HomeMy WebLinkAbout20201046.tiffRESOLUTION
RE: APPROVE AGREEMENT AMENDMENT TO PURCHASE OUT -OF -HOME
PLACEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - FAMILY RESOURCE
NETWORK
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 Family Resource Network, 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 Family
Resource Network, 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: dettniv C Jc o•cA
Weld County Clerk to the Board
unty Attorney
Mike Freeman, Chair
Steve Mo -no, Pro-Tem
Date of signature: 4/14/2D
cc: HSD
Hag /2O
2020-1046
HR0092
c6).-, J- ry 3i/66
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: March 24, 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 update the Treatment Foster
Care rate per the new rates issued by the State. The prior rate was $154.20/day and is now $153.54/day.
CMS ID
PROVIDER
3466
Family Resource Network
3467
Kairos Family Services, LLC
3468
Specialized Alternatives for Family
and Youth
3469
Griffith Centers for Children
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 -Tern
Kevin Ross
Approve
Recommendation Work Session
Schedule
Other/Comments:
Pass -Around Memorandum; March 24, 2020 — CMS Various
4/1
Page 1
2020-1046
f1 X12
AGREEMENT AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND FAMILY RESOURCE NETWORK
•
ri a�,,
This Agreement Amendment made and entered into day of o«y and between the
Board of Weld County Commissioners, on behalf of the Weld County Department f Human Services, hereinafter referred to as the
"Department", and Family Resource Network, hereinafter referred to as the "Contractor".
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. 2019-3366, approved on July 24, 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. Exhibit B is amended 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.
ATTES/i%
Weld ' ou ty Clerk to the B, and
By:
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Cler ` the :oard l!L �, ty s���``�%� �� Mike Freeman, Chair
CONTRACTOR:
APR 0 8 2020
Family Resource Network
5360 North Academy Blvd., Suite 130
Colorado Springs, CO 80918
CUaN�.hlth
By:
Contractor's (or designee's) Signature
Date: Feb 25, 2020
Amme Koehler (Feb 25, 2020)
,A9O1,.O - /O4
EXHIBIT B to the SS23A
Additional Provisions for the Agreement to
Purchase Out -of -Home Placement Services SS23A
For the Purchase of
Treatment Foster 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 Family Resource
Network, hereinafter referred to as, "Contractor."
1. Contractor agrees to provide the care and services which are listed in this agreement
for Facility ID 1508602 and tie to IM-CW-2018-0002, and County agrees to purchase
said care and services at the Contractor's base anchor rate of $153.54 per day, as
outlined in the Colorado Department of Human Services Informational Memorandum,
IM-CW-2019-0010, 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 statues, 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 County's Department
Administrator or Designee before payment will be release to provider.
3. 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.
4. 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.
5. Contractor agrees to cooperate with any vendors hired by the County to shorten the
duration of placement.
6. 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 County.
7. 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
Exhibit to the SS23A
16 Revised 6/2019
Contractor shall complete or obtain a completed IEP. A copy will then be forwarded
to the County.
8. 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, prior written authorization from the County's
Department Administrator is required before payment will be released to provider.
9. 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.
10. Time is of the essence in each and all of the provisions of this Agreement.
11. 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.
12. 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.
13. 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.
14. This Agreement is nonexclusive and County may engage or use other contractors or
persons to perform services of the same or similar nature.
15. 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
Exhibit to the SS23A
17 Revised 6/2019
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:
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.
16. 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;
Exhibit to the SS23A
18 Revised 6/2019
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.
17. In addition to terminating this Agreement, in accordance with the provisions of the
attached Agreement, the County may exercise the following remedial actions if the
County finds and determines that the 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.
18. 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.
19. 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
Exhibit to the SS23A
19 Revised 6/2019
this Agreement is intended to circumvent or replace such immunities.
20. 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.
21. Any amendments or modifications to this agreement shall be in writing signed by both
parties.
22. 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.
23. 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.
24. 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
20 Revised 6/2019
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID'
FAMILY RESOURCE NE I WORK OF @00035674
COLORADO SPRINGS
Contract Name*
FAMILY RESOURCE NETWORK (AGREEMENT AMENDMENT)
Contract Status
CTB REVIEW
Contract ID
3466
Contract Lead*
CULLINTA
❑ New Entity?
Parent Contract ID
20193366
Requires Board Approval
YES
Contract Lead Email Department Project #
cullinta@co weld.co.us
Contract Description*
AGREEMENT AMENDMENT TO EXISTING 2019-20 SS23A TO UPDATE TREATEMENT FOSTER CARE RATE.
Contract Description 2
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
A I I ORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
03,25/2020
Due Date
03/21/2020
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
Onaase
Contract Dates
Effective Date Review Date* Renewal Date
05001/2020
Termination Notice Period
Committed Delivery Date Expiration Date*
06/30/2020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
0330/2020
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 I
AG 040820
Legal Counsel
GABE KALOUSEK
Legal Counsel Approved Date
03131/2020
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