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HomeMy WebLinkAbout20201732.tiffRESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT, RATES, AND PROVIDER LIST FOR AMENDMENTS TO INDIVIDUAL PROVIDER CONTRACTS FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Standard Form of Agreement, Rates, and Provider List for Amendments to Individual Provider Contracts for Purchase of Foster Care Services in a Foster Care Home 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 1. Exhibit A to CWS-7A Individual Provider Contract for Purchase of Foster Care Services in a Foster Care Home 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 of Agreement, Rates, and Provider List for Amendments to Individual Provider Contracts for Purchase of Foster Care Services in a Foster Care Home 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 any contract/agreement amendments consistent with said standard form. CG: 145 , CG.cKMIG1�,�, OACTC act co), CTB CC R) 7/oI/2o 2020-1732 HR0092 STANDARD FORM OF AGREEMENT, RATES, AND PROVIDER LIST FOR AMENDMENTS TO INDIVIDUAL PROVIDER CONTRACTS FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithA) ;e1 Weld County Clerk to the Board County Attorney Kevin D. Ross Date of signature: CCd 931 &O '120 Mike Freeman, Chair 2020-1732 HR0092 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 2, 2020 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Weld County Department of Human Services' Child Welfare Request to Update 2020-21 SFY Out -of - Home (OOH) Department Policy for Foster Care/Kinship Care, Foster Care Provider Contract Template (CWS-7A), and Weld County 2020-21 Foster and Kinship Provider List Please review and indicate if you would like a work session prig to placing this item on the Board's agenda. Request Board Approval of Department's Child Welfare 2020-21 SFY OOH Policy for Foster Care/Kinship Care, CWS-7A Individual Provider Contract for Purchase of Foster Care Services in a Foster Care Home with Exhibit A, Foster Care/Kinship Care Provider List, and Associated Rates. The State requires Counties to enter into agreements with providers for the purchase of OOH services and has established the CWS-7A as the State prescribed agreement for these services. Counties are unable to alter the State CWS-7A agreement, therefore Weld County has chosen to add County specific requirements for these providers within the Exhibit A. Listed below and attached for your reference are the proposed updates to WDHS policy 2.3.330 and the CWS-7A template with Exhibit A for the purchase of foster care services. This updated policy and template have been reviewed by Assistant County Attorney, Gabe Kalousek, and have been approved for our use for the 2020-21 contract year, at which time individual provider contracts will be submitted through the CMS process. The term of these contracts is based on the certification/recertification date of each provider and is valid for one year. Weld County certified foster and kinship care homes will be reimbursed utilizing the Child and Adolescent Needs and Strengths (CANS) assessment tool for children age 13 and older or the state rate for children ages birth to 12 years of age. The following information is attached for your review: 1. Updated Department Policy 2.3.330 regarding OOH Placements with County Certified Foster Care and Kinship Care Homes (tracked and clean version) 2. CWS-7A Individual Provider Contract with Updated Exhibit A 3. Weld County 2020-21 Foster and Kinship Provider List Pass -Around Memorandum; June 2, 2020 — Not in CMS 2020-1732 HRoo9a PRIVII.,EGED AND CONFIDENTIAL The Joint Budget Committee has indicated that there may be a rate change to OOH provider rates for SFY 2020-21, but the Department has not been officially notified at this time. If informed by the State that there will be changes, those rate adjustments will be communicated to the BOCC for review and approval at which time new provider contract addendums may be issued. I do not recommend a Work Session. I recommend approval of this Policy, Contract Template, and Provider List. Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin Ross Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; June 2, 2020 — Not in CMS Page 2 AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND (VENDOR) This Agreement Amendment, made and entered into day of by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and [Vendor], hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement to [for] , (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. fTyler #1, approved on [BOCC Approval Datel. 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 [Date]. • 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. 