HomeMy WebLinkAbout20241388.tiffRESOLUTION
RE: APPROVE STANDARD FORM, RATES, AND PROVIDER LIST FOR AGREEMENTS
FOR THERAPEUTIC FOSTER CARE RESPITE SERVICES BETWEEN DEPARTMENT
OF HUMAN SERVICES AND VARIOUS PROVIDERS, AND AUTHORIZE CHAIR TO
SIGN CONTRACTS CONSISTENT WITH SAID FORM
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 Standard Form, Rates, and Provider
List for Agreements for Therapeutic Foster Care Respite 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 Human Services, and the various providers as shown on the attached
provider list, with further terms and conditions being as stated in said standard form, and
WHEREAS, after review, the Board deems it advisable to approve said standard form,
rates, and provider list, 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, that the Standard Form, Rates, and Provider List for Agreements for
Therapeutic Foster Care Respite 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
Human Services, and the various providers as shown on the attached provider list, be, and hereby
are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign agreements consistent with said form.
c : HSD, CTIS(E6), GA (KI-t) FkCT(crfcb)
06425 42.9
2024-1388
HR0096
STANDARD FORM, RATES, AND PROVIDER LIST FOR AGREEMONTS FOR THERAPEUTIC
FOSTER CARE RESPITE SERVICES BETWEEN DEPARTMENT OF HUMAN SERVICES AND
VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: C,( adt"
Weld County Clerk to the Board
BY )ft -td bdOut 10)
Deputy Clerk to the Board
APPOVED AS
rney
Date of signature: (41° Z4
WELD COUNTY,
Mike
Saine
Perry L. Buc f Pro-Tem
2024-1388
HR0096
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Child Welfare 2024-2025 SFY Therapeutic Respite Care Provider List and Therapeutic
Respite Agreement Template
DEPARTMENT: Human Services DATE: May 21, 2024
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: The Department is requesting approval of the Child Welfare 2024-25
SFY Therapeutic Respite Care Provider List and Therapeutic Respite Agreement Template. Below is the list of
providers who have met certification requirements and have elected to provide Therapeutic Respite Care
services for the term of July 1, 2024 through June 30, 2025.
idr �.I'tt
Berrelez, Yvette
Berrelez, Matthew
247 63rd Avenue
Greeley
Colorado
80634
Therapeutic respite care hours are dependent upon the needs of the foster parent and the youth placed in the
home. Payment for Therapeutic Respite Care will be the state daily rate or prorated into an hourly rate if
respite is less than a full day.
What options exist for the Board?
Approval of the Child Welfare 2024-2025 SFY Therapeutic Respite Care Provider List and Therapeutic
Respite Agreement Template.
Deny approval of the Child Welfare 2024-2025 SFY Therapeutic Respite Care Provider List and
Therapeutic Respite Agreement Template.
Consequences: Weld County Department of Human Services will not have a current agreement in place
with the provider for Therapeutic Respite Services.
Impacts: The providers will not be able to provide Therapeutic Respite care to children.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Total cost = The state approved daily rate.
Funded through Child Welfare Block Grant
Pass -Around Memorandum; May 21, 2024 — NOT IN CMS
2024-1388
U/3 N1zoo9,
•
Recommendation:
• Approval of the Child Welfare 2024-2025 SFY Therapeutic Respite Care Provider List and Therapeutic
Respite Agreement Template and authorize the Chair to sign subsequent agreements.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
mF
4)
Pass -Around Memorandum; May 21, 2024 — NOT IN CMS
AGREEMENT FOR THERAPEUTIC FOSTER CARE RESPITE SERVICES
BETWEEN WELD COUNTY
AND (PROVIDER)
THIS AGREEMENT is made and entered into this day of , 2024
by and between the Board of County Commissioners of the County of Weld, State of Colorado,
on behalf of the Weld County Department of Human Services, whose address is 1150 "O" Street,
Greeley, Colorado 80631, hereinafter referred to as "County", and (PROVIDER), whose address
is (ADDRESS) hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, required approval, clearance, and coordination have been accomplished
from and with appropriate agencies; and
WHEREAS, County has determined that due to the significant challenges often
experienced by certified therapeutic foster care providers, it is necessary to offer them
therapeutic foster care respite services, as described in Exhibit A, "Scope of Services", a copy of
which is attached hereto and made a part hereof by this reference, to allow them to continue to
provide high quality care for the children in their charge, and
WHEREAS, Contractor is willing and able to abide by the terms and conditions required
by County, as more fully set forth in this Agreement,
WHEREAS, Contractor is able and available to provide therapeutic foster care respite
services as defined in this Agreement at the rates set forth in Exhibit B, "Rate Schedule" a copy
of which is attached hereto and made a part hereof by this reference,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
RESPITE CARE PROVIDER'S RIGHTS AND RESPONSIBILITIES:
As used in this Agreement "Respite Care" is defined as those childcare services
required by one or more children who are in the care of a certified therapeutic
foster home. Respite Care is provided in order to support the therapeutic foster
parents and allow them to step away from caregiving responsibilities and to take
a break. Respite care is also provided to support the youth in the therapeutic
foster homes to build relationships with other adults and have a support network
they can rely on. These services are described in Exhibit A. These services may also
include transporting the child to school and other appointments previously
arranged by the foster parent. Transportation services are provided at the sole
risk, responsibility and liability of Contractor.
