HomeMy WebLinkAbout20201049.tiffRESOLUTION
RE: APPROVE AGREEMENT AMENDMENT TO PURCHASE OUT -OF -HOME
PLACEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - SAVIO HOUSE
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 an Agreement Amendment to Purchase
Out -of -Home Placement 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 Savio House, commencing upon full execution of signatures, and ending June 30,
2020, with further terms and conditions being as stated in said agreement amendment, and
WHEREAS, after review, the Board deems it advisable to approve said agreement
amendment, 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, that the Agreement Amendment to Purchase Out -of -Home Placement
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 Savio
House, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of April, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dirdfd4) W .X,,uo•44.
Weld County Clerk to the Board
Date of signature: `f 4 t /a°
Mike Freeman, Chair
Kevin D. Ross
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2020-1049
HR0092
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: March 31, 2020
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Agreement Amendments for Various Out -of -Home
Placement Providers
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Department's Agreement Amendments for Various Out -of -Home
Placement Providers. The Department is requesting to amend the following providers' Agreement to Purchase
Out -of -Home Placement Services SS23A. The purpose of these amendments is to add facilities as noted below.
CMS ID
PROVIDER
FACILITY ADDITION
RATE
3504
Savio House
Wilson Group Center
(Facility ID 1591292)
Glory Group Home Aurora
(Facility ID 1585302)
$114.13/Day
$114.13/Day
3505
Kids Crossing
Sarah's Group Corp
(Facility ID 1669240)
$114.13/Day
I do not recommend a Work Session. I recommend approval of these Amendments and authorize the Chair to
sign.
Mike Freeman, Chair
Scott James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin Ross
Annrove
Schedule
Recommendation Work Session
rAF
Other/Comments:
Pass -Around Memorandum; March 31, 2020 — CMS Various Page 1
2020-1049
itRagcm
AGREEMENT AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND SAVIO HOUSE
�n
This Agreement Amendment made and entered into day of
Board of Weld County Commissioners, on behalf of the Weld County Departmen
"Department", and Savio House, hereinafter referred to as the "Contractor".
owo2o by and between the
of Human Services, hereinafter referred to as the
WHEREAS the parties entered into an Agreement for Out -of -Home Placement Services, (the "Original Agreement")
identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-3597, approved on August 7,
2019.
WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the
Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on June 30, 2020
• These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties.
The following additional changes are hereby made to the current Agreement:
1. The original Exhibit G is replaced with the new Exhibit G, as attached (Additional Provisions for the Agreement to
Purchase Out -of -Home Placement Services SS23A for the Purchase of Group Home/Group Center Care Services for
Facility ID 1591292 (Wilson Group Center), for the daily rate of $114.13).
2. Addition of Exhibit H to the SS23A (Additional Provisions for the Agreement to Purchase Out -of -Home Placement
Services SS23A for the Purchase of Group Home/Group Center Care Services for Facility ID 1585302 (Glory Group
Home Aurora), for the daily rate of $114.13).
3. The original Exhibit G, is now Exhibit I, as attached.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above
written.
ATTEST.
Weld
By:
Deputy Clerk t
oard
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman, Chair
CONTRACTOR:
Savio House
325 King Street
Denver, CO 80219
APR 0 8 2020
,2obih tilde`
Robin Maher (Mar 24, 2020)
By:
Contractor's (or designee's) Signature
Date: Mar 24, 2020
aoao -io�g
EXHIBIT G to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Human
Services," hereinafter referred to as, "County," and Savio House, hereinafter referred to as,
"Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which
are listed in this agreement for Facility ID 1591292 (Wilson Group Center) at the
contractor's base anchor rate of $114.13 per day, as outlined in the Colorado Department
of Human Services Informational Memorandum IM-CW-2018-0040, unless for the
2019-2020 fiscal year the Contractor and County have agreed to a previously negotiated
higher rate based on the significant needs of a specific child. These services will be for
children who have been deemed eligible for social services under the statutes, rules and
regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization,
the maximum bed hold authorization may be up to 14 days. Bed hold requests must
have prior written authorization from the Weld County Department Administrator or
Designee before payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will
be furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may
include, but are not limited to: Basic 24 -hour care and child maintenance (food, shelter,
clothing, educational supplies and allowance), direct child care, transportation,
administrative overhead, support overhead, service delivery staff, which may include but
are not limited to: Parent training for teens, independent living training, and
mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in
Family Engagement, Team Decision Making meetings, or court hearings. Contractor
shall be notified by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and
cooperate with any vendors hired by the Weld County Department of Human Services to
shorten the duration of placement.