2. • 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. COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board (Current BOCC Chair Name), Chair CONTRACTOR: [Vendor] [Address] [City, State Zip] By: Date: [Signature Authority], [Title] COLORADO Office of Children, Youth & Families Department of Human Services INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME 1. THIS CONTRACT AND AGREEMENT, made this date, by and between theWeld County Department of Human Services, P. O. Box A, Greeley, CO 80632, hereinafter called "County Department" and <Last Name>, <First Name(s)>, <Address>, <City>, <ST> <Zip>, hereinafter called "Provider". 2. This Contract and Agreement shall be effective from , and continue in force until or until the facility certificate is revoked or surrendered. This contract and agreement may be renewed at any time during the term of the valid facility certificate. This contract and agreement is in lieu of and supersedes all prior purchase contracts between the parties hereto and relating to the services herein described. 3. The Provider holds a valid certificateas a <Foster or Kinship> Care home. Such certification standards shall be maintained during the term hereof. The provider has read and is fully familiar with the "Rules Regulating Foster Care Homes" issued by the Colorado Department of Human Services. 4. The County Department may but shall not be obligated to purchase foster care home services. The County Department or any duly authorized agent may request such services to be provided to any child or youth at any time within the limits of the certificate and without prior notice. At such time or as soon as possible after the acceptance of a child or youth for services, the County Department and the Provider shall verify foster care placement of each child or youth in writing on the required form, which shall become an addendum to this contract, subject to all the terms and conditions hereof. 5. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A and Addendum 1 and 2, which form integral parts of this Agreement. Exhibit A and Addendum 1 and 2 are specifically incorporated herein by this reference. The Provider agrees: 1. To furnish foster care services to eligible children and youth at the established rate based on the individual child or youth rates negotiated between the county department and the provider; 2. To safely provide the 24 -hour physical care and supervision of each child or youth until removed or until the agreement is renewed; 3. To accept a child or youth, only with the approval of the certifying agency; 4. To cooperate fully with the County Department or its representatives, and participate in the development of the Family Service Plans -for a child or youth in placement, including visits with their parents, siblings, relatives, or to transition to another foster care facility; 5. To maintain approved standards of care as set by the Colorado Department of Human Services; 6. To maintain the confidentiality of information shared about the child or youth and his/her family; 7. Not to accept money from parents or guardians; 8. Not to make any independent agreement with parents or guardians; •Co 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director /876 9. Not to release the child or youth to anyone without prior authorization from the County Department; 10. To allow representatives of the County Department to visit the foster care home and to meet with the child or youth at any reasonable time, including scheduled and unscheduled visits; and, 11. To give the County Department a 30 -day notice, except in an emergency, to remove a child or youth for placement elsewhere, and to work with the County Department as requested to prepare the child or youth for another placement. 12. To provide transportation to the child or youth. The amount of transportation to be provided will be agreed upon at placement and may be changed upon mutual agreement of the provider and the County Department, as recorded in the Family Service Plan. Transportation must be provided or arranged: a. For professional services and/or for school attendance when necessary; and, b. For children or youth to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. 13. To report promptly to the County Department: a. Any unplanned absence of the child or youth from provider's care; b. Any major illness of the child or youth; c. Any serious injury to the child or youth; d. Any significant change in the sleeping arrangement for the child or youth; e. Any contemplated change of address or change of household members; f. Any conflict the child or youth may have with law enforcement, school/school district staff, or other persons in authority; g. Any emergency; h. Any pertinent discussion with parents or guardians about the child or youth or supervising agency; and, i. Any information received regarding a change of address of the parents or guardians. 