HomeMy WebLinkAbout20251995.tiffC0nb(ctc+ Man (05(0
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COLORADO
Office of Children,
Youth 8 Families
Department of Human Services
SS -23A Agreement to Purchase
Revised 10/15
AGREEMENT TO PURCHASE
OUT -OF -HOME PLACEMENT
SERVICES SS23A
® CHILD PLACEMENT AGENCY SERVICES (CPA)
❑ CHILD HABILITATION RESIDENTIAL PROGRAM (CHRP)
❑ GROUP HOME/GROUP CENTER CARE
❑ INDEPENDENT LIVING
❑ PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY (PRTF)
❑ RESIDENTIAL CHILD CARE FACILITY (RCCF)
❑ RESIDENTIAL DRUG/ALCOHOL PROGRAM
❑ SHELTER CARE
❑ SUBSIDIZED ADOPTION
❑ TRANSITION/HOME BASED AFTER -CARE (RCCF)
❑ OTHER (DESCRIBE): TREATMENT FOSTER CARE
THIS IS AN AGREEMENT, made this 11'kin day of V Lat 120Z5�
between Weld County Department of Social/Human Services, PO Box A, Greeley, Colorado,
80632, hereinafter called "County" and Kairos Family Services, LLC, 5265 N. Academy Blvd.,
Suite 1500, Colorado Springs, CO 80918, hereinafter called "contractor".
THIS AGREEMENT:
Shall include all children placed by Weld County Department of Social/Human Services and
placed with Kairos Family Services, LLC.
A child specific addendum, identifying individual service needs, must be
completed and attached to supplement this agreement for each child being
served by the facility. If this is a CPA placement, the child specific addendum
should also address how administrative services will be provided in the event
the child is placed for adoption in a foster home supervised by the CPA.
WHEREAS, the Colorado State Department of Human Services, hereinafter
called "State Department" is authorized to provide social services to individuals
and families of individuals through its agents, County Departments of
Social/Human Services, and
WHEREAS, the County is authorized to purchase certain services for eligible
children under State Department rules, and
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Jared Potis, Governor I Michelle Barnes, Executive Director
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WHEREAS, the County wishes to provide these services by purchasing them
from Contractor, and,
WHEREAS, the Contractor is licensed as a Child Placement Agency, Residential
Child Care Facility, certified Psychiatric Residential Treatment Facility, or meets
the requirements for other licensed service types.
NOW THEREFORE, it is hereby agreed that in consideration of the mutual
undertakings the County and the Contractor agree as follows:
1. This Agreement shall be in force from the date of the agreement,
July 1, 2025, until the end of the Colorado fiscal year, June 30,
2026. Any child may be removed from the facility prior to the end of
the fiscal year by the county department.
2. 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. Except as otherwise
provided 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(ren) can be placed elsewhere, whichever
occurs first, 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.
3. 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 I: DESCRIPTION OF SERVICES TO BE PURCHASED:
1. The total rate of payment for care and services under this Agreement shall not
exceed: the established rate for the PRTF; for CPA placements, the negotiated
rate or the approved vendor rate; for RCCF placements, the established Fee -
for -Service rate and the negotiated rate or the approved vendor rate; and, for
CHRP placements, the agreed upon service proposal rate. The total rate of
payment for care and services for other service types will be as negotiated
between the County and the Contractor. Medicaid rules shall govem activities to
be covered in the daily rate paid to PRTFs.
The amount paid for purchased care and services for less than a full month will
be based upon the daily rate.
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
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Jared Polls, Governor I Michelle Barnes, Executive Director
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in Staff Manual Volume VII, 7.406.1, F (12 CCR 2509-5).
3. Transportation shall be fumished 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 has responsibility for the decision to retum
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 Family Service Plan / Individual Plan of Care.
5. Any transportation costs to be incurred on behalf of a child in placement, which
are to be borne by persons, or agencies, which are not a party to this contract,
shall be specified in the treatment/service plan, and those persons shall
acknowledge their responsibility by signing the treatment/service plan.
SECTION II: LEGAL STATUS AND AUTHORIZATIONS:
1. Such permission as is held by the County is hereby granted to the
Contractor to authorize routine or emergency medical and dental
treatment except that:
a. Medical or dental care shall be provided by personnel duly licensed by
law as required by the State of Colorado. It is mutually understood hereto
that hospital expenses, surgery, ophthalmology services, eyeglasses,
orthodontia or other unusual expenses are not included in the monthly
rate. The cost of any items not covered by Medicaid will be negotiated
between County and Contractor. Medicaid rules shall govem activities to be
covered in the daily rate paid to PRTFs.