1 Revised 5/2024
2. Contractor shall provide respite days as approved by the Foster Care Coordinator
and Foster Care Supervisor in order to support the therapeutic foster home and
ensure stability of placement for youth in those homes.
3. At all times from the effective date of the Agreement until completion of the
Agreement, Contractor 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 this Agreement must conform to the Single Audit Act of 1984 and
OMB Circular A-133.
4. Contractor agrees to obtain a criminal background check and warrants that if any
previous criminal charge filed against Contractor does not appear in the
background check, he/she shall disclose such charges.
S. Contractor assures that it will fully comply with all applicable Federal and State
laws which govern the ability of the County to comply with the relevant funding
requirements.
6. Contractor assures and certifies as follows:
a.
b.
c.
d.
He/She is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation with any
program with a Federal or State department or agency; and
He/She has not, within a three-year period preceding this Agreement,
been convicted of or had a civil judgment rendered against him/her for
commission of fraud or criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; and
He/She is 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 this certification; and
He/She has not, within a three-year period preceding this Agreement, had
one or more public transactions (federal, state, or local) terminated for
cause or default.
7. Contractor certifies that, at the time of entering into this Agreement, he/she has
currently in effect all necessary licenses, approvals, insurance, etc., required to
properly provide the services covered by this Agreement. These requirements
2 Revised 5/2024
include the following:
a. Valid driver's license indicating Contractor is at least eighteen (18) years of
age; and
b. Completed background check through the Colorado Bureau of
Investigation (CBI) and the Federal Bureau of Investigation (FBI).
c. Current CPR and First Aid certifications. If either certification expires
during the term of this Agreement, Contractor shall renew the certification
ensuring that there is no lapse in certification. County will pay for
certification through select CPR and First Aid trainers identified by the
County.
d. Contractor shall procure at least the minimum amount of automobile
liability insurance required by the State of Colorado. County provides no
automobile liability coverage for Contractor. Proof of said automobile
liability insurance shall be provided to County prior to the performance of
any services under this Agreement.
e. Copies of all documentation relating to the foregoing requirements shall
be provided to the County by Contractor prior to the performance of any
services covered under this Agreement. County shall determine eligibility
for certification based upon the successful completion of all required
training and receipt of current documentation.
8. Contractor shall have attended twenty-seven (27) hours of the National Training
and Development Curriculum ("NTDC") through the Weld County Department of
Human Services and the additional twelve (12) hours of training required for
Therapeutic Foster Homes prior to the performance of services under this
Agreement. County shall not compensate Contractor for said training; including
time spent traveling to and from training, time spent in attendance of the
training, or any associated costs paid by Contractor for such training, unless
specifically agreed to in writing in advance by County.
9. Contractor shall indemnify, defend and hold harmless Weld County, the Board of
County Commissioners of Weld County, its employees, volunteers and agents for
any damages caused by his/her actions while performing services pursuant to
this Agreement, and shall hold County harmless from any loss occasioned as a
result of the performance of this Agreement.
10. Contractor shall be totally responsible to provide whatever personal liability
and/or other insurances he/she deems necessary to cover his/her personal
liability for any injuries caused by Contractor in the course of providing services
under this Agreement.
3 Revised 5/2024
11. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled
to any employee benefits from County as a result of the execution of this
Agreement. Contractor shall perform its duties hereunder as an independent
Contractor. Contractor shall be solely responsible for its acts and those of its
agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Unemployment insurance benefits will be available to
Contractor and its employees and agents only if such coverage is made
available by Contractor or a third party. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes (if
applicable) incurred pursuant to this Agreement.
12. Contractor shall not have authorization, express or implied, to bind County to
any agreement, liability or understanding.
13. Contractor agrees that he/she shall not use alcohol, illegal drugs, marijuana,
whether for recreational or medical purposes, or any other drugs which have the
potential of impacting Contractor's ability to supervise the children in his/her
care while providing services under this Agreement or within five (5) hours prior
to the provision of said services.
14. Contractor shall protect the confidentiality of all records and other materials to
which he/she has access relating to the foster family and child(ren) to whom the
services are provided, which are maintained in accordance with this Agreement
except for purposes directly connected with the administration of Child
Protection.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. 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 Contractor while performing duties described in this
Agreement.