14. To comply with the Civil Rights Act of 1964, Section 504, Rehabilitation Act of 1973, and the ADA of 1990, concerning discrimination on the basis of race, color, sex, age, sexual orientation, expression, or identity, religion, political beliefs, national origin, or handicapping condition. 15. To complete pre -service training prior to the placement of a child or youth. 16. Toannually: a. Update the Training Development Plan with the County Department; b. Complete ongoing, quality, and relevant training that will build competencies to meet the needs of the children and youth served in the foster care home as required by the Colorado Department of Human Services regulations; and, c. Obtain certification to use and apply the reasonable and prudent parent standard for each child or youth served in the foster care home. 17. To attend semi-annual Administrative Reviews for a child or youth in placement. 18. To be knowledgeable of, and comply with the "Rules Regulating Foster Care Homes" and the "General Rules for Child Care Facilities; 19. Not to enter into any subordinate subcontract hereunder; 20. To keep required and necessary records for audit/review purposes by state and federal personnel. These records shall document the type of care and dates that care is provided for each child or youth. In addition, medical, educational, and progress summary records shall be maintained for each child or youth as required pursuant to the Colorado Department of Human Services' Rules Regulating Family Foster Care Homes. 21. To complete or schedule a medical examination for the child or youth within 14 days after initial placement and a dental examination within eight weeks of initial placement; 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 2 The County Department agrees: 1. To share all available information about the child or youth, including relevant social, medical and educational history, behavior problems, court involvement, parental, sibling and relative visitation plans, and other specific characteristics of the child or youth, with the provider before placement and to share additional information when obtained while the child or youth is in placement. 2. To inform the provider of expectations regarding the care of the child or youth, such as meeting medical needs, visitation, special psychological needs, trauma and other grief/loss issues, and the child's or youth's identification with his/her family; 3. To give the provider the written admission record of the child or youth to the foster care home at the time of placement; 4. To give the provider a written procedure or authorization for obtaining medical care for the child or youth; 5. To involve the provider in family service planning for the child or youth as a member of treatment team; 6. To give the provider a copy of the Family Service Plan, as it pertains to their expectations for meeting the needs of the child or youth in the foster care home, at the time of placement or when it is completed following placement; 7. To give at least a 30 -day notice of plans to remove a child or youth from the foster care home. The 30 -day notice may be waived by mutual consent to allow and permit immediate removal of a child or youth for placement elsewhere, or without such waiver in the event of an emergency. An emergency is defined as any situation in which a provider's inability to provide services threatens the health, safety or welfare of a child or youth. 8. To pay the provider at the rates established by the Colorado Department of Human Services or as authorized and negotiated between the provider and the County Department: a. Payment shall be made by electronic banking transfers (EBT) drawn by the duly authorized county officer; and, b. Provider shall notify the County Department of any payment or billing dispute within 60 days of the month when service was provided. Failure to do so will result in forfeiture of the payment. The Provider understands that, pursuant to the Colorado Department of Human Services' Rules for the General Reimbursement for Child Welfare Services, when reimbursement is warranted current and (2) preceding months. 9. To provide or arrange through statewide contracted training, a minimum of twelve hours of core pre -service training for foster care homes and 15 hours of pre -service training directed at the needs of the child or youth to be served in the foster care home. 10. To annually complete the following: a. Update the Training Development Plan with the provider; b. Provide or make available quality and relevant training for each foster parent that will build competencies to meet the needs of the children and youth served in the foster care home; c. Provide training that prepares each foster parent to use and apply the reasonable and prudent parent standard; and, d. Pursuant to the Colorado Department of Human Services' Rules Regulating Family Foster Care Homes, document that the provider is trained in, and can use and apply the reasonable and prudent parent standard for each child or youth placed in the foster care home. 11. The County Department is responsible for providing information on county specific procedures. 