Exhibit to the SS23A
20 Revised 6/2019
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan
(IEP) for youth designated as a Special Education Student every 3 years and coordinate
reviews every year. If the IEP is due while the child is in placement, the Contractor shall
complete or obtain a completed IEP. A copy will then be forwarded to the County.
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care
Facilities and Child Placement Agencies are generally not eligible to receive clothing
allowances as outlined in the Weld County Department of Human Services Policy and
Procedure Manual. However, a one-time emergency clothing allowance may be
approved in limited circumstances, with prior written authorization from County's
Department Administrator required before payment will be released to provider.
10. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
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. Any notice required to be given under this Agreement shall be in writing and shall be
mailed or delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive, and County may engage or use other contractors or
persons to perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this contract. Contract
Professional will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with Contract
Professional that the subcontractor shall not knowingly employ or contract with an
Exhibit to the SS23A
21 Revised 6/2019
illegal alien to perform work under this Agreement. Contract Professional shall not use
E -Verify Program or State of Colorado program procedures to undertake pre-
employment screening or job applicants while this Agreement is being performed. If
Contract Professional obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal
alien Contract Professional shall notify the subcontractor and County within three (3)
days that Contract Professional has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a subcontractor
does not stop employing or contracting with the illegal alien within three (3) days of
receiving notice. Contract Professional shall not terminate the contract if within three
days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contract Professional shall
comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contract Professional participates in the State of Colorado program,
Contract Professional shall, within twenty days after hiring an new employee to perform
work under the contract, affirm that Contract Professional has examined the legal work
status of such employee, retained file copies of the documents, and not altered or
falsified the identification documents for such employees. Contract Professional shall
deliver to County, a written notarized affirmation that it has examined the legal work
status of such employee and shall comply with all of the other requirements of the State
of Colorado program. If Contract Professional fails to comply with any requirement of
this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement
for breach, and if so terminated, Contract Professional shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-
103(3), if Contract Professional receives federal or state funds under the contract,
Contract Professional must confirm that any individual natural person eighteen (18) years
of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-
103(4), if such individual applies for public benefits provided under the contract. If
Contract Professional operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by a federal
department or agency;
b. Have not, within a three-year period of preceding this Agreement, been convicted
of or had a civil judgment rendered against them for commission of fraud or a
Exhibit to the SS23A
22 Revised 6/2019
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more
public transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the
attached Agreement, the County may exercise the following remedial actions if County
finds and determines that Contractor has substantially failed to satisfy the scope of work
found in the Agreement, any Exhibit, or the child specific addendum SS23B. Substantial
failure to satisfy the scope of work shall be defined to mean incorrect or improper
activities or inaction by the Contractor. These remedial actions include, but are not
limited to, any one or more of the following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which
have not been performed and which due to circumstances caused by Contractor
cannot be performed or if performed would be of no value to County. Denial of
the amount of payment shall be reasonably related to the amount of work or
deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission,
error, fraud, and/or defalcation by deducting from subsequent payments under this
Agreement, or other agreements between County and Contractor, or as a debt to
County, or otherwise as provided by law.
19. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties or their assignees, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties or their assignees receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity
including those provided by the Colorado Governmental Immunity Act §§24-10-101
et seq., as applicable now or hereafter amended, that the parties or their officers or
Exhibit to the SS23A
23 Revised 6/2019
employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care that did not previously exist with respect to any person not a party
to this Agreement. The parties hereto acknowledge and agree that no part of this
Agreement is intended to circumvent or replace such immunities.
21 Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The
Contractor, within five (5) calendar days after being served with a summons, complaint,
or other pleading which has been filed in any federal or state court or administrative
agency, shall deliver copies of such document(s) to the County Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy,
reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both
parties.
23. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance,
policy, or other proof of insurance at its sole discretion.
Exhibit to the SS23A
24 Revised 6/2019
EXHIBIT H to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Group Home/Group Center Care Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Human
Services," hereinafter referred to as, "County," and Savio House, hereinafter referred to as,
"Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which
are listed in this agreement for Facility ID 1585302 (Glory Group Home Aurora) at
the contractor's base anchor rate of $114.13 per day, as outlined in the Colorado
Department of Human Services Informational Memorandum IM-CW-2018-0040, unless
for the 2019-2020 fiscal year the Contractor and County have agreed to a previously
negotiated higher rate based on the significant needs of a specific child. These services
will be for children who have been deemed eligible for social services under the statutes,
rules and regulations of the State of Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization,
the maximum bed hold authorization may be up to 14 days. Bed hold requests must
have prior written authorization from the Weld County Department Administrator or
Designee before payment will be release to Contractor.