2. County shall not indemnify Contractor for any loss incurred by Contractor as a
result of services performed under this Agreement.
3. County shall pay Contractor in accordance with the terms set forth in Exhibit B, as
4 Revised 5/2024
long as services are rendered satisfactorily and in accordance with the Agreement.
4. Payment pursuant to this Agreement is subject to, and contingent upon, the
continuing availability of funds made available for the purposes hereof. No portion
of this Agreement shall be deemed to create an obligation on the part of County
to expend funds not otherwise appropriated. The County may terminate this
Agreement at any time if said source of funding is no longer available to County.
5. County may withhold payment under this Agreement if Contractor fails to comply
with any part of the Agreement. In the event County withholds payment,
Contractor may appeal such circumstance in writing to the Weld County Director
of Human Services. The decision of the Weld County Director of Human Services
shall be final.
GENERAL PROVISIONS:
1. This Agreement shall become effective on July 1, 2024, upon proper execution of
this Agreement, and shall expire on June 30, 2027 unless sooner terminated as
provided herein. This Agreement is for a period of three years subject to annual
renewal by written mutual agreement of the parties.
2. Either party may terminate this Agreement at any time for any reason by providing
the other party with a 30 -day written notice thereof. Furthermore, this Agreement
may be terminated by County at any time without notice upon a material breach
by Contractor of the terms of the Agreement.
3. Any amendments or modifications to this agreement shall be in writing and signed
by both parties. No additional services or work performed by Contractor shall
be the basis for additional compensation unless and until Contractor has obtained
written authorization and acknowledgment by County for such additional services.
4. Contractor may not assign or transfer this Agreement, any interest therein or
claim hereunder, without the prior written approval of County. 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 and nothing 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 receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
5 Revised 5/2024
5. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act of §§24-10-101 et. seq.,
as applicable now or hereafter amended.
6. If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be unconstitutional, such decision
shall not affect the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement 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.
7 No officer, member or employee of County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in the approved
Agreement or the proceeds thereof. The appearance of conflict of interest applies
to the relationship of a Contractor with County when the Contractor also
maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict -of -interest, it is not
necessary that the Contractor gain from knowledge of these opposing interests.
It is only necessary that the Contractor knows that the two relationships are in
opposition. During the term of the Agreement, Contractor shall not enter into
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, Contractor shall submit to the Department, 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 the Department's termination, for cause, of its Agreement
with the Contractor. Contractor certifies that no Federally appropriated funds
have been paid or will be paid, by or on behalf of Contractor, 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 an Federal contract, loan, grant, or cooperative
agreement.
8. This Agreement, together with Exhibits A and B, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and
6 Revised 5/2024
may not be changed or modified, unless by a written amendment executed by
both parties. This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns. Neither County nor
Contractor may assign any of its rights or obligations hereunder without the prior
consent of the other party.
9. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado.
10. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said
laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
11. In the event of a dispute between County and Contractor, concerning this
Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
12. Neither party to this Agreement shall be liable to the other for delays in delivery
or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but
not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
13. All work and information obtained by Contractor under this Agreement shall
become or remain (as applicable), the property of County. In addition, all reports,
documents, data, plans, drawings, records and computer files generated by
Contractor in relation to this Agreement and all reports, test results and all other
tangible materials obtained and/or produced in connection with the performance
of this Agreement, whether or not such materials are in completed form, shall at
all times be considered the property of the County. Contractor shall not make use
of such material for purposes other than in connection with this Agreement
without prior written approval of County.
14. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not
enter into any subcontractor agreements for the completion of services and/or
terms outlined in this Agreement without County's prior written consent, which
may be withheld in County's sole discretion.
7 Revised 5/2024
15. Upon completion of the work, the Contractor shall submit to Department originals
of all tests and results, reports, etc., generated during completion of this work.
Acceptance by Department of reports and incidental material(s) furnished under
this Agreement shall not in any way relieve the Contractor of responsibility for the
quality and accuracy of the services. In no event shall any action by the
Department hereunder constitute or be construed to be a waiver by the
Department of any breach of covenant or default which may then exist on the part
of the Contractor, and the Department's action or inaction when any such breach
or default shall exist shall not impair or prejudice any right or remedy available to
the Department with respect to such breach or default; and no assent, expressed
or implied, to any breach of any one or more covenants, provisions or conditions
of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the Department of, or payment for, any services performed under
this Agreement shall not be construed as a waiver of any of the Department's
rights under this Agreement or under the law generally.
16. The Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such
services and the provisions of this Agreement. The Contractor shall faithfully
perform the work in accordance with the standards of care, skill, training, diligence
and judgment provided by highly competent individuals and entities that perform
services of a similar nature.
