HomeMy WebLinkAbout20190235.tiffCOLORADO
Office of Children,
Youth & Families
LA:tsi't,tt.tA St,
U
n
55-23A Agreement to Pur ase
Revised 1 /15
AGREEMENT TO PURCHASE
OUT -OF -HOME PLACEMENT
SERVICES SS23A
CHILD PLACEMENT AGENCY SERVICES (CPA)
CHILD HABILITATION RESIDENTIAL PROGRAM (CHRP
GROUP ITOME/GROUP CENTER CARE
INDEPENDENT LIVING
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY (P TF)
RESIDENTIAL CHILD CARE FACILITY (RUT)
RESIDENTIAL DRUG/ALCOHOL PROGRAM
SHELTER CARE
SUBSIDIZED ADOPTION
TRANSITION/HOME BASED AFTER -CARE (RCCF)
OTHER (DESCRIBE):
THIS IS AN AGREEMENT, made this day of
between Weld County Department of Social/Inman Services, PO Box A, Greeley, Co
80632, hereinafter called "County" and Mount St Vincents Home, 4159 Lowell Blvd
80211, hereinafter called "contractor"
�rad�Den , CO
TIIIS AGREEMENT:
Shall include all children placed by Weld County Department of Social/Human Servic s an
placed with Mount St Vincents } tome.
A child specific addendum, identifying individual service needs, must be completed at
attached to supplement this agreement for each child being served by the facility. If th s
is a CPA placement, the child specific addendum should also address how administrat e
services will be provided in the event the child is placed for adoption in a foster home
supervised by the CPA.
WHEREAS, the Colorado State Department of Human Services, hereinafter called "S to
Department" is authorized to provide social services to individuals and families of
individuals through its agents, County Departments of Social/Human Services, and
WHEREAS, the County is authorized to purchase certain services for eligible children
under State Department rules, and
1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303.866-5932 F 303-866-5536 www.cotorado.gov/cdhs
John W. Hickenl per, Governor I Reggie , Executive Director
)-1-
/9
2019-0235
\VIIERF.\S, the i„ 'minty N1 fishes to provide these services by purchasing them from
Contractor. and,
\VUERI:AS, the I.'ontractor is licensed as a Child Placement Agency. Residential ('hil
('are Facility, certified Psychiatric Residential Treatment Faeilit‘, or meets the
requirements 1ur other licensed service types.
NOW TIll'.RI•,I(►RN, it is hereby agreed that in consideration of the mutual undertakin
the County and the Contractor agree as follows:
I. Ellis Agreement shall he in force from the date of the agreement,
Jt.ly 1. 2018. until the end of the Colorado fiscal year. June 30. 2019. A
child may be remiss ed from the facility prior to the end of the fiscal yc r
h the county department.
'_. fits Agreement may he renewed only by entering into a new written
Agreement such as this Agreement signed by the :unhurried
representatives of the parties. Except as otherwise provided above, eith
party shall lime the right to terminate this contract by giving the other
party thirty (30) days notice by registered mail, return receipt requested I1'
notice is so given. this contract shall terminate on the expiration of the
thirty (3t►, days or until the eligible child(ren) can be placed elsewhere,
hichever occurs first, and the liability of the parties hereunder for furt)�er
performance of the terms of this Agreement shall thereupon cease, but t e
parties shall not be released from the duty to perform their obligations t
to the date 1)f termination.
3. I his Agreement is in lieu of and supersedes all prior agreements betwee n
the parties hereto and relating to the care and sera ices herein described.
til.('Tlt IN I: I)1.S('RIP f1ON OF SERVi('IiS Tt ) til? PI1R('I l \SF.T):
The total rate of paynt.:nt for care and services under this Agreement shall not excec
the established rate for the PRTF: fi)r CPA placements, the negotiated rate or the
approved cndur rate: fur RCCF placements. the established Fee-ti)r-Service rate and t
negotiated rate or the approved vendor rate: and. for ("EIRP placements, the agreed up(tt
service proposal rate. The total rate of payment tbr care and services for other service
types will be as negotiated between the County and the Contractor. Medicaid rules shall
govern aeti\ ities to be covered in the daily rate paid to PRTFs.
The amount paid fir purchased care and services for less than a lull month will be bas$d
upon the daily rate.
Payment far a child's temporary absence from the facility, including absence due to
hospitalization. w ill be made in accordance with State Department rules in StallManu$l
Volume VII, 73 )6.1, I ( 12 (°('R 2509-5).
Transportation shall be furnished by County between the child's residence and
C'ontractor's faciaty for the initial placement and return after the treatment plan is
1
completed. If the :Mid runs away from the Contractor's facility. the County shall provi
i„ ►nsportatiun to either return the child to the facility or to Other care as arranged by the
('u► ntv. The County has responsibility for the decision to return the chili to the facility
w ith input from the ( `ontractor.
4. All other transportation associated ‘k itti the C'ontractor's proposed ser\ ices 1N ill be
provided by Contractor..\ny transportation costs not cok erect or contemplated in the
original treatment plan must be negotiated between County and Contractor and are not
subject h. reiu►ht.rsenu•nt under this Agreement. i lowever, provisions fix payment of
other transportation may be pros ided for in the l.amily Secs ice Plan Individual Plan 0
(. are.