2. County and Contractor shall insure that the child(ren) is enrolled in the Early
and Periodic Screening, Diagnosis and Treatment Program.
3. It is agreed and permission is granted for the child(ren) to participate in
planned recreational and social activities of Contractor, including supervised off
grounds excursions and extended trips within the State, provided that
Contractor has written permission from County and legal guardian 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/service plan. Further, Contractor and
County will also secure, where possible, permission from parents or guardians
of the child placed with the Contractor. Any planned absence of more than 24
hours for children placed in a PRTF is not Medicaid reimbursable.
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Jared Polls, Governor Michelle Barnes, Executive Director I
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4. 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, TREATMENT PLAN, AND
PROGRESS REPORTS:
1. County and Contractor agree and understand that the reasons for referral,
which necessitate purchasing services for children are specified in the
attached child specific addendum and Family Services Plan. Any other
relevant information concerning these children that does not necessitate
purchasing services is also included in the addendum.
2. County and Contractor shall develop an initial plan that addresses the
immediate and/or emergency needs of the child within 72 hours of admission for
children in RCCFs or group homes except PRTF. County and Contractor shall
formulate an initial individual plan of care within 14 calendar days after
admission for children in RCCFs or group homes except PRTF. The placement
date is that date noted in the attached child specific addendum included with this
contract. The Child's Family Service Plan may be utilized as an Individual Plan
of Care for this purpose for facilities. Modifications to this plan shall be agreed to
in writing on the plan or as a supplemental document.
3. County and Contractor shall formulate an initial individual plan of care for
children in PRTFs within 72 hours. For children in a PRTF a comprehensive
individual plan of care must be completed by the multidisciplinary team within
14 calendar days from the placement date. The placement date is that date
noted in the attached child specific addendum included with this contract.
Modifications to this plan shall be agreed to in writing on the plan or as a
supplemental document.
4. The individual plan of care shall be goal oriented and time -limited and shall:
a.Address all areas listed in Section 7.714.4, C, 2, (12 CCR 2509-8)
together with clinical and other needs including the child's presenting
problems, physical
health, emotional status, behavior, support system in the community,
available resources, and discharge plan.
b. Include specific goals and measurable objectives, expected dates of
achievement, specific discharge and transitional/after-care and follow up
services criteria to be met for termination of treatment.
c. Specify the type, frequency, and duration of clinical therapy services,
rehabilitation services, medication management, emergency services,
initial assessment, documented treatment modifications, and other
services determined to be necessary to meet the child's specific goals.
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Jared Polis, Governor I Michelle Barnes, Executive Director
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d. Specify that all therapeutic services are necessary to meet the needs of
the child and to treat the child's current diagnosis.
e. Identify the provision of, or the referral for, services other than RCCF
services and shall document any court ordered treatment including
identifying the agency responsible for providing the court ordered
treatment.
f. Anticipated living arrangement for the child at the date of discharge;
g. Anticipated educational arrangement for the child at the time of
discharge;
h. Anticipated date for discharge from treatment purchased for the child.
i. A permanency goal for the child.
5. Monthly, Child Placement Agencies, RCCFs and other contractor types other
than PRTF, shall conduct a monthly review of each plan to evaluate whether the
short-term and long-term goals have been achieved or not achieved. These
parties shall provide the County with written reports which address changes to
the child's physical condition, psychological and social functioning, changes in
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 15 calendar days prior to judicial or administrative
hearings or reviews when provided with 30 calendar days advance notice of
such dates by County.
6. Every 14 days, PRTFs shall provide the County with written reports which
address changes to the child's physical condition, psychological and social
functioning, changes in the child's family situation, educational progress,
significant incidents or disciplinary actions, and progress made to achieve
goals specified in the treatment plan.
SECTION IV: CONTRACTOR SHALL:
1. Conform with and abide by all rules and regulations of the Colorado
Department of Human Services, the Colorado Department of Health Care
Policy and Financing (if appropriate), the State of Colorado and any
applicable 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 and rule.
