HomeMy WebLinkAbout20191086.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES (CHILD SPECIFIC) AND
AUTHORIZE CHAIR TO SIGN - MAPLE STAR COLORADO
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, a hearing before the Board was held on the on 27th day of February, 2019,
at which time the Board deemed it advisable to continue an Agreement for Professional Services
(Child Specific), to March 13th, 2019, to allow the Department of Human Services adequate time
to obtain funding through Medicaid, and
WHEREAS, at said hearing on March 13, 2019, the Board was presented with an
Agreement for Professional Services (Child Specific), 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 Maple Star Colorado, commencing December 3, 2018, and
ending November 30, 2019, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 for Professional Services (Child Specific) 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 Maple Star Colorado, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2019-1086
HR0090
RE: AGREEMENT FOR PROFESSIONAL SERVICES (CHILD SPECIFIC) - MAPLE STAR
COLORADO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2019, nunc pro tunc December 3, 2018.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ddtiffiv je&o:
Weld County Clerk to the Board
ounty Attorney
Date of signature: 3-1°1-1a
WELD COUNTY, COLORADO
ar__b^^ara��Kirkmey r Chair
Mike Freeman, Pro -Tern
2019-1086
H R0090
Nifor(ko \t4as-ta_
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: December 26, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Agreement for Professional Services with Pat4 wa -iba Maple
Star Colorado
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 Departments' Agreement for Professional Services with Pathways, dba
Maple Star Colorado. This case specific agreement is for a difficulty of care case funded through Child
Welfare Case Services, which are not covered by Medicaid. The difficulty of care service includes: G -Tube
feeding, respiratory monitoring and care, medication administration and monitoring, and 24hr nursing. The term
of the agreement is December 3, 2018 — December 2, 2019. The major provisions of the Agreement are as
follows:
CMS
ID
Term
Service/Funding
Rate
2342
12/3/2018 — 12/2/2019
Pre -placement training & Difficulty of care /
Child Welfare Case Services
• Max for pre -placement
$549.66
• Max for difficulty of
care $2,015.93 / month
I do not recommend a Work Session. I recommend approval of this Agreement.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Approve Schedule
Recommendation Work Session
Barbara Kirkmeyer, Pro-Tem Y‘`,
Steve Moreno, Chair ki;.'
Other/Comments:
2019-1086
Pass -Around Memorandum; December 26, 2018 — CMS #2342
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WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND MAPLE STAR COLORADO
CHILD SPECIFIC AGREEMENT
THIS AGREEMENT is made and entered into this day of\i 2019, by and between
the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter
referred to as "County," and Maple Star Colorado, who whose address is 2250 S. Oneida Street, Suite 200,
Denver, CO 80224, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contract Professional as an independent Contract
Professional to perform services as more particularly set forth below; and
WHEREAS, Contract Professional has the ability, qualifications, and time available to timely
perform the services, and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has
the time, skill, expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in
Exhibit A and Exhibit B which form an integral part of this Agreement. Exhibit A and Exhibit B are
specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for
the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform
and complete the Project described in Exhibit A.
3. Term. The term of this Agreement begins December 3, 2018, and shall continue through, November 30,
2019. This contract may be extended annually upon written agreement of both parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount set forth in
Exhibit B, Rate Schedule. County will not withhold any taxes from monies paid to the Contractor hereunder
and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related
to payments made pursuant to the terms of this Agreement.
7. Independent Contractor. 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
O0(q-t0 C
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.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be
withheld in County's sole discretion.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work
order shall become or remain (as applicable), the property of County.
10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information.
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other
person or entity without seeking written permission from the County. Contractor agrees to advise its
employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this agreement.
11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed
in a manner consistent with the standards governing such services and the provisions of this Agreement.