3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will
be furnished under this contract for facilities that provide sex offender treatment.
4. The services purchased under this Agreement for Group Home/Center services may
include, but are not limited to: Basic 24 -hour care and child maintenance (food, shelter,
clothing, educational supplies and allowance), direct child care, transportation,
administrative overhead, support overhead, service delivery staff, which may include but
are not limited to: Parent training for teens, independent living training, and
mentor/advocate services.
5. Contractor agrees to have appropriate personnel available to attend or participate in
Family Engagement, Team Decision Making meetings, or court hearings. Contractor
shall be notified by County staff of the dates and times attendance is requested.
6. Contractor agrees to actively participate in achieving the child's Permanency Goal and
cooperate with any vendors hired by the Weld County Department of Human Services to
shorten the duration of placement.
Exhibit to the SS23A
20 Revised 6/2019
7. Contractor agrees to have physical examinations completed within 14 days and dental
examinations completed within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan
(IEP) for youth designated as a Special Education Student every 3 years and coordinate
reviews every year. If the IEP is due while the child is in placement, the Contractor shall
complete or obtain a completed IEP. A copy will then be forwarded to the County.
9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care
Facilities and Child Placement Agencies are generally not eligible to receive clothing
allowances as outlined in the Weld County Department of Human Services Policy and
Procedure Manual. However, a one-time emergency clothing allowance may be
approved in limited circumstances, with prior written authorization from County's
Department Administrator required before payment will be released to provider.
10. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
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. Any notice required to be given under this Agreement shall be in writing and shall be
mailed or delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive, and County may engage or use other contractors or
persons to perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this contract. Contract
Professional will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with Contract
Professional that the subcontractor shall not knowingly employ or contract with an
Exhibit to the SS23A
21 Revised 6/2019
illegal alien to perform work under this Agreement. Contract Professional shall not use
E -Verify Program or State of Colorado program procedures to undertake pre-
employment screening or job applicants while this Agreement is being performed. If
Contract Professional obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal
alien Contract Professional shall notify the subcontractor and County within three (3)
days that Contract Professional has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a subcontractor
does not stop employing or contracting with the illegal alien within three (3) days of
receiving notice. Contract Professional shall not terminate the contract if within three
days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contract Professional shall
comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contract Professional participates in the State of Colorado program,
Contract Professional shall, within twenty days after hiring an new employee to perform
work under the contract, affirm that Contract Professional has examined the legal work
status of such employee, retained file copies of the documents, and not altered or
falsified the identification documents for such employees. Contract Professional shall
deliver to County, a written notarized affirmation that it has examined the legal work
status of such employee and shall comply with all of the other requirements of the State
of Colorado program. If Contract Professional fails to comply with any requirement of
this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement
for breach, and if so terminated, Contract Professional shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-
103(3), if Contract Professional receives federal or state funds under the contract,
Contract Professional must confirm that any individual natural person eighteen (18) years
of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-
103(4), if such individual applies for public benefits provided under the contract. If
Contract Professional operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by a federal
department or agency;
b. Have not, within a three-year period of preceding this Agreement, been convicted
of or had a civil judgment rendered against them for commission of fraud or a
Exhibit to the SS23A
22 Revised 6/2019
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more
public transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the
attached Agreement, the County may exercise the following remedial actions if County
finds and determines that Contractor has substantially failed to satisfy the scope of work
found in the Agreement, any Exhibit, or the child specific addendum SS23B. Substantial
failure to satisfy the scope of work shall be defined to mean incorrect or improper
activities or inaction by the Contractor. These remedial actions include, but are not
limited to, any one or more of the following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which
have not been performed and which due to circumstances caused by Contractor
cannot be performed or if performed would be of no value to County. Denial of
the amount of payment shall be reasonably related to the amount of work or
deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission,
error, fraud, and/or defalcation by deducting from subsequent payments under this
Agreement, or other agreements between County and Contractor, or as a debt to
County, or otherwise as provided by law.
19. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties or their assignees, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties or their assignees receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity
including those provided by the Colorado Governmental Immunity Act §§24-10-101
et seq., as applicable now or hereafter amended, that the parties or their officers or
Exhibit to the SS23A
23 Revised 6/2019
employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care that did not previously exist with respect to any person not a party
to this Agreement. The parties hereto acknowledge and agree that no part of this
Agreement is intended to circumvent or replace such immunities.
21 Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The
Contractor, within five (5) calendar days after being served with a summons, complaint,
or other pleading which has been filed in any federal or state court or administrative
agency, shall deliver copies of such document(s) to the County Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy,
reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both
parties.
23. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
24. 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.
25. County reserves the right to require the Contractor to provide a certificate of insurance,
policy, or other proof of insurance at its sole discretion.
Exhibit to the SS23A
24 Revised 6/2019
EXHIBIT I to the SS23A
Additional Provisions for the Agreement to Purchase
Out -of -Home Placement Services SS23A
For the Purchase of
Residential Child Care Facility Services
The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement
to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Human
Services," hereinafter referred to as, "County," and Savio House, hereinafter referred to as,
"Contractor."
1. County agrees to purchase and Contractor agrees to provide the care and services which
are listed in this agreement for Facility ID# 48170 at the contractor's base anchor rate of
$231.38 per day, as outlined in the Colorado Department of Human Services
Informational Memorandum IM-CW-2019-0030, unless for the 2019-2020 fiscal year the
Contractor and County have agreed to a previously negotiated higher rate based on the
significant needs of a specific child. These services will be for children who have been
deemed eligible for social services under the statutes, rules and regulations of the State of
Colorado.
2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's
temporary absence from a facility; however, if the absence is a result of hospitalization,
the maximum bed hold authorization may be up to 14 days. Bed hold requests must have
prior written authorization from the Department Administrator or Designee before
payment will be release to provider. Reimbursement rates for bed hold days may not
exceed the state standard rate for administrative maintenance and administrative services
or may be a reduced rate that is mutually agreed upon.
3. The services purchased under this Agreement as Child Maintenance, Administrative
Maintenance and Services for Residential Child Care Facilities include, but are not
limited to: Food, shelter, clothing, personal needs and allowance, administration,
administrative overhead, support staff, support overhead, sleep -over staff, direct child
care, transportation, therapeutic recreation, service delivery staff, parent training for
teens, independent living training, mentor/advocate, supervised visitation and all other
services as outlined in the Child Specific Addendum. The anticipated minimum
percentage for each item is as follows and will be subject to County monitoring as
outlined in Section VI of this contract:
a. Food, including meals and snacks (25%).
b. Clothing (3%).
c. Shelter, including utilities and use of household furnishing and equipment and
daily supervision, including those activities that a parent would normally carry out
to assure protection, emotional support and care of the child (30%).
Exhibit to the SS23A Revised 6/2019
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d. Personal items and grooming care for the child, such as toothpaste, toothbrushes,
soap, combs, haircuts, and other essentials (2%).
e. Other/miscellaneous items considered usual in the care and supervision of the
child, include, but are not limited to, transportation, recreation and overhead
(40%).
4. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be
furnished by the Contractor under this contract for facilities that provide sex offender
treatment.
5. Contractor agrees to have appropriate personnel available to attend or participate in
Family Engagement, Team Decision Making meetings or court hearings. Provider shall
be notified by County staff of the dates and times attendance is requested.
6. Contractor agrees to cooperate with any vendors hired by the Weld County Department
of Human Services to shorten the duration of placement.
7. Contractor agrees to have physical examinations scheduled within 14 days and dental
examinations scheduled within 8 weeks of the child being placed with Contractor. All
documentation of these examinations shall be forward to the County.
8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP)
for youth designated as a Special Education Student every 3 years and coordinate reviews
every year. If the IEP is due while the child is in placement, the Contractor will complete
or obtain a completed IEP. A copy will then be forwarded to the County.
9. Children in Residential Child Care Facilities and Child Placement Agencies are generally
not eligible to receive clothing allowances as outlined in the Weld County Department of
Human Services Policy and Procedure Manual. However, a one-time emergency
clothing allowance may be approved in limited circumstances, with prior written
authorization from County's Department Administrator required before payment will be
released to provider.
10. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
11. Time is of the essence in each and all of the provisions of this Agreement.
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.
Exhibit to the SS23A Revised 6/2019
37
13. Any notice required to be given under this Agreement shall be in writing and shall be
mailed or delivered to the other party at that party's address as stated above.
14. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
15. This Agreement is nonexclusive and County may engage or use other contractors or
persons to perform services of the same or similar nature.
16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Contract
Professional will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement
or enter into a contract with a subcontractor that fails to certify with Contract Professional
that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. Contract Professional shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contract
Professional obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien Contract
Professional shall notify the subcontractor and County within three (3) days that Contract
Professional has actual knowledge that a subcontractor is employing or contracting with
an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving
notice. Contract Professional shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. Contract Professional shall comply with
reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S.
§8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract
Professional participates in the State of Colorado program, Contract Professional shall,
within twenty days after hiring an new employee to perform work under the contract,
affirm that Contract Professional has examined the legal work status of such employee,
retained file copies of the documents, and not altered or falsified the identification
documents for such employees. Contract Professional shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee and
shall comply with all of the other requirements of the State of Colorado program. If
Contract Professional fails to comply with any requirement of this provision or of C.R.S.
§8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so
terminated, Contract Professional shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-
103(3), if Contract Professional receives federal or state funds under the contract,
Exhibit to the SS23A Revised 6/2019
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Contract Professional must confirm that any individual natural person eighteen (18) years
of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-
103(4), if such individual applies for public benefits provided under the contract. If
Contract Professional operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
17. Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by a federal
department or agency;
b. Have not, within a three-year period of preceding this Agreement, been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (B) above;
d. Have not within a three-year period preceding this Agreement, had one or more
public transactions (federal, state, and local) terminated for cause or default.
18. In addition to terminating this Agreement, in accordance with the provisions of the
attached Agreement, the County may exercise the following remedial actions County find
and determine that Contractor has substantially failed to satisfy the scope of work found
in the Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure
to satisfy the scope of work shall be defined to mean incorrect or improper activities or
inaction by the Contractor. These remedial actions include, but are not limited to, any
one or more of the following:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or deliverables which
have not been performed and which due to circumstances caused by Contractor
cannot be performed or if performed would be of no value to County. Denial of
Exhibit to the SS23A Revised 6/2019
39
the amount of payment shall be reasonably related to the amount of work or
deliverables lost to County.
c. Recover from Contractor any incorrect payment to Contractor due to omission,
error, fraud, and/or defalcation by deducting from subsequent payments under this
Agreement, or other agreements between County and Contractor, or as a debt to
County, or otherwise as provided by law.
19. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties or their assignees, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties or their assignees receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity
including those provided by the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended, that the parties or their officers or
employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care that did not previously exist with respect to any person not a party
to this Agreement. The parties hereto acknowledge and agree that no part of this
Agreement is intended to circumvent or replace such immunities.
21. Contractor shall promptly notify County in the event in which it is a party defendant or
respondent in a case, which involves services provided under the agreement. The
Contractor, within five (5) calendar days after being served with a summons, complaint,
or other pleading which has been filed in any federal or state court or administrative
agency, shall deliver copies of such document(s) to the County Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy,
reorganizations and/or foreclosure.
22. Any amendments or modifications to this agreement shall be in writing signed by both
parties.
23. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
24. 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
Exhibit to the SS23A Revised 6/2019
40
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.
25. County reserves the right to require the Contractor to provide a certificate of insurance,
policy, or other proof of insurance at its sole discretion.
Exhibit to the SS23A Revised 6/2019
41
Contract Form
Entity Information
Entity Name*
SAVIO HOUSE
New Contract Request
Entity ID*
@10035730
Contract Name*
SAVIO HOUSE (AGREEMENT AMENDMENT)
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3504
Contract Lead*
CULLINTA
Contract Lead Email
cullinta@co_weld.co.us
Parent Contract ID
20193597
Requires Board Approval
YES
Department Project #
Contract Description*
AGREEMENT OF EXISTING SS23A TO ADD FACILITIES AND UPDATE EXHIBITS ACCORDINGLY.
Contract Description 2
VENDOR ORIGINALLY APPROVED VIA 2019-2252.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
C M-
HumanServices@weldgov.com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
04x'0812020
Due Date
04/04/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date* Renewal Date
05/01/2020
Termination Notice Period Committed Delivery Date Expiration Date*
06/30,12020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
03/30/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/08/2020
Originator
CULLINTA
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
03/31/2020
Tyler Ref #
AG 040820
Legal Counsel
GABE KALOUSEK
Legal Counsel Approved Date
03/31/2020
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