''. Any tr.rn.sporta.ion cost, to he incurred on behalf of a child in placement, which ar to
be borne by persons, or agencies, which are not a party to this contract, shall be specified
in the treatment sec ice plan, and those persons shall acknowledge their responsihilit+
signing the treaunent'scr\ ice plan.
Sl':('"hlON II: I.I t;.1I. STATUS A`I) \l'TlIORIZATIONS:
I Such permission as is held by the County is hereby granted to the Contractor to
authoriic routine or emergency medical and dental treatment except that:
a. \ledicai or dental care shall he provided by personnel duly licensed by law as I
required b% the State of Colorado. It is mutually understood hereto that hospital
expenses, surgery. ophthaltnologt services, eyeglasses, orthodontia or other I
unusual expenses are not included in the monthly rate. The cost o` any items not
co•, ered h\ Medicaid will he negotiated between County and Contractor. Medicaid
rules shall govern actin ities to be covered in the daily rate paid to PRTFs.
'. Counts and ( 'fi Infractor shall insure that the childtren l is enrolled in the karly and
Periodic Screening, Diagnosis and Treatment Program.
;. It is agreed and permission is granted for the chi1dtrent to participate in planned
recreational and social activities of Contractor, including supervised off grounds
excursions and extended trips within the State, provided that Contractor has written
permission from ('aunty and legal guardian for any trips out of Colorado for any reasotl
and any planned absence from the facility of over seven t 7) days within a consecutive
day period. Such ss mitten permission may he in the treatment'ser ice plan. Further,
Contractor and ( ounty ill also secure, where possible. permission from parents or
guardians of the child placed with the Contractor. Any planned absence of more than'_
hours for children placed in a PRTF is not Medicaid reimbursable.
4. Count. and C'ontractur shall intorni each other and the local school district of any
changes :n parental residence affecting educational status which conies to their attentio .
:sI:C'Ti(`: 111: RI .,ASONS FOR REFERRAL. TRl•.A l \1l:A I PLAN. AND PR(t(iRI: S
KFPORIS:
C'uunt\ and t. 'ontractor agree and understand that the reasons for referral. which
necessitate purchasing services for children are specified in the attached child specific
addendum and Family tier‘ ices Plan. Any other relevant information concerning these
children that doe not necessitate purchasing serA ices is also included in the addendum:
2. Count\ and Contractor shall develop an initial plan that addresses the immediate
and or enter;itenc\ needs of the child within 72 hours of admission tiir children in RC(' s
or group homes except PRTF, County and Contractor shall formulate an initial individual
pan ofcare within 14 calendar days alter admission liar children in R('('l s or group
homes except PR IF. The placement date is that date noted in the attached child specific
addendum included with this contract. she Child's hamil\ Service Plan may be utilirec
as an Ind] \ idual i'lan of 'are for this purpose for facilities. Modification, to this plan
shall he arced t<< in writing on the plan or as a supplemental document.
Count\ and ContracuH shall fihrmulate an initial indi idual plan of care for children in
l'RTFs ithin 72 hours. For children in a PIZ'I'I' a comprehensive individual plan olcare
must he completed by. the multidisciplinary team within 14 calendar days from the
rlacement date. The placement date is that date noted in the attached child specific
addendum included with this contract. Modifications to this plan shall he agreed to in
\z, riting on the plan or as a supplemental document.
4. The indiividuau plan of care shall be goal oriented and timelittsited and .hall:
a :Address all areas listed in Section 7.714.4. C. 2. t 12 ('t 'lZ 25(di-8) together with
clinical and other needs including the child's presenting problems, physical
health, emotional status, hehavior, support system in the community. available
resources, and discharge plan.
h Include specific goals and measurable ohjecti‘ es, expected dates of
at hicvenv.ent, specific discharge and transitional alter -car; and fitlow up services
criteria to he stet for termination oftreatnlent.
c. Speed., the type. frequency, and duration of clinical therapy se:A ices.
rehabilitation ser. ices, medication mamnmeement_ emergency ser\ ices. Imt:atl
aessnient, documented treatment modifications. and other ser\ i,•es determined
to he necessary to meet the child's specific goals.
d. Specify that all therapeutic sere ices are necessary to meet the Leeds of the cl*ld
and to treat the child's current diagnosis.
e. Identify the pro\ ision of. or the referral for. sec\ ices other than RC'C I' services
and shall document any court ordered treatment including identifying the agency
responsible liar pro'idling the court ordered treatment.
I. Anticipated li\ ing arrangement for the child at the date of discharge:
:4. Anticipated educational arrangement for the child at the time of discharge;
h. Anticipated date tier discharge from treatment purchased for the child.
i..\ permanency .,ua1 for the child.
