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HomeMy WebLinkAbout20182873.tiffRESOLUTION RE: APPROVE FOUR (4) STANDARD FORMS OF AGREEMENTS AND RATES FOR VARIOUS OUT -OF -HOME PLACEMENT SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS ON ATTACHED LISTS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT WITH SAID FORMS 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 four (4) Standard Forms of Agreements for Various Out -of -Home Placement Services and Rates between the Weld County Department of Human Services and various providers as shown on the attached provider lists, and 1. Individual Provider Contract for Purchase of Foster Care Services in a Foster Care Home 2. Exhibit to SS23A - Additional Provisions for Purchase of Residential Child Care Facility Services 3. Exhibit to SS23A - Additional Provisions for Purchase of Child Placement Agency Services 4. Exhibit to SS23A - Additional Provisions for Purchase of Group Home/Group Center Care Services WHEREAS, after review, the Board deems it advisable to approve the four (4) Standard Forms of Agreements and Rates for Various Out -of -Home Placement Services, copies of which are attached hereto and incorporated herein by reference, and to delegate standing authority to the Chair of the Board of County Commissioners to execute individual agreements between the Department of Human Services and the individuals identified on the attached provider lists. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that these standard forms and rates between the Weld County Department of Human Services and various providers be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any agreements consistent with said forms. cc : Hsp (a -(5r) Iv- It- lS 2018-2873 HR0089 APPROVE FOUR (4) STANDARD FORMS OF AGREEMENTS AND RATES FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was. on motion duly made and seconded. adopted by the following vote on the 10th day of September. A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: dithA) Weld County Clerk to the Board BY Steve Moreno. Chair EXCUSED Barbara Kirkmeyer. Pro-Tem uty Clerk to the Boar• r , EXCUSED APPROVED AS ounty Attorney Date of signature: 101(-1 ( l A\Eu can P. Conway s A. Cozad Mike Freeman 2018-2873 HR0089 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: September 4, 2018 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Child Welfare SFY 2018-19 Out -of -Home (OOH) Placement Templates, Vendors and Rates 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 Child Welfare SFY 2018-19 Out -of -Home (OOH) Placement Vendors, Templates and Rates (Attached). In June 2018, the BOCC approved the initial out -of -home (OOH) SFY 2018-19 templates, proposed rates and vendor list, identified as 2018-1952, based on information received in March 2018 from the Joint Budget Committee. We requested approval for a 1% rate increase over the previous years' rates, because at that time, SB 18-254 provided for an increase in provider reimbursement rates, but the Department had not been notified of the actual amount. On August 29, 2018, the Department received Information Memorandum IM-CW-2018-0044, which contained the final provider rate information for SFY 2018-19. The Department is now seeking approval of the new rates for all OOH providers. Attached are the updated agreement templates and vendor lists with updated rates, reflecting the newly established State base anchor rate or grandfathered rates. These updated templates have been reviewed by Assistant County Attorney, Karin McDougal, and have been approved for our use for the SFY 2018-2019 contract year, at which time individual vendor contracts will be submitted through the CMS process. The updated forms are as follows: • Individual Provider Contract with Updated Exhibit A to the CWS-7A • Exhibit A to the SS23A for the Purchase of Child Placement Agency Services • Exhibit A to the SS23A for the Purchase of Group Home/Group Center Care Services • Exhibit A to the SS23A for the Purchase of Residential Child Care Facility Services Pass -Around Memorandum; September 4, 2018 — Not in CMS Page 1 2018-2873 PRIVILEGED AND CONFIDENTIAL I do not recommend a Work Session. I recommend approval of the WY 2018-19 templates, State determined base anchor rates or grandfathered rates, and vendors. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Approve Schedule Recommendation Work Session mf Other/Comments: Pass -Around Memorandum; September 4, 2018 — Not in CMS Page 2 COLORADO I Office of Children, I Youth & Families Department of Human Services INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME 1. THIS CONTRACT AND AGREEMENT, made this date, by and between the Weld County Department of Human Services, P. O. Box A, Greeley, CO 80632, hereinafter called "County Department" and «Agency», «Agency_Mailing_Address», «Agency_City_State_Zip», hereinafter called "Provider". 2. This Contract and Agreement shall be effective from July 1, 2018 and continue in force until June 30, 2019 or until the facility certificate is revoked or surrendered. This contract and agreement may be renewed at any time during the term of the valid facility certificate. This contract and agreement is in lieu of and supersedes all prior purchase contracts between the parties hereto and relating to the services herein described. 3. The Provider holds a valid certificateas a: n Foster Care Home or n Kinship Foster Care Home (check applicable blank). Such certification standards shall be maintained during the term hereof. The provider has read and is fully familiar with the "Rules Regulating Foster Care Homes" issued by the Colorado Department of Human Services. 4. The County Department may but shall not be obligated to purchase foster care home services. The County Department or any duly authorized agent may request such services to be provided to any child or youth at any time within the limits of the certificate and without prior notice. At such time or as soon as possible after the acceptance of a child or youth for services, the County Department and the Provider shall verify foster care placement of each child or youth in writing on the required form, which shall become an addendum to this contract, subject to all the terms and conditions hereof. 5. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A and Addendum 1 and 2, which form integral parts of this Agreement. Exhibit A and Addendum 1 and 2 are specifically incorporated herein by this reference. The Provider agrees: 1. To furnish foster care services to eligible children and youth at the established rate based on the individual child or youth rates negotiated between the county department and the provider; 2. To safely provide the 24 -hour physical care and supervision of each child or youth until removed or until the agreement is renewed; 3. To accept a child or youth, only with the approval of the certifying agency; 4. To cooperate fully with the County Department or its representatives, and participate in the development of the Family Service Plans -for a child or youth in placement, including visits with their parents, siblings, relatives, or to transition to another foster care facility; 5. To maintain approved standards of care as set by the Colorado Department of Human Services; 6. To maintain the confidentiality of information shared about the child or youth and his/her family; 7. Not to accept money from parents or guardians; 8. Not to make any independent agreement with parents or guardians; 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.cotorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 1876_, 9. Not to release the child or youth to anyone without prior authorization from the County Department; 10. To allow representatives of the County Department to visit the foster care home and to meet with the child or youth at any reasonable time, including scheduled and unscheduled visits; and, 11. To give the County Department a 30 -day notice, except in an emergency, to remove a child or youth for placement elsewhere, and to work with the County Department as requested to prepare the child or youth for another placement. 12. To provide transportation to the child or youth. The amount of transportation to be provided will be agreed upon at placement and may be changed upon mutual agreement of the provider and the County Department, as recorded in the Family Service Plan. Transportation must be provided or arranged: a. For professional services and/or for school attendance when necessary; and, b. For children or youth to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. 13. To report promptly to the County Department: a. Any unplanned absence of the child or youth from provider's care; b. Any major illness of the child or youth; c. Any serious injury to the child or youth; d. Any significant change in the sleeping arrangement for the child or youth; e. Any contemplated change of address or change of household members; f. Any conflict the child or youth may have with law enforcement, school/school district staff, or other persons in authority; g. Any emergency; h. Any pertinent discussion with parents or guardians about the child or youth or supervising agency; and, i. Any information received regarding a change of address of the parents or guardians. 14. To comply with the Civil Rights Act of 1964, Section 504, Rehabilitation Act of 1973, and the ADA of 1990, concerning discrimination on the basis of race, color, sex, age, sexual orientation, expression, or identity, religion, political beliefs, national origin, or handicapping condition. 15. To complete pre -service training prior to the placement of a child or youth. 16. To annually: a. Update the Training Development Plan with the County Department; b. Complete ongoing, quality, and relevant training that will build competencies to meet the needs of the children and youth served in the foster care home as required by the Colorado Department of Human Services regulations; and, c. Obtain certification to use and apply the reasonable and prudent parent standard for each child or youth served in the foster care home. 17. To attend semi-annual Administrative Reviews for a child or youth in placement. 18. To be knowledgeable of, and comply with the "Rules Regulating Foster Care Homes" and the "General Rules for Child Care Facilities; 19. Not to enter into any subordinate subcontract hereunder; 20. To keep required and necessary records for audit/review purposes by state and federal personnel. These records shall document the type of care and dates that care is provided for each child or youth. In addition, medical, educational, and progress summary records shall be maintained for each child or youth as required pursuant to the Colorado Department of Human Services' Rules Regulating Family Foster Care Homes. 21. To complete or schedule a medical examination for the child or youth within 14 days after initial placement and a dental examination within eight weeks of initial placement; 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 2 The County Department agrees: 1. To share all available information about the child or youth, including relevant social, medical and educational history, behavior problems, court involvement, parental, sibling and relative visitation plans, and other specific characteristics of the child or youth, with the provider before placement and to share additional information when obtained while the child or youth is in placement. 2. To inform the provider of expectations regarding the care of the child or youth, such as meeting medical needs, visitation, special psychological needs, trauma and other grief/loss issues, and the child's or youth's identification with his/her family; 3. To give the provider the written admission record of the child or youth to the foster care home at the time of placement; 4. To give the provider a written procedure or authorization for obtaining medical care for the child or youth; 5. To involve the provider in family service planning for the child or youth as a member of treatment team; 6. To give the provider a copy of the Family Service Plan, as it pertains to their expectations for meeting the needs of the child or youth in the foster care home, at the time of placement or when it is completed following placement; 7. To give at least a 30 -day notice of plans to remove a child or youth from the foster care home. The 30 -day notice may be waived by mutual consent to allow and permit immediate removal of a child or youth for placement elsewhere, or without such waiver in the event of an emergency. An emergency is defined as any situation in which a provider's inability to provide services threatens the health, safety or welfare of a child or youth. 