12. To invite the provider to Administrative Reviews for each child or youth in placement. 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 3 13. To incorporate provider information in planning for the child or youth placed in the foster care home. 14. To assure that the service described herein has been accomplished and a record made thereof on a case by case basis. 15. To provide notice of court hearings for each child or youth placed in the foster care home. County Department (type or print) Signature Date WHEREFORE, the parties have herein set their hands and affixed their seals the day and date first written above. COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Mike Freeman, Chair PROVIDER: Provider (type or print) Signature Date Provider (type or print) Signature Date 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 4 EXHIBIT A to the CWS-7A Additional Provisions for the Agreement to Purchase Foster Care Services and Foster Care Facility Agreement CWS-7A The following additional provisions in this Exhibit A, and Addendum 1 and Addendum 2, apply to the agreement entitled, "Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility Agreement," by and between the Weld County Department of Human Services, hereinafter referred to as, "County," and <Last Name>, <First Name(s)>, hereinafter referred to as, "Provider." GENERAL PROVISIONS 1. Each party shall have the right to terminate this Agreement by giving the other party written notice received at least thirty (30) days prior to the intended date of termination. If notice is so given, this Agreement shall terminate upon the expiration of thirty (30) days, or until the eligible child(ren) may 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; however, the parties shall not be released from the duty to perform their obligations up to the date of termination. This provision does not affect removal of a child in an emergencysituation. 2. Provider agrees that Provider is an independent contractor and that neither Provider nor Provider's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Provider shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Provider will not become an employee of County. Provider shall be solely and entirely responsible for its acts or of any agent, employee, servants and sub -Providers during the performance of this Agreement. Provider is not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for Provider. Unemployment insurance benefits will not be available to Provider for services provided under this Agreement. Provider shall pay when due any/all applicable employment taxes and income taxes and local head taxes (if applicable) incurred as a result of the services provided under this Agreement. 3. 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. 4. This Exhibit A is intended to be applied in conjunction with the attached Agreement 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 prohibiting the periodic amending of this Agreement in writing, if agreed to by both parties. The Agreement, this Exhibit A and the rate Addendums are intended to be in lieu of and supersede all prior agreements between the parties hereto and relating to the care and services herein described. 5. The State of Colorado Department of Human Services and the County shall be and hereby is permitted to monitor the 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 child or youth. Monitoring may occur through review of program reports, on -site visits where applicable and other Agreements as deemed necessary. Provider understands that the State Department and the County may provide consultation to Provider to assure satisfactory performance in the provision of purchased services under thisAgreement. 6. County shall have access to Provider's service program, financial and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of 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 paymenthereunder. 7. Time is of the essence in each and all of the provisions of this Agreement. Exhibit A to the CWS-7A 5 Revised 6/2020 8. 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. 9. 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 in thisAgreement. 10. This Agreement is nonexclusive and County may engage or use other Providers or persons to perform services of the same or similar nature. 