Monthly, Child Placement :Agencies. R( ( l's and other contractor types other than
PRTF. shall conduct a monthly review of each plan to e' aluate whether the short-term
and long-term goals have been achieN ed or not achieN ed. These parties shall provide the
County w ith written reports which address changes to the child's physical condition,
psychological and social functioning, changes in the child's family situation. ccfucationitl
progress, significant incidents or disciplinary actions, and progress made to achieve goals
specified in the treatment plan. Further, the Contractor agrees to sequence reports to he
received by the County 15 calendar days prior to judicial or adntinistrati‘ e hearings or
reviews when pn,vided w ith 30 calendar days adhance notice of such dates by County.
6. Every 14 days. PR i Fs shall pros ide the County with written reports which address
changes to the child's physical condition, psychological and social functioning, changes
in the child's fancily situation, educational progress. significant incidents or disciplinary
actions, and progress made to achieve goals specified in the treatment plan.
SECTION IV: ( 't INTRA(' fOR til IALI..
l . C'onturin w ith and abide by all rules and regulations of the Colorado Department of
Iluman Set -vices. the Colorado Department of I fealth Care Polio 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 he binding on Contractor and
control any dispute; in this Agreement.
2. Maintain a current license and maintain license requirements as specified under Slate
law and rule.
3. Not charge any lees to children or families of children referred by county fin any
services provided under this Agreement.
4- Not assign the obligations under this Agreement nor enter into any sub -contract
w ithout the express written approval of the Director of the Count) Department or his/her
appointed designee.
. Abide iw all applicable pros isions ofTitle VI and VII of the Federal Civil Rights Asti
of 1964, Section 504 of the Rehabilitation Act of 1973, Title XX of the Social Security
:\et of 19.75 as revised. and provide confidentiality of information concerning the child in
compliance with the I lealth Insurance Portability and Accountability Act (IIIPAA).
0. Maintain during the term of this Agreement a liability insurance policy of at least
_25,001) for CPAs and S401).O00 for PR'l'Fs, and RC('Fs for property damage liability.
S 150,0011 for injury and "r damage to any one person, and $6(lt),U00 for total injuries
5
..nising from any one accident.
7. Maintain during the terms of tais Agreement an insurance policy or a fidelity bond in
an amount deemed sufficient by the county. covering the activities of any of its officers.
agents. of cnlpio ces responsible for the implementation and: or administration of this
contract :a order to make reparations for any wrongful acts, omissions, or any other
delaleations of the Contractor.
Indemnify County, ( oiorado Department of I luman Services, 'olorado I)cparintent o!
I f calth ('sine Polley & Financing. and the State of Colorado against any and loss against
::It claims and ac: om based upon or arising out of damage or injury. including death, to
persons of property caused or sustained in connection with the perti,rmance of this
.,otitract or by conditions created thereby, or based upon any violations of tow statute.
ordinance. or regulation and the defense of any such claims or actions.
Paragrap:,s (,, '1 . lid x do not upph, to the t'my ersity of ( olorado contract,-: with county
dcparttile:1ts.
In regards to I 'lilt ersily of ( olorado contractor's only. the contractor snail he
responsib e for its own w ron,gfitl or negligent acts or omissions or those o1' its officers.
agents, or employees tthile performing their professional duties to the fu:I extent allowed
by law. Notwithstanding the foregoing, nothing in this .1greement is a limitation or
waiver u' the application of the ( 'olorado ( iovennnental Immunity .pct set tOrth :n §24-
0- I u I to * 33- I n- 120, ( . R.S.. any claims resulting front the pertorniance of the
t niversit . of ('olorado. it>. employees or agents under this Agreement.
it). Maintain sery ice program records. fiscal records, documentation and other records,
which will sufficiently and properly reflect all direct and indirect costs of any nature
incurred in the peril+rniancc of this Agreement. The ahoy e shall he subject at all
reasonable times to inspeetion. review or audit by federal. ('olorado Department of
(Inman se rvices. ( 'olorado Department of I lcalth ('are Policy & Financing, or county
personnel. and other pers,ms authorised in writing by the Fxecutite Director of the
('oloradt Department of Services.
E I. Contractor shall. in ally instance of potential adoption by a lister parent. prly ide the
initial home studs. the S.AFI. study update. annual certification updates and related
t:.aterials tt hen r:aluestcd by the County yt ithin fourteen working days of the request. At
all other times the ('outrtetor shall make home studies and related materials available to
t e County ti,r review at a location agreed upon by the ('aunty and the Contractor.
curing regular brininess I:,airs.
l 2. Bill the County tier serf ices rendered. using the required form. Phis form is to be
mailed to the County by the last day of the month of care. Billings for PR'I'Fs shall he
made to the MMIS System only. Billings for RC('l' foe -tier service and ('IIRP shall be
made to either the MMIS System or the 'minty. Billings for R('CFs daily rate. (`PAs and
other contractor types shall he made to the County only. Contractor will not be paid by
the county when billing r, not receited by the County within .(I calendar days following
tae clue date.
I. Attend and in Administrative Re iews for children in placement with the
'ontractor pursuant to two (? ) v. eeks written notice by the County. The ('ontractor shall
encourage children u%er the age of twel%e to attend their Admini`.irati\ e Re% iews.
Participation may he in person by teleconference.
14. The Contractor shall pay the lister parent the amount agreeu upon a ith the county as
the child maintenance or room and board. Any payment to the taster parent in excess of
the child maintenance or roost and board amount shall he treated as inonne to the foster
parent.