8. To pay the provider at the rates established by the Colorado Department of Human Services or as authorized and negotiated between the provider and the County Department: a. Payment shall be made by electronic banking transfers (EBT) drawn by the duly authorized county officer; and, b. Provider shall notify the County Department of any payment or billing dispute within 60 days of the month when service was provided. Failure to do so will result in forfeiture of the payment. The Provider understands that, pursuant to the Colorado Department of Human Services' Rules for the General Reimbursement for Child Welfare Services, when reimbursement is warranted current and (2) preceding months. 9. To provide or arrange through statewide contracted training, a minimum of twelve hours of core pre -service training for foster care homes and 15 hours of pre -service training directed at the needs of the child or youth to be served in the foster care home. 10. To annually complete the following: a. Update the Training Development Plan with the provider; b. Provide or make available quality and relevant training for each foster parent that will build competencies to meet the needs of the children and youth served in the foster care home; c. Provide training that prepares each foster parent to use and apply the reasonable and prudent parent standard; and, d. Pursuant to the Colorado Department of Human Services' Rules Regulating Family Foster Care Homes, document that the provider is trained in, and can use and apply the reasonable and prudent parent standard for each child or youth placed in the foster care home. 11. The County Department is responsible for providing information on county specific procedures. 12. To invite the provider to Administrative Reviews for each child or youth in placement. 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 3 13. To incorporate provider information in planning for the child or youth placed in the foster care home. 14. To assure that the service described herein has been accomplished and a record made thereof on a case by case basis. 15. To provide notice of court hearings for each child or youth placed in the foster care home. County Department (typeor print) Signature Date WHEREFORE, the parties have herein set their hands and affixed their seals the day and date first written above. COUNTY; ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Steve Moreno, Chair PROVIDER: Provider (type or print) Signature Date Provider (type or print) Signature Date 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5536 www.colorado.gov/cdhs John W. Hickenlooper, Governor I Reggie Bicha, Executive Director 4 j;)(j-IIBIT A to the CWS-7A Additional Provisions for the Agreement to Purchase Foster Care Services and Foster Care Facility Agreement CWS-7A The following additional provisions in this Exhibit A, and Addendum 1 and Addendum 2, apply to the agreement entitled, "Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility Agreement," by and between the Weld County Department of Human Services, hereinafter referred to as, "County," and «Agency», hereinafter referred to as, "Provider." GENERAL PROVISIONS 1. Each party shall have the right to terminate this Agreement by giving the other party written notice received at least thirty (30) days prior to the intended date of termination. If notice is so given, this Agreement shall terminate upon the expiration of thirty (30) days, or until the eligible child(ren) may be placed elsewhere, whichever occurs first, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease; however, the parties shall not be released from the duty to perform their obligations up to the date of termination. This provision does not affect removal of a child in an emergencysituation. 2. Provider agrees that Provider is an independent contractor and that neither Provider nor Provider's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Provider shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Provider will not become an employee of County, nor is Provider entitled to any employee benefits from County as a result of the execution of this Agreement. Provider shall be solely and entirely responsible for its acts or of any agent, employee, servants and sub -Providers during the performance of this Agreement. 3. Payment pursuant to this Agreement, if in State of Colorado, county, or federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of State of Colorado, county, and federal funds for the purpose thereof. 4. This Amendment is intended to be applied in conjunction with attached Agreement and the Needs Based Care Addendum as the complete integration of all understandings between theparties. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied as a part of this written Agreement. This section shall not be construed as prohibiting the periodic amending of this Agreement or the Needs Based Care Addendum in writing, if agreed to by both parties. The Agreement, this Exhibit A and the Needs Based Care Addendum are intended to be in lieu of and supersede all prior agreements between the parties hereto and relating to the care and services herein described. 5. The State of Colorado Department of Human Services and the County shall be and hereby is permitted to monitor the service program, fiscal and other records sufficiently to assure the purchase of services in this Agreement are carried out for the benefit of the aforementioned child or youth. Monitoring may occur through review of program reports, on -site visits where applicable and other Agreements as deemed necessary. Provider understands that the State Department and the County may provide consultation to Provider to assure satisfactory performance in the provision of purchased services under thisAgreement. 