11. Provider certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Provider 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). Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a sub -contractor that fails to certify with Provider that the sub -contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Provider 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 Provider obtains actual knowledge that a sub -contractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Provider shall notify the sub- contractor and County within three (3) days that Provider has actual knowledge that a sub -contractor is employing or contracting with an illegal alien and shall terminate the subcontract if a sub -contractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Provider shall not terminate the contract if within three days the sub -contractor provides information to establish that the sub -contractor has not knowingly employed or contracted with an illegal alien. Provider 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 Provider participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Provider 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. Provider 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 Provider 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, Provider 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 Provider receives federal or state funds under the contract, Provider 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 Provider 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. 12. Provider 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 agovernment 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 ordefault. Exhibit A to the CWS-7A 6 Revised 6/2020 13. In addition to terminating this Agreement in accordance with the provisions herein, County may exercise the following remedial actions if the County finds and determines that the Provider has substantially failed to satisfy the duties found in this Agreement and Exhibit A Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Provider. These remedial actions include, but are not limited to, any one or more of the following: a. Withhold payment to Provider 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 Provider 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 Provider any incorrect payment to Provider due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under thisAgreement, or other agreements between County and Provider, or as a debt to County, or otherwise as provided by law. 14. 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. 15. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care 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. 16. Provider 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 Provider, 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. 17. This Agreement and the provision of services hereunder shall be subject to the laws ofColorado and be in accordance with the policies, procedures, and practices of County. Provider shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established. 18. 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. 19. County and Provider agree that the State approved base rate shall be used for the Child Maintenance rate for any child age birth to 12 unless the child has severe behavioral challenges and is receiving intensive services and the Child Welfare Director or designee approves use of the Child and Adolescent Needs and Strengths assessment to determine the rate as specified in the Addendum 1. For any child age 13 or older, the Child and Adolescent Needs and Strengths assessment will automatically be completed to determine the rate as specified in the Addendum. If the child, regardless of age, has Intellectual or Developmental Disabilities or intensive medical/physical needs or limitations that interfere with daily life functioning, the Inventory for Client and Agency Planning (ICAP) assessment will be completed to determine the reimbursement rate as specified in Addendum 2. 20. County agrees to purchase, and Provider agrees to provide the care and services, which are listed in this Agreement. The State approved rate of payment will be paid for the Child Maintenance level of service, unless the Child and Adolescent Needs and Strengths or the Inventory for Client and Agency Planning assessment has been completed and the rate determined as , designated in Addendum 1 or Addendum 2, respectively for children placed within the Weld County Certified Foster Care Home identified as Provider ID# XXXXXXX. 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. 21. All bed hold authorizations and payments are subject to a 7 -day maximum fora 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 Exhibit A to the CWS-7A 7 Revised 6/2020 days. Bed hold requests must have prior written authorization from the Department Administrator or Designee before payment will be release to Provider. 