5. The t 'ontractor shall have the on -site presence of at least one l I ) off icial who has
received State training in how to use and apply the reasonable and prudent parent
standard and who, with respect to any child or youth placed at the Contractor's facility, i,
designated to he the caregiver authorized to apply the reasonable and prudent parent
standard to decisions in‘olying the participation of the child or.outh in ;rt:e or
developmentally -appropriate activities. In the case of foster ('inc Home certified by a
"hild Placement Agency, Contractor agrees that each taster parent has received State
training in how to use and apply the reasonable and prudent parent standard to decisions
involving the participation of the child or %'outh in age or developmentally appropriate
activities
!0. Contractor shall ensure that each foster parent or caregiver authoriied to apply the
reasonable and prudent parent standard receives sufficient, ongoing training to continue
to use and apply the reasonable and prudent parent standard for each child or youth
placed in the luster home or facility.
SI:.711O\ V': t't rt IN'l't Sfl,Al.l
1. Determine eligibility of the children under this Agreement for placement and medical
coverage. Medicaid rule, and regulations shall govern determination of Medicaid
eligibility.
?. Asses, and collect lee, in accordance with the roles and regulations of the Co'.orado
Department of Human Services.
3. Reimburse Contractor by the I fith of the following month in accordance with fiscal
system time frames for scryices purchased under this Agreement in accordance with the
established rate w hen billing is submitted as described in Section IV, Number IU
tabo%e).
4. Abide by all the rules and regulations of the Colorado Department of I luman Services.
federal riles and regulations and the laws of the State of Colorado. any of which may be
amended trout time to time.
_`t. If this agreement co%crs an initial placement for a child. the ('contractor may receive a
clothing allowance in accordance with State Department titles.
o. \lonitur children's progress in accordance with the treatment family services plan and
the requirements of Colorado Department of Ihuman tier\ ices rules and provide
consultation to Contractor in relation to the services purchased under this Agreement.
.. Invite 'ontractor to A ministratiye Re\ dews at least ' \.veeks prior to the scheduled
rev hews
�.. Invoke Contractor in planning for the child and gi\ e the Contractor a copy of the
1'antily Services Plan at time of placement or as soon as completed and \when updated or
Wised.
0. The County shall seer. recovery from the RC'('F. t. 'PA or other contractor type for ans
non- i1:tncaid payment ;;n►o►ntts that have been misused as defined in rides. the County
may withhold subsequent payments to recos er any funds misused by the R('CF. ('PA or
other contractor type. the County shall seek recosers of any remaining floods as a debt
cue the Counts for the benefit of the state. 'I he RC'('F or ('PA may appeal the decision to
recover or ithhald subsequent payments as defined in rules.
t). The t aunt) shall identify the amount agreed upon with the ( antractor to be .paid to
the foster parent for the child's room and hoard. Such amount v ill be the same as shown
in Trails for the child's maintenance.
I. Rctmhiirsement rates that are negotiated between the County and the C'antraetor shall
he for allowable costs in one or more of tour primary- components. child maintenance,
administrative sec% ices, administrative maintenance, and treatment. Contractor tspe will
determine which of these tour components will he included in the reimbursement rate.
2. The t omits shall pro% ide the Contractor with a copy of the policy that identities
activities that pro%iders trained in the reasonable and prudent parent standard may
approve, and identifies activities that require ('ounty department approyt,l.
;. The t auntsshall ret:uire that the person( s authariied to apply the reasonable and
prudent parent standard. including each foster parent. will complete State training
specific to the reasonable and prudent parent standard and will receive ongoing training
as necessary in order., to meet the needs at' each child or youth, and to use and apply the
reasonable and prudent parent standard.
SFCl l(\ \'I: (uh.NFRAt_ PR(t\ lSlONS:
. The Parties to this Agreement intend that the relationship het cell them. contemplated
by this Agreement is that of' employer independent contractor. No agent, employee, or
servant of ('ontractor shall he deemed to be an employee, agent, or servant of the Count..
ontractar will he solely and entirely responsible for its acts or of any agent, employee,
servants and sup -contractors during the performance of this Agreement.
.. Payment pursuant to tins Agreement, if in State of Colorado, county, or federal funds,
whether .n whole or in part, is subject to and contingent upon the continuing ayailabilits
of State of Colorado. couty. and lederal ;lands liar the purpose thereof.
.}. It is arced that ii. attci investigation. it is show n that reasonable care was given to
retard and protect personal items brought to Contractor by the children. ( untractur will be
released from responsibility ta- loss or damage to such personal items.
4. This :\ ercentent is intended to be applied in conjunction with the child specific
addendum and family sci \ ices plan as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion or other amendment
hereto shall have any force or affect whatsoever. unless embodied herein in writing. No
subsequent notation►. renewal, addition, deletion. or other amendment hereto shall have
any force or effect unless embodied as a part ot'this written Agreement. This section shall
not be construed as either prohibiting the periodic amending of the family services plan
or appending a county designed addendum to this agreement.
