Date: May 28, 1999 Board of County Commissioners FR: Judy A. Griego, Director, Social Services a / s - RE: Child Protection Agreement for Services Be ween the Weld County Department of Social Services and North Range Behavioral Health Enclosed for Board approval is a Child Protection Agreement for services between.the Weld County Department of Social Services and North Range Behavioral Health. The major provisions of the Agreement are as follows: 1. The terns of the Agreement is June 1, 1999 through May 31, 2000. 2. North Range Behavioral Health will provide services to non-Medicaid families. These services include psychological evaluation and assessment of families, consultation to caseworkers, and court testimony. North Range Behavioral. Health agrees to provide five to six assessments each month, as required. 3. Social Services agrees to reimburse North Range Behavioral Health at a rate of $75.00 per hour for a total not to exceed $46,000. The source of funds is Mental Health Core Services under the Family Preservation Program. If you have any questions,please telephone me at extension 651.0. 991361 Contract No. FY99-12000 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND NORTH RANGE BEHAVIORAL HEALTH This Agreement, made and entered into the l9`day of June, 1999, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Social Services, hereinafter referred to as "Social Services," and North Range Behavioral Health. WITNESSETH WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Department of Social Services has provided Core Services Family Issues Cash Fund resources to North Range Behavioral Health and Social Services For psychological evaluation and assessment services for families, children, and adolescents; and WHEREAS, Social Services and North Range Behavioral Health desire to enter into an agreement in providing psychological evaluation and assessment services for families, children, and adolescents. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as fof.ows: 1. Term This Agreement shall become effective on June 1, 1999, upon proper execution of this Agreement and shall expire May 31, 2000. 2. Scope of Services Services shall be provided by North Range Behavioral Health to any person(s) eligible for child protection services in compliance with Exhibit A "Scope of Services," a copy of which is attached by reference. 2. Payment a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached and incorporated by reference. Page 1 of 13 Contract No. FY99-12000 "Payment Schedule" shall establish the maximum reimbursement which will be paid form Family Issues Cash Fund during the duration of this Agreement. b. North Range Behavioral Health shall submit an itemized monthly bill to Social Services for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services. The Contractor shall submit all itemized monthly billings to Social Services no later than the fifteenth (15) day of the month following the month the cost was incurred. Failure to submit monthly billings in accordance with the terms of this agreement shall result in North Range Behavioral Health forfeiture of all rights to be reimbursed for such expenses. In the event of a forfeiture of reimbursement, North Range Behavioral Health may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Family Issues Cash Fund funds to Social Services. d. Social Services shall not be billed for, and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, North Range Behavioral Health shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Family Issues Cash Fund must conform to the Single Audit Act of 1984 and OMB Circular A-128. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. North Range Behavioral Health shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. Social Services may withhold any payment if North Range Behavioral Health has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursement, North Range Behavioral Health may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. Page 2 of 13 Contract No. FY99-12000 6. Assurances North Range Behavioral Health shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable Laws At all times during the performance of this contract, North Range Behavioral Health shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations,interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. North Range Behavioral Health acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-I et and its implementing regulation, 45 C.F.R. Part 80 a seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part 84; and the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulation, 45 C.F.R. Part 91; and Title VII of the Civil Rights Act of 1964; and the Age Discrimination in Employment Act of 1967; and the Equal Pay Act of 1963; and the Education Amendments of 1972; and Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Social Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Certification:_ North Range Behavioral Health certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. Page 3 of 13 Contract No. FY99-12000 9. Monitoring_and Evaluation North Range Behavioral Health and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by North Range Behavioral Health and Social Servicea. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and the North Range Behavioral Health Board North Range Behavioral Health shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special analyses, on-site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 10. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 11. Remedies The Director of Social Services or designee may exercise the following remedial actions should s/he find North Range Behavioral Health 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 North Range Behavioral Health. These remedial actions are as follows: a. Withhold payment to North Range Behavioral Health 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 North Range Behavioral Health cannot be performed or if performed would be of no value to the Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; c. Incorrect payment to North Range Behavioral Health due to omission, error, fraud, and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between Social Services and North Range Behavioral Health, or by Social Services as a debt due to Social Services or otherwise as provided by law. Page 4 of 13 Contract No. FY99-12000 12. Representatives For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For Social Services: Dave Aldridge M.A. Resource Services Manager II Name Title For North Range Behavioral Health: Charles (Chunk) Howard Ph D Director Family and Children Services Name Title 13. Notice MI notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent: To: Social Services To: North Range Behavioral Health Judy A. Grie;o, Director Dale Peterson. Executive Director P O. Box A 1306 11th Avenue Greeley CO 80631 Greeley. CO 80631 14. Litigation North Range Behavioral Health shall promptly notify Social Services in the event that North Range Behavioral Health learns of any actual litigation in which it is a party defendant in a case which involves services provided under this Agreement. North Range Behavioral Health, within five(5)calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Social Services Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 15. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of finding. Page 5 of 13 Contract No. FY 99-12000 16. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 10 herein. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and ar first ab e wri ten. ATTEST: WELD COUNTY icjijr- RD OF COUNTY COMMISSIONERS CLERK TO THE BOAR 18GI - ,.. WE COUNTY, COL A BY: pit Lit,ti (; t 7�� Dale Hall, Chair 046 , Deputy Cle AS TO FORM: Cou omey WE D COUNTY DEPARTMENT NORTH RANGE BEHAVIORAL HEALTH OF SOCIAL SERVICES By: AAA By: ector Dale Peterson, Executive Director By — Board Chairperson Page 6 of 13 Contract No. FY99-12000 EXHIBIT A SCOPE OF SERVICES 1. Target/Eligible Population The population to be served under this contract includes non-Medicaid eligible abused and neglected children who are at risk of out-of-home placement, who are clients of the Weld County Department of Social Services, and are in need of North Range Behavioral Health health services. The family members of these children and adolescents will also be eligible for services. 2. Types of Services to be Provided Services 1:o be provided under the terms of this contract include the following: a. Family/Child/Adolescent Psychological Evaluation/Assessment Services Families, children and adolescents who are eligible and in need will be provided screening, evaluations, and other assessment services intended to provide information needed by the staff of Social Services. The evaluation procedures will be designed to produce useful responses to specific referral questions mutually developed by the Licensed Psychologist and Social Services' Caseworker assigned to the case. The parties will also collaborate contacts that need to be made prior to the completion of the evaluation. The North Range Behavioral Health will provide Social Services a written report upon completion of the assessment which clearly states methods used, contacts made, tests administered, results, and recommendations relevant to the referral questions. The content of this assessment will be made available to the family and other relevant parties, subject to the American Psychological Association ethical standards and other legal considerations. b. Consultation A Licensed Psychologist of North Range Behavioral Health will be available to directly consult with caseworkers of the Social Services regarding the integration of assessment results into the overall care plans fbr children, adolescents, and families. This may include issues pertaining to the evaluation of suicidal clients and the need for inpatient placement or other levels of intervention. The Licensed Psychologist would be available to assist in obtaining written feedback from North Range Behavioral Health clinicians regarding the rationale for decision on these issues. c. Court Testimony The Licensed Psychologist providing the above services will be available for court testimony when given proper notification. Page 7 of 13 Contract No. FY99-I 2000 3. Service Objective The objective of the contract is to improve services for clients and strengthen the impact that the social service administration in Weld County will have in carrying out its mission and purpose. 4.' Service Time Frames The turn-around time on evaluations will be no more than forty-five (45) days from the point of referral. Consultation services will be as needed to the fullest extent possible, as capacity allows. 5. Measurable Outcomes This design will shorten the time required to obtain evaluation results following a social service referral. The services provided by this contract will also increase the social service staffarrtss to the evaluation practitioner when questions about implementation of evaluation results occur. A greater frequency of contacts between the evaluation practitioner and the social service staff will occur. Faster and more timely responses form the Children and Family Services Outpatient Program of North Range Behavioral Health will occur and therapeutic interventions will be better coordinated between agencies. All of these outcomes can be quantified and compared with status prior to the implementation of the contract. The Directors of the Department of Social Services and the North Range Behavioral Health shall jointly assign measures that will serve as specific outcome targets. - Emergency consultations will occur within twenty-four(24) hours of request. - All psychological evaluations will have clear recommendations and methods that will be accepted by the court. - Five (5) to six (6) assessments will be accomplished each month. 