6. County shall have access to Provider's service program, financial and other records, which will sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final paymenthereunder. 7. Time is of the essence in each and all of the provisions of this Agreement. Exhibit A to the CWS-7A 5 Revised 5/2018 8. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 9. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated in this Agreement. 10. This Agreement is nonexclusive and County may engage or use other Providers or persons to perform services of the same or similar nature. 11. Provider certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Provider will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a sub -contractor that fails to certify with Provider that the sub -contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Provider shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Provider obtains actual knowledge that a sub -contractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Provider shall notify the sub -contractor and County within three (3) days that Provider has actual knowledge that a sub -contractor is employing or contracting with an illegal alien and shall terminate the subcontract if a sub -contractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Provider shall not terminate the contract if within three days the sub -contractor provides information to establish that the sub -contractor has not knowingly employed or contracted with an illegal alien. Provider shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Provider participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Provider has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Provider shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Provider fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Provider shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5 103(3), if Provider receives federal or state funds under the contract, Provider must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Provider operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 12. Provider assures and certifies that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by a federal department or agency. Exhibit A to the CWS-7A 6 Revised 5/2018 B. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by agovernment entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (B) above. D. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause ordefault. 13. In addition to terminating this Agreement in accordance with the provisions herein, County may exercise the following remedial actions if the County finds and determines that the Provider has substantially failed to satisfy the duties found in this Agreement, Exhibit A or the Needs Based Care Addendum. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Provider. These remedial actions include, but are not limited to, any one or more of the following: A. Withhold payment to Provider until the necessary services or corrections in performance are satisfactorily completed. B. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by Provider cannot be performed or if performed would be of no value to County. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to County. C. Recover from Provider any incorrect payment to Provider due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement, or other agreements between County and Provider, or as a debt to County, or otherwise as provided by law. 14. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 15. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 16. Provider shall promptly notify County in the event in which it is a party defendant or respondent in a case, which involves services provided under the agreement. The Provider, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the County Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure. 17. This Agreement and the provision of services hereunder shall be subject to the laws ofColorado and be in accordance with the policies, procedures, and practices of County. Provider shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established. 18. Financial obligations of the County payable after the current fiscal year are contingent upon funds Exhibit A to the CWS-7A 7 Revised 5/2018 for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 19. County and Provider agree that a child specific Needs Based Care Assessment, designated as Addendum 1 shall be used to determine the Child Maintenance and Medical Needs, if applicable, for each child placed with Provider unless otherwise negotiated and approved by the County. 20. County agrees to purchase and Provider agrees to provide the care and services, which are listed in this Agreement, based on the Needs Based Care Assessment levels determined. The specific rate of payment will be paid for the Child Maintenance level of service, as indicated by the Needs Based Care Rate Table, designated as Addendum 2, for children placed within the Weld County Certified Foster Care Home identified as Provider ID# «Agency_ID». These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 21. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's temporary absence from a facility, including hospitalization. Bed hold requests must have prior written authorization from the Department Administrator before payment will be released to Provider. 22. Any additional costs for specialized services, which may include but are not limited to; Co -pays, deductibles, or services not covered by Medicaid, will need to be authorized, in writing by the Department Administrator, prior to the service being performed. Any payment for specialized services not authorized in writing may be denied. 