5 the contract shall permit the State Department to monitor sere ice program, fiscal and
other records sufticient►ti to assure the purchase of services in this Agreement are carried
out for the benefit of the ;t1trementioned client. Monitoring may occur through review of
program :.ports, on -site visits where applicable and other contracts as deemed necessary.
I he Contractor utiderstauds that the State Department may provide consultation to
( untractor to assure satisfactory performance in the provision of purchased services
under this .Agreement.
a. \Il reii burscu,ent requests shall be submitted to and approved by the
appropriate County staff. Reimbursement for placement services shall he paid
from the date of admission up to, but not including. the day of discharge.
Furthermore. Medicaid payments ti)r PRI} I• and (I IRl' placements are permitted
on the dn. ofdischarge in compliance )kith regulations promulgated by the
',donut() I)epartment of I Iealth ('are Policy and Finance. Fee for Service will he
reimbursed as pet Medicaid regulations. Medicaid funds shall not be limited to
finds encumbered in this contract and shall also include Medicaid bends for
PRI': and R('('I• therapeutic ser, ices and C'IIRP sere ices paid h the
Department of Ifealth Care Policy and Financing. Payment for placement
services ), ill not be provided for clients tut "runaway" status unless the County
has previously approved it. Reimbursement requests for therapy costs for clients
enrolled in PRIM.. RC('I', and ('IIRP programs shall be submitted to the
Medicaid Fiscal \gent in accordance with instructions provided by such Fiscal
Agent. Hie Contractor shall lurward copies of such billings to the County on a
monthly. basis.
In the ev cnt that a ( 'ontractor receives payment tier a per diem discharge day,
regardless of bolding source. the ('ontractor shall refund those dollars forthwith.
b. i he purpose of these requirements is to pros ide minimum assurance that the
Contractor tractor has adequate accounting and budgeting information a' ailable to allow
n;anagcment to maintain a financially' viable enterprise and to demonstrate
Inluncial Accountability to the county departments of' human. social services and
Colorado .)epartnient of I human Services for the use of public funds.
t I; fhe ( ouitnictur must have in place a double entry accounting systenm and ail
financial transactions must he posted to this system. Financial statements.
prepared Crum information provided by this system. shall he presented in
c.nnformit\ with t'.S. generally accepted accounting principles ((iAAP). The
ouitratch r must also have adequate time keeping and cost allocation systems to
allocate salary cost and indirect cost to appropriate cost centers. Rooks and
R cords of the ( aaltractor shall he subject, at any reasonable time. to inspection.
audit or copying by appropriate federal, State or county personnel, or such
itdependent auditors or accountants as may be designated by these personnel.
(2a All billing h\ the contractor must he in a lormat appro'ed by the fiscal agent
a. count\ Contractors trust bill the fiscal agent and county at least once a
ii ntih. t 'ontractors may hill twice a month, on the 15th and last Jay of the
naunth, for services rendered. Bilis will be returned unpaid if the hills do not
conform the approved format or the documentation is inadequate.
All ( ,nuractots whose total annual expenditures are S I00,1)1t(i or more shall
submit ar annual audit of their financial statements by an independent certified
public accountant. t'antractors with total annual crpenditures less than S 100,0041
may submit an audit as described above or may submit compiled or reviewed
Iinancial statements. prepared in accordance w ith generally accepted accounting
principles It -the ('ontractor is a go\ernment agency that has an independent audit
d. ne by another agency of that government, its audited financial statements,
prepared iti accordance with generally accepted accounting principles Liar state
and local uu\ emments meet this requirement. The audited, compiled or reviewed
financial statements of PR FFs, R('('Fs, and ('PAs must he completed and a copy
pro\ ided to the ( .i ilorado Department of I lumaut Services (Attn: Administrator
for Mils. and Re '('Fs and Attn: Audit Division Director for ('I'.As) within ISO
.ia\ s after the contractor's fiscal year end. The audited financial statements and
supplementary intiwtnation defined in regulation for \arious agencies shall he
presented as dese:ihed in Section VI. E3 (I). ). above and must contain sufficient
detail to pion ide idence of financial accountability under the terms of this
contract and conttulling state regulations. Contractors that are a subsidiary ()la
parent organiiation must submit separate financial statements for the subsidiary
tl.at detail each at the Contractor's facilities and or programs that provide services
tier the ('t laradu I )cpartntent of !Inman Services and also must provide a
reconciliation of these financial statements to the consolidated financial
statements of the organisation as a whole. When applicable. the ( ontractor must
comply \\ ith the ,audit requirements found in the Single ,Audit Act of 1984 and the
Single Audit Act Amendments of 1996 and l:. S. Office of \tana,tement and
Budget it\113) ( ircular A-133. Audits of States, Local (iuvernnrents, and Non-
Pu'otit Organi/ations including subsequent revisions, and appropriate audit and
financial reporting requirement: as defined in State laws. rules, and regulations.
(4 t (f('ontracturs do not submit their annual audit or refuse to disclose financial
information regalding the operation of the program in a timely manner, the Fiscal
:\cent ina\ \vithhold payment until the audit and or requested information is
10
submitted If the contractor is a ( PA, then sanctions of the cuntr::ctor may occur
fet. failure to submit.