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Jared Potis, Governor I Michelle Barnes, Executive Director
3. Not charge any fees to children or families of children referred by county
for any services provided under this Agreement.
4. Not assign the obligations under this Agreement nor enter into any sub-
contract without the express written approval of the Director of the County
Department 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 infomiation
concerning the child in compliance with the Health Insurance Portability and
Accountability Act (HIPAA).
6. Maintain during the term of this Agreement a liability insurance policy of at least
$25,000 for CPAs and $400,000 for PRTFs, and RCCFs for property damage liability,
$150,000 for injury and/or damage to any one person, and $600,000 for total
injuries arising from any one accident.
7. Maintain during the terms of this Agreement an insurance policy or a fidelity
bond in an amount deemed sufficient by the county, 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, Colorado Department of Human Services, Colorado
Department of Health Care Policy & Financing, 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.
Paragraphs 6, 7 and 8 do not apply to the University of Colorado contracts with
county departments.
9. In regards to University of Colorado contractors only, the contractor shall be
responsible for its own wrongful or negligent acts or omissions or those of its
officers, agents, or employees while performing their professional duties to the
full extent allowed by law. Notwithstanding the foregoing, nothing in this
Agreement is a limitation or waiver of the application of the Colorado
Governmental Immunity Act set forth in §24-10-101 to §24-10-120, C.R.S., any
claims resulting from the performance of the University of Colorado, its
employees or agents under this Agreement.
10. Maintain service program records, fiscal records, documentation and other
records, which will sufficiently and properly reflect all direct and indirect costs
of any nature incurred in the performance of this Agreement. The above shall
be subject at all reasonable times to inspection, review or audit by federal,
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Jared Polis, Governor I Michelle Barnes, Executive Director
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Colorado Department of Human Services, Colorado Department of Health
Care Policy & Financing, or county personnel, and other persons authorized in
writing by the Executive Director of the Colorado Department of Human
Services.
11. Contractor shall, in any instance of a potential adoption by a foster parent,
provide the initial home study, the SAFE study update, annual certification
updates and related materials when requested by the County within fourteen
working days of the request. At all other times the Contractor shall make home
studies and related materials available to the County for review, at a location
agreed upon by the County and the Contractor, during regular business hours.
12. Bill the County for services rendered, using the required form. This form is to
be mailed to the County by the last day of the month of care. Billings for PRTFs
shall be made to the MMIS System only. Billings for RCCF fee -for —service and
CHRP shall be made to either the MMIS System or the County. Billings for
RCCFs daily rate, CPAs and other contractor types shall be made to the County
only. Contractor will not be paid by the county when billing is not received by the
County within 30 calendar days following the billing due date.
13. Attend and participate in Administrative Reviews for children in placement
with the Contractor pursuant to two (2) weeks written notice by the County. The
Contractor shall encourage children over the age of twelve to attend their
Administrative Reviews. Participation may be in person or by teleconference.
14. The Contractor shall pay the foster parent the amount agreed upon with the
county as the child maintenance or room and board. Any payment to the foster
parent in excess of the child maintenance or room and board amount shall be
treated as income to the foster parent.
15. The Contractor shall have the on -site presence of at least one (1) official who
has received State training in how to use and apply the reasonable and prudent
parent standard and who, with respect to any child or youth placed at the
Contractor's facility, is designated to be the caregiver authorized to apply the
reasonable and prudent parent standard to decisions involving the participation
of the child or youth in age or developmentally -appropriate activities. In the case
of a Foster Care Home certified by a Child Placement Agency, Contractor
agrees that each foster parent has received State training in how to use and
apply the reasonable and prudent parent standard to decisions
involving the participation of the child or youth in age or developmentally
appropriate activities.
16. Contractor shall ensure that each foster parent or caregiver authorized to
apply the reasonable and prudent parent standard receives sufficient, ongoing
training to continue to use and apply the reasonable and prudent parent
standard for each child or youth placed in the foster home or facility.
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Jared Polis, Governor Michelle Barnes, Executive Director
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SECTION V: COUNTY SHALL:
1. Determine eligibility of the children under this Agreement for placement and
medical coverage. Medicaid rules and regulations shall govern determination of
Medicaid eligibility.
2. Assess and collect fees in accordance with the rules and regulations of the
Colorado Department of Human 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 when billing is submitted as described in
Section IV, Number 10 (above).