17. This Agreement does not guarantee any work nor does it create an exclusive
agreement for services.
18. Contractor agrees that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect and copy
records, and shall be allowed to monitor and review through on -site visits, all
activities related to this Agreement, supported with funds under this Agreement,
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.
8 Revised 5/2024
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Kevin D. Ross, Chair
CONTRACTOR:
(PROVIDER)
(ADDRESS)
(CITY, STATE ZIP)
By:
Date:
(PROVIDER)
By:
(PROVIDER)
Date:
9 Revised 5/2024
EXHIBIT A
SCOPE OF SERVICES
1. Contractor shall provide respite care as approved by the Foster Care Coordinator and
the Foster Care Supervisor for foster children residing in Weld County certified
therapeutic foster homes.
2. Contractor will, at the time of entering into this Agreement, ensure he/she has
completed all the necessary paperwork and has in effect all necessary licenses,
approvals, insurance, etc., required to provide the Respite care services covered by this
Agreement. Contractor will have:
a. Completed and submitted the Colorado Department of Human Services
Application and signed as "Foster Parent/Home" PRIOR to completing
NTDC training.
b. Successfully completed 27 hours of NTDC training and the additional
twelve (12) hours of training required to be a therapeutic foster home
through the County prior to the performance of services under this
Agreement.
c. Provided a copy of their valid driver's license indicating Contractor is at
least eighteen (18) years of age; and
d. Completed a background check through the Colorado Bureau of
Investigation (CBI) and the Federal Bureau of Investigation (FBI).
e. Provided three (3) reference forms completed by non -relatives.
f. Provided proof of current CPR and First Aid certifications.
g. Completed and signed Confidentiality, Discipline and Mandated Reporter
Policies.
h. Provided proof that Contractor has procured at least the minimum amount
of automobile liability insurance required by the State of Colorado. County
provides no automobile liability coverage for Contractor.
Copies of all documentation relating to the foregoing requirements shall be provided to
the County by Contractor prior to the performance of any services covered under this
Agreement. County shall determine eligibility for certification based upon the successful
completion of all required training and receipt of current documentation.
Contractor further acknowledges that he/she will remain current with all documentation
or certifications for the term of this Agreement. Should an item expire or otherwise
become invalid, Contractor will submit current documentation to the County to avoid a
lapse in documentation and/or certification.
10 Revised 5/2024
3. Contractor acknowledges that the County shall not compensate Contractor for said
training; including time spent traveling to and from training, time spent in attendance at
the training, or any associated costs paid by Contractor for such training, unless
specifically agreed to in writing in advance by County.
4. Contractor acknowledges that arrangements to provide Respite care services must be
communicated to the child's Caseworker and the Foster Care Coordinator prior to
Respite taking place in order to discuss arrangements and ensure all the child's needs
are met.
5. Contractor will become familiar with and follow all the State and Federal rules and
regulations as applicable to the services provided under this Agreement.
6. Contractor will complete and submit the Respite Care Payment Form each month by the
2nd of the month following the month of service. The Respite Care Payment Form will be
provided by the Foster Care Coordinator.
11 Revised 5/2024
EXHIBIT B
RATE SCHEDULE
1. Funding and Method of Payment
The County agrees to reimburse the Contractor in consideration of the work and services
performed under this Agreement at the rate specified in Paragraph 2, below.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible
County expenditures and shall not be reimbursed by the County.
Payment pursuant to this Agreement, whether in whole or in part, is subject to and
contingent upon the continuing availability of said funds for the purposes hereof. In the
event that said funds, or any part thereof, become unavailable as determined by the
County, the County may immediately terminate the Agreement or amend it accordingly.
Contractor agrees to accept payment by either County warrant or ACH direct deposit.
2. Fees for Services
The number of hours of respite care to be provided each month is dependent upon the
needs of the therapeutic foster parents and the youth placed in their homes. Ideally one
(1) weekend of respite per month is provided, however, there is no guarantee of a set
number of respite hours and respite must be approved by the Foster Care Coordinator and
Foster Care Supervisor. Payment will be the state daily rate or prorated into an hourly
rate if respite is less than a full day. The County will pay this cost in full to the Therapeutic
Respite Care provider.
Human Services referrals will not be sent to collections by Contractor for default of co-
pay/fees. Services will be performed regardless of client's refusal or inability to pay co -pay.
Contractor will collect any applicable sliding scale co -pays and credit Human Services for
any payments received on the monthly billing statements.
3. Submittal of Vouchers
Contractor shall prepare and submit a Respite Care Payment Form each month to certify that
the services authorized were provided on the date(s) indicated and the charges made were
pursuant to the terms and conditions of Exhibit A. The Therapeutic Respite Care Payment
Form will be provided by the Foster Care Coordinator.
12 Revised 5/2024
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