(f.;) hl eases \\her documentation dues not exist to support auditinformation or
.er\ices pnlyided, contractor \will he required to repay all funds received for
\1 hich hIL tlmcnlation does not exist.
(i,) It> ca.�`S Whef'e audit deficiencies are noted, a plan of correctlle action shall be
submitted to the State Department's Audit Division for afopruv ii within 4 months
ut the date of the audit.
( "1 Failure to comply with any of these requirements. tnr uding Items on the
addendutrt is, justification tier the County to impose fiscal sanctions, penalties. or
cancel the contra. t.
(,. In the event this contract is terminated, final payment to the ('ontractor may he
withheld at the discretion of the County until final audit. Incorrect payments to the
('ontraetor due to omission, error, fraud, or misuse of funds shah be 1'eco',ered from the
('ontractor either by deduction front subsequent payments under this contract or other
r ntracts between the C'uunty and the ('t ntractor or by the County, as a debt due to both
the State of Colorado. the Colorado Department of I human Ser\ n es and the County. The
aiver O: all\" \ n latiolt shall not be construed as a \vaivei of an\ other i1r subsequent
iulation ,.1f this contract or appropriate statutes and regulations.
1ti'I(FRI I ( )RI:, :lie partfeti have herein set their hands and affixed their .eats the day and
,:ate first written .lho\e.
COUNTY:
ATTEST
We
Terk to the 3t lard
Deput I 'let
11
HOARD OF ('OUN.I Y COMMISSIONERS
W EI1) ('Ott IA', COL( I ,1I)O
Barbara Kirkmeyer Chair
JAN 0c:20`-9
('O\TRA(" TOR:
Mount St Vincents I Ionic
415' Lowell Blvd
Denver. CO ti(121 I
Contractor's tar .iesiuuce's) Signatltre
and Date
Qot9-0@35
GXIIIBI"1• A to the SS23A
additional Provisions for the Agreement to Purchase
Out-of-llome Placement Services SS23A
For the Purchase of
Residential Child Care Facility Services
I he tollu\\is addi!Jo ntal pno' Istons of this i.xhibit apply to the agreement entitled. -.Agreement
to Purchase c )tit -o1-1 Ionic Placement Sery ire SS2?:A, attached hereto. by and hetween the Board
ofCounty Commissioners ut Weld County. on behalf of the Weld (aunty Department or I luntan
Ser ices." hereinafter rel'rrr_d to as. "Count.," and \Iount St \"incents Home. hereinafter
referred to a>, "Contractor."
I. County agrees to putehasc and Contractor agrees to provide the care and services which
are Itsted in this agreement for Facility ID#45174 at the contractor's base
anchor rate ,S:)..18.97 per day. as outlined in the Colorado Department of [finnan
Ser\ Ices lulurniational \iemorandtun IM -('W -_2U I `-t)O-l(►, unless for the 20 i 8-2t) Iy
fiscal year the ('ont actor and Counts ha\ e agreed to a previously m totiated higher rate
based on the significant needs Lila specific child. These sax ices i l he for children vho
have i)CCI1 dcetucd eligible for social scr\ ices under the statutes. rules and refutations of
the State of Colorado.
.'.. All bed hold :unhortiatiuns and payments are subject to a 7 -day maximum for a child's
temporary .Thence trom a facility, including hospitaiiration. Bed hold requests must
have prior kt mitten authorisation front the Department Administrator before payment will
he released to provider. Reimbursement rates for bed hold days rna\ not exceed the state
standard rate fimr admuustrali\e maintenance and administrative ser\ ices or may he a
reduced rate that is imuually agreed upon.
The >cryices purchased under this Agreement as ('hilt! \laintenance. Administrati\e
Maintenance and SeiA ices fir Residential ('hill (:'are Facilities include. but are not
limited to: food, shelter, clothing, personal needs and allowance, administration.
adnriaisttati' e overhead. support stall, support overhead, sleep -user staff, direct child
care. transportation, therapeutic recreation, service delis ery staff, parent training for
teens. independent li\ ing training, mentor/advocate, superised visitation and all other
services as outlined in the Child Specific Addendum. The intjcipated minimum
percentage fa. each item is as billows and \+ill he subject to ('ounty monitoring as
outlined in Section 1'I of this, contract:
a. Food. Inc iuding meals and snacks (25"0).
h. (
c. Shelter. including, utilities and use of household tarnishing and equipment and daily
supervision, including those acti\ ities that a parent would normatl\ carry out to assure
protection. emotional support and care of the child t 3O",o.
d. Personal items aid grooming care liar the child, such as toothpaste, toothbrushes. soap,
combs, haircuts. and other essentials (2"ot.
F\h±ts;t it the t.\
12 Rc\r,'d::'uIN
e. t )flier tins: ellaneuus items considered usual in the care and super% ision o; the child.
include, but are nut limited to. transportation. recreation and o'.ertiead (-ft)" O.
x. A ntitiituunt If one pudygraph test per t'o(oradu fiscal year. it needec ht the child.'.'. ill be
furnished ht the Contractor under this contract for facilities that pro ide sex offender
treatment.