4. Abide by all the rules and regulations of the Colorado Department of Human
Services, federal rules and regulations and the laws of the State of Colorado,
any of which may be amended from time to time.
5. If this agreement covers an initial placement for a child, the Contractor may
receive a clothing allowance in accordance with State Department rules.
6. Monitor children's progress in accordance with the treatment/family services
plan and the requirements of Colorado Department of Human Services rules
and provide consultation to Contractor in relation to the services purchased
under this Agreement.
7. Invite Contractor to Administrative Reviews at least 2 weeks prior to the
scheduled review.
8. Involve Contractor in planning for the child and give the Contractor a copy of
the Family Services Plan at time of placement or as soon as completed and
when updated or revised.
9. The County shall seek recovery from the RCCF, CPA or other contractor type
for any non -Medicaid payment amounts that have been misused as defined in
rules. The County may withhold subsequent payments to recover any funds
misused by the RCCF, CPA or
other contractor type. The County shall seek recovery of any remaining funds as
a debt due the County for the benefit of the state. The RCCF or CPA may
appeal the decision to recover or withhold subsequent payments as defined in
rules.
10. The County shall identify the amount agreed upon with the Contractor to be
paid to the foster parent for the child's room and board. Such amount will be the
same as shown in Trails for the child's maintenance.
11. Reimbursement rates that are negotiated between the County and the
Contractor shall be for allowable costs in one or more of four primary
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Jared Polls, Governor I Michelle Barnes, Executive Director
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components: chid maintenance, administrative services, administrative
maintenance, and treatment. Contractor type will determine which of these four
components will be included in the reimbursement rate.
12. The County shall provide the Contractor with a copy of the policy that
identifies activities that providers trained in the reasonable and prudent
parent standard may approve, and identifies activities that require County
department approval.
13. The County shall require that the person(s) authorized to apply the
reasonable and prudent parent standard, including each foster parent, will
complete State training specific to the reasonable and prudent parent standard
and will receive ongoing training as necessary in order., to meet the needs of
each child or youth, and to use and apply the reasonable and prudent parent
standard.
SECTION VI: GENERAL PROVISIONS:
1. The Parties to this Agreement intend that the relationship between them,
contemplated try 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 the 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, county, or federal
funds, whether in whole or in part, is subject to and contingent upon the
continuing availability of State of Colorado, county, 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 children,
Contractor will be released from responsibility for loss or damage to such
personal items.
4. This Agreement is intended to be applied in conjunction with Exhibit A, the
child specific addendum and family services plan 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 affect whatsoever,
unless embodied herein in writing. No subsequent notation, renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless
embodied as a part of this written Agreement. This section shall
not be construed as either prohibiting the periodic amending of the family
services plan or appending a county designed addendum to this agreement.
5. The contract shall permit the State Department to monitor service program,
fiscal and other records sufficiently to assure the purchase of services in this
Agreement are carried out for the benefit of the aforementioned client.
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Jared Polls, Governor Michelle Barnes, Executive Director
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Monitoring may occur through review of program reports, on -site visits where
applicable and other contracts as deemed necessary. The Contractor
understands that the State Department may provide consultation to Contractor to
assure satisfactory performance in the provision of purchased services under
this Agreement.
a. All reimbursement requests shall be submitted to and approved by the
appropriate County staff. Reimbursement for placement services shall be
paid from the date of admission up to, but not including, the day of
discharge. Furthermore, Medicaid payments for PRTF and CHRP
placements are permitted on the day of discharge in compliance with
regulations promulgated by the Colorado Department of Health Care
Policy and Finance. Fee for Service will be reimbursed as per Medicaid
regulations. Medicaid funds shall not be limited to funds encumbered in
this contract and shall also include Medicaid funds for PRTF and RCCF
therapeutic services and CHRP services paid by the Department of
Health Care Policy and Financing. Payment for placement services will
not be provided for clients on "runaway" status unless the County has
previously approved it. Reimbursement requests for therapy costs for
clients enrolled in PRTF, RCCF, and CHRP programs shall be submitted
to the Medicaid Fiscal Agent in accordance with instructions provided by
such Fiscal Agent. The Contractor shall forward copies of such billings to
the County on a monthly basis.