22. Any additional costs for specialized services, which may include but are not limited to; Co -pays, deductibles, or services not covered by Medicaid, will need to be authorized, in writing by the Department Administrator, prior to the service being performed. Any payment for specialized services not authorized in writing may be denied. 23. All reimbursement requests shall: a. Be submitted in a format approved by the County. If submitted in an unapproved format or inadequate documentation is provided, the County reserves the right to deny payment. b. Be submitted by the 4th of each month following the month of service. If the reimbursement request is not submitted within twenty-five (25) calendar days ofthe month following service, it may result in forfeiture of payment. c. Placement service reimbursement shall be paid from the date of placement up to, but not including the day of discharge. d. Transportation reimbursement shall be for visitation purposes or transportation to school if out of county and with prior approval only If medical transportation is needed, Provider will arrange reimbursement through Medicaid. Any other special requests for transportation reimbursement shall require prior approval by the Resource Manager or the DepartmentAdministrator. e. Clothing allowance reimbursement shall be approved and reimbursed as indicated on the clothing allowance form accessed through the Foster Parents Database On-line System (FIDOS). 24. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Provider by the children, Provider shall be released from responsibility for loss or damage to such personal items. PROVIDER 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 Provider and control any disputes in this Agreement. 2. Not charge any fees to children or families of children referred by County for any services provided under this Agreement. 3. Not assign the obligations under this Agreement nor enter into any sub -Agreement without the express written approval of the Director of the County Department or his/her appointed designee. 4. Maintain at all times during the term of this Agreement a liability insurance policy of atleast $25,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $500,000 for total injuries arising from any one accident. Provider shall provide a certificate of insurance provided by its insurer upon request by County. 5. Indemnify the County 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 Agreement 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. 6. Attend or participate in Ice Breaker, Family Engagement or Team Decision making meetings, if requested by the Department. County staff shall notify the Provider of the dates and times attendance is requested. 7. Request a staffing if considering giving notice to remove a child, except in emergency situations. These requests shall be made through the child's caseworker and/or the Provider's Foster Care Coordinator. 8. Actively participate in achieving the child's permanency goal, cooperate with any contractors hired by the Weld County Department of Human Services to preserve placement in the least restrictive placement appropriate, Exhibit A to the CWS-7A 8 Revised 6/2020 comply with the treatment plan of the child, and attend court hearings as requested. 9. Have physical examinations completed within 14 days and dental examinations completedwithin 8 weeks of the child being placed with Provider. All documentation of these examinations will be placed in the foster child's placement binder. 10. Attend all necessary school meetings and support any plan that is developed regarding the child in order to promote educational success. 11. Immediately report to the County Department and/or local law enforcement any known or suspected child abuse or neglect as set forth in Section 19-3-304, C.R.S. 12. Maintain, access and review information weekly on FIDOS. 13. Maintain/update information in the foster child's binder. The binder will be reviewed on amonthly basis and signed off by child's caseworker and/or the Provider's Foster Care Coordinator. 14. Maintain/update medication logs on a daily basis, if child is taking medications. 