4. ('out: actor agrees to hayc appropriate personnel available to attend or participate in
Fatnil'. Fitga;.2ement, leant Decision Making meetings or court hearings. Provider shall
he notified b'. C ount\ staff of the dates and times attendance is requested.
n. (.'ontractor agrees to c operate with any vendors hired by the Weld ( aunty Department
of !Italian Sec ices to shot -ten the duration of placement.
Contractor agrees to have physical examinations scheduled t. ithin 1 •f clays and dental
examinations scheduled tt ithin t( weeks of the child being placed with Contractor. All
docu:tentation of these examinations shall h; forward to the County
Conte ictor agrees to arrange a full e'. aluation of an Itdividu.aited Fc ueational Plan II' l't
for v4'uth designated as a Special Education Student c'. cry 3 Years and coordinate re\ lows
even year. If the ll•.P is due while the child is in placement. the Contractor will complete
or obtain a completed II:P. .\ copy'.'. ill then he forwarded to the ('uanty.
Children in residential t.'hild ('are Facilities and Child Placement Agencies arc generally
not eligible 14receit clothing allowances as outlined in the Weld County Department of
hunt,+n Services Polio and Procedure Manual. How c'. et-, a one-time emergency
clothing. allot once may be approved in limited circumstances, with prior written
authoriiatioii from County's Department Administrator required before payment will he
released to provider.
1+l. County shall have access to ( ontractor's financial records as they relate to this Agreement
for purposes of audit. Such records shall he complete and a\ ailahle for audit c)O days alter
final payment hereunder and shall be retained and available tier audit purposes for at least
ti'e \cars after final payment hereunder.
11. Time is of the essence in each and all of the pro\ isiotts of this Agreement.
Neither party to this Agreement shall he liable to the other lair delays in deli\ cry or failure
to deli\ er or other\ ise to pertc+rm any obligation under this Agreemneat, 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 ( ion ernntental actions.
13. Ally notice required to he gat, cn under this Agreement shall be in writing and shall he
mailed or deli'. ered to the other part., at that party's address as stated abo'. e.
14. This Agreement and the provision of sec ices hereunder shall he subject to the laws of
('olor:tdu and he in accordance with the policies. procedures. and practices of Count.
\
1•xl+;l‘tt w the ss_. :
I ; Re%ised S 201st
15. This Agreement is nonevclusiv c and ( bunt v.ma) engage or use other contractors or
persons to perform services (,1 the same or similar nature.
I n. ( nib act I'rotessiunn, certifies. warrants. and agrees that it does not knowing:y employ or
cuutr.r.t with an illegal alien cv ho \\ ill periirrm work under this contract. Contract
Professional .+ill confirm the employment eligibility of all etnplotees ho are newly
hired fur em1'l,,ynten: in the inted States to perform work under this Agreement, through
participation Ili the I -Verity program or the State of Colorado program established
pursuant to (' R.S. -17.5-It)?(5)(c). Contract Professional shall not knowingly employ
or contract w ith 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 a„t know :ngly employ or contract with an illegal alien to perform
work ;order this Agreement. Contract Professional shall not use E -Verify Program or State
of Colorado program procedures to undertake pre -employment screening or ;oh applicants
%1hile this .\gteenten: is being performed. It Contract Professional obtains actual
know ledge that a subcontractor performing work under the public contract for services
know ingly employs or contracts w ith an illegal alien Contract Professional shall notify the
subcontractor and ( utility within three (3) days that Contract Processional has actual
knowledge that a subcontractor is employing or contracting v\ ith an illegal alien and shall
terminate the subcontract if subcontractor does not stop employing or contracting with
the illegal alien within three (3) days of receiv ing notice. Contract Professional shall not
terminate the contract if within three days the subcontractor provides infimnation to
establish that the sub:ontraet,rr has nut knowingly employed or contracted w:th an illegal
alien. Contract I'rulessional shall comply with reasonable requests made in the course of
an in\cstigation. undertaken pursuant to t'.K.S. ` -17.5-iO2(5), by the Colorado
l)epa::ment oi Labor and Employment. II Contract Professional participates in the State of
('olouado program, ( antract Protessi,nnal shall. w ithin twentti days alter hiring an new
employee to perform work wider the contract. atlitm that Contract Professional has
examined the legal work status of such employee. retained file copies of the documents.
and not altered or falsi lied the identification documents tar such employees. Contract
Professional .hall deliver to County.a written notarised affirmation that it has examined
the Ie:cal wor; status of such employee and shall comply with all of the other requirements
of the State or olor:tdo program. IfContract Professional finis to comply with any
requitement of this provision or of C.R.S. *h- 17.5-101 et seq., County, may terminate this
Agreement for breach. and if so terminated. Contract Professional shall he liable for
Except w here exempted by federal law and except as provided in C.K.S. * ?4-76.5-103(3).
if Contract Professional receiv es federal or state funds under the contract. Contract
Professional MUM confirm that any individual natural person eighteen ( IZ<) years at'a,ge or
older is law fulls present in the United States pursuant to C.R.S. * 24-76.5-103(4), if such
individual applies tom public benefits provided tinder the contract. lit'ontract Professional
operates as a sole proprietor. it hereby swears or affirms under penalty of perjury that it:
(a) is a citi /en of the :.'sited States or is otherwise law fully present in the United States
pursuant to federal lacy. (h) shall produce one of the fortis of identification required by
C.K.S. 24-."`n.S-101. ct seq.: and (c) shall produce one of the forms of identification
required by t .K.S. .'.4-76.5-It13 prior to the etlectixe date of the contract.