6. Workload Standards Five(5)to six(6)assessments of varying types will be accomplished each month, as dictated by demand. 7. Staff Oualifications The North Range Behavioral Health staff performing these assessments will be a Licensed Psychologist with appropriate training and expertise with formal evaluation techniques. Page 8 of 13 Contract No. FY 99-12000 EXHIBIT B PAYMENT SCHEDULE 1. Funding 4md Method of Payment Social Services agrees to reimburse to North Range Behavioral Health in consideration for the work and services performed, a total amount not to exceed Forty-Six Thousand Dollars ($46,000) under Fund Code 1888 and Object Code 104. Expenses incurred by the North Range Behavioral Health, in association with said project prior to the term of this agreement, are not eligible Social Services expenditures and shall not be reimbursed by Social Services. Payment pursuant to this Contract, if Family Issues Cash funds, whether in whole or in part., is subject to and contingent upon the continuing availability of Family Issues Cash funds for the purpose hereof. In the event that said funds, or any part thereof, become unavailable as determined by Social Services, Social Services may immediately terminate this Contract or amend it accordingly. 2. Fees for Services Psychological Evaluation/Caseworker Consultation Services Social Services agrees to pay North Range Behavioral Health for the costs of services at an hourly rate of$75 not to exceed $46,000 during FY 1999-2000. Foster Parent Consultation Program • Dr. Andrews receives $90 per hour for individual sessions and $40 per hour for support/instructional groups. • Ackerman and Associates receives $75 per hour for individual sessions and $40 per hour for support/instructional groups. • Total cost not to exceed $60,000 for FY 1999-2000. 3. Submittal of Vouchers North Range Behavioral Health shall prepare and submit monthly the itemized voucher and certify that services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. Page 9of13 Contract No. FY99-12000 EXHIBIT C ASSURANCES 1. North Range Behavioral Health agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of North Range Behavioral Health or its employees, volunteers, or agents while performing duties as described in this Agreement. North Range Behavioral Health shall indemnify,defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. North Range Behavioral Health shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, North Range Behavioral Health shall provide Social Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party to this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not effect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. North Range Behavioral Health assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. Page 10 of 13 Contract No. FY99-12000 8. North Range Behavioral Health assures that sufficient, audit able, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors and representatives to audit and monitor North Range Behavioral Health. 9. All such records, documents, communications, and other materials shall be the property of Social Services and shall be maintained by North Range Behavioral Health, in a central location and custodian, in behalf of Social Services, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit finding. 10. North Range Behavioral Health assures that authorized local, federal and state auditors and representatives shall,during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on-site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. North Range Behavioral Health or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. North Range Behavioral Health certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of North Range Behavioral Health, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. North Range Behavioral Health assures that it will fully comply with the Children's Code regulations promulgated, and all other applicable federal and state laws, rules and regulations. North Range Behavioral Health understands that the source of funds to be used under this Contract is: Family Issues Cash Funds. Page 11 of 13 Contract No. FY99-12000 14. North Range Behavioral Health assures and certifies 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 of agency. b. Have not,within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of this certification; and d. Have not within a three-year period preceding this Contract, had one or more public transactions (federal, state, and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when North Range Behavioral Health also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract North Range Behavioral Health shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, North Range Behavioral Health shall submit to Social Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with North Range Behavioral Health. 16. North Range Behavioral Health shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected the administration of the Child Protection, no information about or obtained from any applicant/recipient in possession of North Range Behavioral Health shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. North Range Behavioral Health shall have written policies governing access to, duplication and dissemination of, all such information. North Range Behavioral Health shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. North Range Behavioral Health shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. Page 12 of 13 Contract No. FY99-12000 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. My proprietary information removed from the State's site by North Range Behavioral Health in the course of providing services under this Contract will be accorded at least the same precautions as are employed by North Range Behavioral Health for similar information in the course of its own business. Page 13 of 13 Hello