15. Comply with all County and State certification requirements as set forth in the State Department rules, Staff Manual Volume VII and the Weld County Department of Human Services Policy and Procedure manual. Exhibit A to the CWS-7A 9 Revised 6/2020 ADDENDUM 1 Child and Adolescent Needs and Strengths (CANS) Rates Level of Service CANS Score Child Maintenance Daily Rate 0 and 1 $35.70 2 $42.28 3 $48.86 ADDENDUM 2 Inventory for Client and Agency Planning (ICAP) Rates ICAP IDD Level Child Maintenance Daily Rate Level 1 $97.11 Level 2 $112.64 Level 3 $123.75 Level 4 $134.86 Level 5 $154.94 Level 6 $194.75 Medically Fragile Level 1 $54.73 Level 2 $110.30 Level 3 $165.88 Level 4 Negotiate up to $200 Exhibit A to the CWS-7A 10 Revised 6/2020 2020-21 WELD FOSTER AND KINSHIP PROVIDERS (FINAL) 1 LNAME(1) Aikens FNAME(1) George LNAME(2) Aikens FNAME(2) Carly ADDRESS 22250 WCR 62 CITY Greeley ST CO ZIP 80631 TYPE Foster ID 1718610 2 Alley Michael Mai Trenton 1966 E. 167th Drive Thornton CO 80602 Kinship 1702702 3 Anderson Wayne Anderson Lauren 8137 22nd Street Greeley CO 80634 Foster 1717024 4 Archuleta Christopher Shively Carmen 2329 78th Avenue Greeley CO 80634 Kinship 1727875 5 Armstrong Zachary Armstrong Nicole 108 North 50th Avenue Greeley CO 80634 Foster 1723158 6 Baldwin Danny Baldwin Tierney 10377 South Crescent Firestone CO 80504 Foster 1717778 7 Ballard Crystal Ballard Melissa 2700 West C Street, #155 Greeley CO 80631 Kinship 1745580 8 Basye Robert Basye Debra 721 Best Avenue La Junta CO 81050 Foster 1697741 9 Bauer Michael Bauer Jennifer 442 La Costa Lane Johnstown CO 80534 Foster 1733364 10 Bauer Steven Bauer Christine 29569 WCR 70 Gill CO 80634 Foster 1726438 11 Berrelez Matthew Berrelez Yvette 247 63rd Avenue Greeley CO 80634 Foster 1728772 12 Berry Cynthia 8390 Brandywine Avenue Frederick CO 80504 Foster 1734868 13 Bickle Gregory Bickle Debra 2449 County Road 45 Hudson ;' CO 80642 Foster 1733935 14 Blank Matthew Blank Emily 1251 Vail Lane Longmont CO 80503 Foster 1669659 15 Borchert David Borchert Jessica 625 Dukes Way Dacono CO 80514 Foster 1729136 16 Braunagel Karen 1775 Laurus Lane Johnstown CO 80534 Foster 1714402 17 Brinkerhoff Zaquiri Brinkerhoff Samantha 150 Veronica Drive Windsor CO 80550 Kinship 1739843 18 Brown Dustin Brown Samantha 114 50th Avenue Greeley CO 80634 Foster 1739396 19 Cano John, Cano Leah 515 Ruby Drive Fort Collins CO 80525 Foster 14703 20 Carrigan Thomas Carrigan Robin 7312 North Country Trail Ault CO 80610 Foster 1728752 21 Casey Robert Casey Elyse 2330 6th Avenue Greeley CO 80631 Foster 1734522 22 Castaneda Freddy Gutierrez-Castaneda Natalie 2837 Avocado Avenue Greeley CO 80631 Foster 1678403 23 Claffey Tyson Claffey Emily 481 Wind River Drive Windsor CO 80550 Foster 1739517 24 Clark David Clark Kaci 1862 18th Avenue Greeley CO 80631 Foster 1725980 25 Cole Andrew Long Kiley 1883 Sunset Circle Milliken CO 80543 Foster 1687316 26 Cramer Eugene Cramer Ana 501 Sundance Circle Dacono CO 80514 Kinship 1736004 27 Cross Taylor Cross Hannah 22975 County Road 40 LaSalle CO 80645 Foster 1739954 28 Cunliffe Levi Cunliffe Anne 1211 Nova Place Erie CO Foster 1740368 29 DeSwarte Jeremy DeSwarte Melissa 1302 South 32nd Street Manitowoc WI 54220 Kinship 1729279 30 Diekroeger James Diekroeger Elizabeth 22321 Road 124 Cheyenne WY 82009 Kinship 1731188 31 Dinino-Emmerson Mary 5854 Maidenhead Drive Windsor CO 80550 Kinship 1744717 32 Duarte Tanya 420 East 57th Street, #196 Loveland CO 80538 Kinship 1719596 33 Dunn James Dunn Gari 413 Ash Street Kersey CO 80644 Foster 1714413 34 Ebert Charlotte 402 West Frontier Parkway Oberlin KS 67749 Kinship 1724521 35 Egret Cookie Shillington Meghan 8216 Hallett Court Fort Collins CO 80528 Foster 1741160 36 Emore Lansing Agone Talia 833 Columbine Drive Windsor CO 80550 Foster 1694421 37 Garcia > Fernando Garcia Aracely 3919 28th Avenue Evans CO 80620 Foster 1561879 2020-21 WELD FOSTER AND KINSHIP PROVIDERS (FINAL) 38 Gilbert Christopher Gilbert Tatum 2109 Outer Banks Windsor CO 80550 Kinship 1744875 39 Grigsby Michael Dennis Esther 5502 West 3rd Street ' Greeley CO 80634 Foster 1687385 40 Gross Nathan Gross Jennifer 1861 12th Avenue Greeley CO 80631 Foster 1718928 41 Haines Ryan Haines Kara 2737 West 14th Street Greeley CO 80634 Foster 1714134 42 Hecker Angela Hecker Kaci 2303 76th Avenue Court Greeley CO 80634 Foster 1743691 43 Helmer Sara 3000 West 19th Street Greeley CO 80634 Foster 1547292 44 Ibarra Eric Gomez Maira 200 North 35th Avenue, #219 Greeley CO 80634 Foster 1707673 45 Johnson Trevor ' Johnson Angela 1914 84th Avenue Greeley CO 80634 Foster 1723996 46 Johnson Joshua Johnson Alana 9981 Bountiful Street Firestone CO 80504 Foster 1625365 47 Korby Trenton Korby Stephanie 3105 70th Avenue Greeley CO' 80634 Foster 1659973 48 Lake Austin Lake Carlie 2212 34th Avenue Greeley CO 80634 Foster 1725170 49 Lamont Gary Lamont Vanessa 10111 West 11th Street Greeley CO 80634 Kinship 1704049 50 Lease Joshua Lease Ashlee 3306 Laguna Court Evans CO 80634 Foster 1732090 51 Lechman Jay ' Lechman Pamela 3608 Palermo Avenue Evans CO 80620 Kinship 1587465 52 Lind Patricia Dalby Katherine 1611 15th Avenue Greeley CO 80631 Foster 1658999 53 Long Joshua Long Jennifer 2548 Palmer Avenue Mead CO 80542 Foster 1712147 54 Lopez Vincent Lopez Rose 1280 Lake Circle, #G Windsor CO 80550 Kinship 1725071 55 Lozen Jon Lozen Teri 471 Stonebrook Drive