Contractor further represents and warrants that all services shall be performed by qualified personnel in a
professional and workmanlike manner, consistent with industry standards, and that all services will conform
to applicable specifications.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute
or be construed to be a waiver by County of any breach of this Agreement or default which may then exist
on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile
liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said
automobile liability insurance shall be provided to County prior to the performance of any services under
this Agreement. Professional Liability (Errors and Omissions Liability) The policy shall cover
professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this
contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or
omissions, including design errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services. In the event that the professional
liability insurance required by this Contract is written on a claims -made basis, Contract Professional
warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that
either continuous coverage will be maintained or an extended discovery period will be exercised for a period
of two (2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or
character arising out of the work done in fulfillment of the terms of this Contract or on account of any act,
claim or amount arising or recovered under workers' compensation law or arising out of the failure of the
Contractor to conform to any statutes, ordinances, regulation, law or court decree.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
16. Interruptions. 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.
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
20. Fund Availability. 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.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement state that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.
22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
24. No Third Party Beneficiary. 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 and nothing 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
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undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of
any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify
Weld county of the most recent employment for a PERA contributing employer.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor 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). Contractor 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 Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Contractor 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
Contractor obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and
County within three (3) days that Contractor 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. Contractor 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. Contractor 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 Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work
under the contract, affirm that Contractor 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. Contractor 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 Contractor 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, Contractor 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 Contractor
receives federal or state funds under the contract, Contractor 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 Contractor
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
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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.
29. Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached Exhibit A is the complete and exclusive statement of agreement between the parties and supersedes
all proposals or prior agreements, oral or written, and any other communications between the parties relating
to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
COUNTY:
ATTEST: d4etifw%),gi
Weld County Clerk to the Board WELD COUNTY, CO • RADO
By:
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
o the Board f S &.47) S Barbara Kirkme er, Chai
,R I 2019
5
ONTRACTOR:
Maple Star Colorado 2250 S.
Oneida Street, Suite 200 Denver,
CO 80224
(303) 433-1975
Meat ei-tilowwif
By: Heather Morris (Jan 8, 2019)
Heather Morris, Executive Director
Date: Jan 8, 2019
9019- l0 Co
EXHIBIT A
SCOPE OF SERVICES
1. Contractor will provide Pre -Placement Training and Difficulty of Care Services to the
client identified by the Department (Trails Case ID 1880840). Services under this
Agreement will include:
a. Pre -Placement Training:
i. Hospital training required [but is not limited to] the following:
1. Trach and ventilator dependent training to ensure specific
knowledge on how to check, monitor, clean, suction, identify and
clean any secretion build up related to ventilator specific needs for
24/7 all day care to prevent the trachea from getting clogged with
mucous which could cause choking and/or fatality.
2. Gastrointestinal Tube (G -tube) dependent training to ensure
specific knowledge on how to feed and administer medications.
3. Identifying signs of brain shunt failure, and necessary steps
required when seeking immediate care.
4. Learning and experience related to additional, individual, and
specific hourly care needs.
5. Car/Transportation Requirements:
a. Adaptive car seat training if determined necessary from
car -seat test.
b. Training/education on ensuring and administering
humidification requirements/needs during car rides.
c. Ensuring knowledge and experience on how to monitor and
ensure child is getting enough air by assuring trachea is not
clogged and vent is working during car rides while in the
back seat with the identified client.
b. Difficulty of Care Services, to include but not limited to:
i. G -Tube Feeding
1. Every three (3) hours, seven (7) times per day; gravity and pump
feeds, and dressing changes. Determine and assess feeding type
needed, using appropriate adaptors and tube replacements.
2. Flush/clean G -Tube after every feeding.
3. G -Tube replaced/changed out every 3 months
ii. Respiratory monitoring and care to determine changes in effort to breathe,
whether an increase in oxygen is needed, and if client has any changes or
increases in secretions
1. Ventilator care and oxygen.
2. Tracheotomy care.
3. Airway clearance two (2) times per day with nebulizer and
medication.
iii. Pulmonary hypertension - medication administration and monitoring.