1t;hw,tt to flit ' 5 A i-i Revised
! ?. Contretor assures and certifies that it and its principals:
a Arc nut presently debarred. suspended. prolxa,cd fir debarment, and declared
ineligible or \ oluntariiv excluded from covered transactions by a federal
department or agency:
N. I la\ c not. \within a three-year period of preceding this Agreement, been convicted
of or had a et\ it judgment rendered against them for commission of fraud or a
eriiitinal offense ill 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 contntission tit cmbeiilement.
theft, :orgery. bribery. falsification or destruction of records. making false
staten,cuts, or recci\ lug stolen property;
Arc 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. Ifacc not within a three -wear proud preceding. this Agreement, had one or more
public transactions (federal, state. and local) terminated for cause or default.
1 y. In addition to terminating this .lgreement. in accordance with the provisions of the
attached AlpLenient, the County may exercise the following remedial actions County find
and determine that Contractor has substantially tailed to satis::' the si ope of work found in
the Agreement. any t xhihit, or the child specific addendum SS2?13. Substantial failure to
satisl\ the scope of Nkork shall be defined to mean incoiTect or improper acti\ ities or
inaction by. the Conti actor These remedial actions include, but are not limited to, any one
or 1nore of the following:
a. Withhold pay:neat to Contractor until the necessary services or corrections in
performance are satisfactorily completed.
b. Deny payment or recover reimbursement Ibr those services or deliverables which
ha\e ttot been performed and which due to circumstances caused by ('ontractor
cannot he performed or it' 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.
iZeco\ er from IOrin-actor any incorrect pay went to Contr'aetoi due to omission,
error, fraud, and or defalcation by deducting from subsequent payments under this
Agreement. of other agreements between County and Contractor, or as a debt to
t'otinty, or otlter\%ise as provided by law.
i't. It is eypressly unders:oud and agreed that the enforcement or the terms and conditions of
this Agreement. and all rights of action relating to such enforcement, shall be strictly
reser\ ed to the undersigned parties or their assignees. and nothing contained in this
Agreement shall give or allow any claim or right of action wl,atsoeyer by any other person
not included in this Agreement. It is the express intention of the undersigned parties that
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any entity other than the undersigned parties or their assignees recei\ ;ttg services or
benefits under this :agreement shall be an incidental beneficiary only.
0. \o portion ui this Agreement shall he deemed to constitute a \\at\er of any immunity.
including those pro\ ided by the Colorado ( iu\ ernlnental hnnntnity Act §§24-1 U-1 U 1 et seq..
as applicable .:ovv or hereafter amended. that the parties or their officers or employees may
possess. nor shall all\ portion of this Agreement he (.leeched to have created a duty of care
that did not p'e\ lentil:, exist \\ ith respect to airy person not a party to this Agreement. The
parties hereto acknoa ledge and agree that no part of this \greLment is intended to
circula\ ent of replace such immunities.
('ono ,ctor tips,!": promptly notify County in the e\ent in \\ inch It is a 1' ,rt\ defendant or
respondent in a case. w inch in\ o1\ es tier\ ices pro\ idea under the agrce►nent. The
Contractor. \ e (5) calendar days atter being served \\ ilb a summons. complaint.
or other pleading which has been filed in any federal or state court or administrative
agenc,, cr c(ppies of such document(,► to the ('ount., 1)trec?or. The term
"litigation" includes ;i:1 assignment for the benefit of creditors. and filings in bankniptc\,
reorgaui/ations and •o r Ibreclosure.
'.'.. Any amendments or modifications to this agreement shall be in writing signed by both
parties.
Financial obli,,'ations of the ('ounty payable after the current fiscal year are contingent
upon 'loads for that purpose being appropriated, budgeted and otherwise made available.
l'ixccution ot'!his Agreement C'ounty does not create an obligation on the part of
('ount% to e' rend funds not otherwise appropriated in each succeeding year.
: . C'ontr:i.•tor agrees tha: it is an independent Contractor and that C'ontractor's officers.
agent: ,1r e111pihyees \\ ill not become employees of County, nor entitled to any employee
benefits from t'minty as a result of the execution of this Agreement. ( ontractor shall
pertinnt its ►hates hereunder as an independent Contractor. C,+ntraetor shall be solely
responsible for its acts and those of its agents and employees liar all acts performed
pursuant to this :Agreement. Contractor. its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through t `aunty and County
shall not pay for or otherwise pro\ ide such coverage fiir Contractor or any of its agents or
emplo.. ces.
Count:, reser\ cs the right to require the Contractor to pro ide a certificate of insurance,
polic\. or other prow of insurance at its sole discretion.
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