In the event that a Contractor receives payment for a per diem discharge
day, regardless of funding source, the Contractor shall refund those
dollars forthwith.
b. The purpose of these requirements is to provide minimum assurance
that the Contractor has adequate accounting and budgeting information
available to allow management to maintain a financially viable enterprise
and to demonstrate financial accountability to the county departments of
human/social services and Colorado Department of Human Services for
the use of public funds.
(1) The Contractor must have in place a double entry accounting system
and all financial transactions must be posted to this system. Financial
statements, prepared from information provided by this system, shall be
presented in conformity with U.S. generally accepted accounting
principles (GAAP). The Contractor must also have adequate time
keeping and cost allocation systems to allocate salary cost and indirect
cost to appropriate cost centers. Books and records of the Contractor
shall be subject, at any reasonable time, to inspection,
audit or copying by appropriate Federal, State or county personnel, or
such independent auditors or accountants as may be designated by
these personnel.
(2) All billing by the contractor must be in a format approved by the fiscal
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Jared Palis, Governor I Michette Barnes, Executive Director
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agent or county. Contractors must bill the fiscal agent and county at
least once a month. Contractors may bill twice a month, on the 15th and
last day of the month, for services rendered. Bills will be returned unpaid
if the bills do not conform to the approved format or the documentation is
inadequate.
(3) All Contractors whose total annual expenditures are $100,000 or more
shall submit an annual audit of their financial statements by an
independent certified public accountant. Contractors with total annual
expenditures less than $100,000 may submit an audit as described above
or may submit compiled or reviewed financial statements, prepared in
accordance with generally accepted accounting principles. If the
Contractor is a government agency that has an independent audit done
by another agency of that government, its audited financial statements,
prepared in accordance with generally accepted accounting principles for
state and local governments meet this requirement. The audited,
compiled or reviewed financial statements of PRTFs, RCCFs, and CPAs
must be completed and a copy provided to the Colorado Department of
Human Services (Attn: Administrator for PRTFs, and RCCFs and Attn:
Audit Division Director for CPAs) within 180 days after the contractor's
fiscal year end. The audited financial statements and supplementary
information defined in regulation for various agencies shall be presented
as described in Section VI, B (1), above and must contain sufficient detail
to provide evidence of financial accountability under the terms of this
contract and controlling state regulations. Contractors that are a subsidiary
of a parent organization must submit separate financial statements for the
subsidiary that detail each of the Contractor's facilities and/or programs
that provide services for the Colorado Department of Human Services and
also must provide a reconciliation of these financial statements to the
consolidated financial statements of the organization as a whole. When
applicable, the Contractor must comply with the audit requirements found
in the Single Audit Act of 1984 and the Single Audit Act Amendments of
1996 and U. S. Office of Management and Budget (OMB) Circular A-133,
Audits of States, Local Governments, and Non- Profit Organizations
including subsequent revisions, and appropriate audit and financial
reporting requirements as defined in State laws, rules, and regulations.
(4) If Contractors do not submit their annual audit or refuse to disclose
financial information regarding the operation of the program in a timely
manner, the Fiscal Agent may withhold payment until the audit and/or
requested information is submitted. If the contractor is a CPA, then
sanctions of the contractor may occur for failure to submit.
(5) In cases where documentation does not exist to support audit
information or services provided, contractor will be required to repay all
funds received for which documentation does not exist.
(6) In cases where audit deficiencies are noted, a plan of corrective action
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Jared Polis, Governor I Michelle Barnes, Executive Director
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shall be submitted to the State Department's Audit Division for approval
within 4 months of the date of the audit.
(7) Failure to comply with any of these requirements, including items on
the addendum is justification for the County to impose fiscal sanctions,
penalties, or cancel the contract.
6. In the event this contract is terminated, final payment to the Contractor may
be withheld at the 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, the Colorado
Department of Human 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.
WHEREFORE, the parties have herein set their hands and affixed their seals
the day and date first written above.
ATTEST: W.iftifeiN) Co. ;&k
BY:
COUNTY:
BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY, COLORADO
Deputy Clerk to the B''� �; ` _ ° / : uck, Chair
RACTOR:
JUL 1 4 2025
s Family Services, LLC
5 N. Academy Blvd., Suite 1500
Colorado Springs, CO 80918
By: Marilyn r (Jul 8, 202510:18 CDT)
Contractor's (or designee's) Signature
and Date
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Jared Polls, Governor I Michelle Barnes, Executive Director
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