Windsor - CO 80550 Foster 1735498 56 Marcos Marcel Marcos Shantay 501 Dakota Court Windsor CO 80550 Foster 1732887 57 Marn Gilbert Lazuick-Marin Justine 25000 CR 69 Kersey CO' 80644 Foster 1661206 58 Maronek Patricia 2929 56th Avenue Greeley CO 80634 Foster 1520627 59 Mars Zachary Mars Maddisen 180 Muscovey Lane Johnstown CO 80534 Foster 1721766 60 Martin Nicholas Martin Sherry 2304 Talon Parkway Greeley CO 80634 Foster 1746250 61 Mathies Robert Mathies Leilani 1106 South Park Avenue Johnstown CO 80534 Foster 1694008 62 Maxwell William Maxwell Shay 3114 66th Avenue Court Greeley CO 80634 Foster 1737476 63 Mazak Aileen Lower Courtney 90 Pike Lane Severance CO 80550 Foster 1743387 64 McKeta Steve McKeta Clorisa 1870 Chesapeake Circle Johnstown CO 80534 Foster 1728774 65 Menzel Jared Menzel Kathrina 6025 Lynz Creek Circle Frederick CO 80530 Foster 1707638 66 Moore Jay Moore Candice 1712 26th Avenue Court Greeley CO 80634 Foster 1692443 67 Munoz Daniel Munoz ' Andrea 7681 Kearney Drive Commerce City CO 80022 Kinship 1728859 68 Muth Bryan Muth Rachel 2306 Sunset Lane Greeley CO 80634 Foster 1742038 69 Nix Randall Nix Amanda 2124 Village Drive Milliken CO 80543 Foster 1741917 70 Oliver Justin Puga-Oliver Lynette 1559 South Dusk Drive Milliken CO 80543 Foster 1738985 71 Perez -Maldonado Abigael 71 Bonita Loop Los Lunas NM 67031 Kinship 1735757 72 Porras-Valencia Feliciano Pulido La Tasha 312 North 44th Avenue Greeley CO 80634 Kinship 1744641 73 Powell Robert Powell Terrie 19031 WCR 72 Eaton CO 80615 Kinship 1643044 74 Pribble Kelly 2000 80th Avenue Court Greeley CO 80634 Foster 1659978 75 Purtell Christopher Purtell Nicole 2391 Tate Avenue Ft. Lupton CO 80620 Foster 1708813 2020-21 WELD FOSTER AND KINSHIP PROVIDERS (FINAL) 76 Rojas Munoz Jose Rojas Kathleen 3607 Myrtle Street Evans CO 80620 Kinship 1553794 77 Rosales Emilio Martinez -Rosales Esmeralda 4315 West 20th Street Road Greeley CO 80634 Foster 1636676 78 Saavedra Elias Saavedra Alejandra 3704 Beaver Swamp Road Loganville GA 30052 Kinship 1742273 79 ',Sanchez Isidro Sanchez Tracy 423 28th Avenue Greeley CO 80634 Foster 1687293 80 Scheer James Scheer Elizabeth 2744 County Fair Lane Fort Collins CO 80528 Foster 1666078 81 Schmidt Donald II Schmidt Constance 17900 County Road 5 Berthoud CO 80513 Kinship 1511343 82 Schulz Lindsey 6005 West 13th Street Road Greeley CO 80634 Foster 1665608 83 Scudder Nathan Scudder Mistie 747 Rock Road Eaton CO 80615 Foster 1521113 84 Seader Ryan Seader Erin 319 Hackberry Court Eaton CO 80615 Foster 1694425 85 Segura Jr. Renato Hillin Rachel 255 East Bradley Avenue, Space 6 El Cajon CA 92021 Kinship 1739871 86 Sellman Rodney Hise Samantha 1268 Tiller Lane Milliken CO 80543 Kinship 1731690 87 Smith Lynn Clark Wendy 7039 Woodraw Drive Fort Collins' CO 80525 Foster 1603929 88 Sparks Lynette 332 Sycamore Avenue Johnstown CO 80534 Foster 1725998 89 Stump Patrick Sommers Megan 5893 Maidenhead Drive Windsor CO 80550 Foster 1740805 90 Tanguma-Gutierrez Victoria 3115 56th Avenue Greeley CO 80634 Kinship 1697327 91 Taylor Jeff Taylor Alexander 4943 West C Street Greeley CO 80634 Foster 1712176 92 Thorman Joel Thorman Kira 1315 20th Street, Unit A Greeley CO 80631 Foster 1725276 93 Torres Daniel Torres Jeannie 6756 Sage Avenue Firestone CO 80504 Foster 1556847 94 Troyer Rodney Klein -Troyer Cynthia 2625 28th Avenue Greeley CO 80634 Foster 98370 95 Van Den Elzen Dawn 5819 West 16th Street Lane Greeley CO 80634 Foster 44282 96 Vance Morgan Kindvall Brandon 500 Campbell Street Kersey CO 80644 Foster 1703052 97 VanWinkle Jonathon VanWinkle Michelle 10163 Sandy Ridge Court Firestone CO 80504 Foster 1731807 98 Vasquez Gonzalez Alma Gasca Felipe 3500 35th Avenue, Lot 75 Greeley CO 80631 Foster 1740200 99 Veyette Brandon Veyette Amanda 316 Cottonwood Avenue Eaton CO 80615 Foster 1733697 100 Visser Ryan Visser Amanda 3212 68th Avenue Court Greeley CO 80634 Foster 1673369 101 Voigt Joshua Voigt Keri 1954 18th Avenue Greeley CO 80631 Kinship 1725001 102 Walker Timothy Jeffery Jamie 339 Valley Avenue Lochbuie CO 80603 Foster 1708865 103 Walker Kayla Walker Renae 318 Trailwood Drive Windsor CO 80550 Foster 1693525 104 Walker Kurt Walker Jennifer 7681 Carlson Court Fort Collins CO 80524 Foster 1546248 105 Watts Daniel Watts Rachel 305 South 5th Street LaSalle CO 80645 Kinship 1726192 106 Wells David Wells Cassondra 606 3rd Street Windsor CO 80550 Foster 1734374 107 White Kristen 1651 Kelmsley Court Windsor CO 80550 Foster 1711814 108 Williams Buddy Williams Allison 5540 South Helena Street Centennial CO 80015 Foster 1687324 109 Winterfeld Rachel 3405 West 16th Street Road, #89 Greeley CO 80634 Foster 1712735 110 Wipf Keith Wipf Bethany 3313 Carson Avenue Evans CO 80620 Foster 1706601 111 Woodyard Ira Woodyard Erin 12659 Stone Creek Court Firestone CO 80504 Foster 1738615 Hello