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iv. Twenty-four (24) hour nursing. Contractor will have a fully awake and
fully -trained caregiver with the client at all times.
v. Discharge with 16 medications needing to be administered appropriately.
2. Contractor will identify in detail areas of continued concern and make recommendations
to the Department regarding continuation of services and/or the need for additional
services.
3. Contractor will document in detail any and all observed or verbalized concerns regarding
any child whom the Contractor is working with under an active referral. Areas of
concern may include, but are not limited to, any physical, emotional, educational or
behavioral issues. Areas of concern should be reported immediately AND on the
required monthly report.
4. Contractor will submit reports on a monthly basis for each active referral for ongoing
services. Reports will be submitted per the online format required by the Department,
unless otherwise directed by the Department.
5. Contractor agrees any change to an existing referral must be pre -approved through the
Child Welfare Contract and Services Coordinator, a Department -facilitated Team
Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change
is defined as anything outside of the approved documented service on the initial
authorized referral form. This may include an increase or decrease in services hours,
change in frequency, change in location of services, transportation needs, or any change
to the initial referral or subsequent authorizations.
6. Contractor agrees to attend meetings when available and as requested by the Department.
Such meetings include Court Facilitations, Court Staffings, Family Team Meetings
and/or Team Decision Making meetings. Contractor may participate by phone, if
approved by the Department.
7. Contractor will notify the Quality Assurance Team Supervisor (hainlejd@weldgov.com,
970-400-6210) of new staff who will manage and/or administer the services with the
following information:
a. Staff member name and contact information
b. Education level/degree (if applicable)
c. Licensure/credentials (if applicable)
d. Department of Regulatory Authority (DORA) number (if applicable)
e. Supervisor name and contact information
The Department reserves the right to decline the new staff members managing and/or
administering services to Department clients.
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EXHIBIT B
RATE SCHEDULE
1. Funding and Method of Payment
The Department agrees to reimburse the Contractor in consideration of the work and
services performed under this Agreement at the rate specific in Paragraph 2, below. The
total amount to be paid to the Contractor during the term of this Agreement shall be
reported by the Department after November 30, 2019.
Expenses incurred by the Contractor prior to the term of this Agreement are not eligible
Department expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Agreement, whether in whole or in part, is subject to and
contingent upon the continuing availability of said funds for the purposes hereof. In the
event that said funds, or any part thereof, become unavailable as determined by the
Department, the Department may immediately terminate the Agreement or amend it
accordingly.
2. Fees for Services
$21.68/Day (Pre -Placement Training. Sixteen days total for eight (8) hours per day at
$2.71 per hour.)
$101.39/Day (Pre -Placement Training - additional hospital training. Twenty-four hours
individual training per foster parent for a total of 48 hours (2 days @ $101.39 per day for
a total of $202.78).
$65.03/Day (Difficulty of Care Services.)
3. Submittal of Vouchers
Contractor shall prepare and submit monthly a Request for Reimbursement, Client
Verification Form, other supporting documentation, and monthly report if applicable,
certifying that services authorized were provided on the date(s) indicated and the charges
were made pursuant to the terms and conditions of Paragraph 6 and Exhibit A.
Contractor shall submit all Requests for Reimbursement and supporting documentation to
the Department by the 71h day of the month following the month of service, but no later
than 60 days from the date of service. Requests for Reimbursement and/or supporting
documentation received after 60 days from the date of service may result in delay or
forfeiture of payment. Consistent failure to meet the 60 -day deadline may result in
termination of the Agreement.
For ongoing services, proof of services rendered shall be a Client Verification Form
signed by the client and a monthly report submitted in accordance with Paragraph 3(d) of
this Agreement.
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For one-time services, proof of services rendered shall be receipt of a Client Verification
Form and the completed product.
For Monitored Sobriety services, proof of services rendered shall be the test result.
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