23. All reimbursement requests shall: A. Be submitted in a format approved by the County. If submitted in an unapproved format or inadequate documentation is provided, the County reserves the right to deny payment. B. Be submitted by the 4th of each month following the month of service. If the reimbursement request is not submitted within twenty-five (25) calendar days ofthe month following service, it may result in forfeiture ofpayment. C. Placement service reimbursement shall be paid from the date of placement up to, but not including the day of discharge. D. Transportation reimbursement shall be for visitation purposes only. If medical transportation is needed, Provider will arrange reimbursement through Medicaid. Any other special requests for transportation reimbursement shall require prior approval by the Resource Manager or the DepartmentAdministrator. E. Clothing allowance reimbursement shall be approved and reimbursed as indicated on the clothing allowance form accessed through the Foster Parents Database On-line System (FIDOS). 24. It is agreed that if, after investigation, it is shown that reasonable care was given to guard and protect personal items brought to Provider by the children, Provider shall be released from responsibility for loss or damage to such personal items. PROVIDER SHALL: 1. Conform with and abide by all rules and regulations of the Colorado Department of Human Services, the Colorado Department of Health Care Policy and Financing (if appropriate), the State of Colorado and any applicable federal laws and regulations, as such, which may be amended from time to time, and shall be binding on Provider and control any disputes in this Agreement. 2. Not charge any fees to children or families of children referred by County for any services provided under this Agreement. 3. Not assign the obligations under this Agreement nor enter into any sub -Agreement without the Exhibit A to the CWS-7A 8 Revised 5/2018 express written approval of the Director of the County Department or his/her appointed designee. 4. Maintain at all times during the term of this Agreement a liability insurance policy of atleast $25,000 for property damage liability, $150,000 for injury and/or damage to any one person, and $500,000 for total injuries arising from any one accident. Provider shall provide a certificate of insurance provided by its insurer upon request by County. 5. Indemnify the County against any and loss against all claims and actions based upon or arising out of damage or injury, including death, to persons or property caused or sustained in connection with the performance of this Agreement or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions. 6. Attend or participate in Ice Breaker, Family Engagement or Team Decision making meetings, if requested by the Department. County staff shall notify the Provider of the dates and times attendance is requested. 7. Request a staffing if considering giving notice to remove a child, except in emergency situations. These requests shall be made through the child's caseworker and/or the Provider's FosterCare Coordinator. 8. Actively participate in achieving the child's permanency goal, cooperate with any contractors hired by the Weld County Department of Human Services to preserve placement in the least restrictive placement appropriate, comply with the treatment plan of the child, and attendcourt hearings as requested. 9. Have physical examinations completed within 14 days and dental examinations completed within 8 weeks of the child being placed with Provider. All documentation of these examinations will be placed in the foster child's placement binder. 10. Attend all necessary school meetings and support any plan that is developed regarding the child in order to promote educational success. 11. Immediately report to the County Department and/or local law enforcement any known or suspected child abuse or neglect as set forth in Section 19-3-304, C.R.S. 12. Maintain, access and review information weekly on FIDOS. 13. Maintain/update information in the foster child's binder. The binder will be reviewed on amonthly basis and signed off by child's caseworker and/or the Provider's Foster Care Coordinator. 14. Maintain/update medication logs on a daily basis, if child is taking medications. 15. Maintain behavior observation notes as required by the level of care assessed for each child. 16. Comply with all County and State certification requirements as set forth in the State Department rules, Staff Manual Volume VII and the Weld County Department of Human Services Policy and Procedure manual. Exhibit A to the CWS-7A 9 Revised 5/2018 ADDENDUM 1 Needs Based Care Assessment NBC (NEEDS Answers closest BASED CARE ASSESSMENT) to the following questions will determine the NBC Care Payment. For each question below please select the rating for this child. The following seven (7) questions are mutually exclusive. P1. How often does the child require transportation by the foster care provider for the following: Therapy; Medical Treatment; Family Visitation; Extraordinary Educational Needs; etc., as outlined in the treatment plan? Select One P2. How often is the foster care provider required to participate in child's therapy or counseling sessions? Select One P3. How much time is the provider required to intervene at home and/or at school with the child in conjunction with a regular or special education plan? Select One P4. How often does the child require special and extensive scheduling and monitoring of time and/or activities and/or involvement by the provider in Select One crisis management? P5. How much time is the provider required to assist the child beyond age appropriate needs with feeding, bathing, grooming, because of impairments physical, and/or Select One occupational therapy? Al. How often is CPA/County case management required? (Does not include therapy) **Please Note: The Case Management level may be assessed on a combined basis if a sibling group or more than one County foster child is with the same provider. Select One T1. How assessment? NBC (NEEDS often are therapy services needed to address child's individual needs per NBC Select One BASED CARE ASSESSMENT) — Behavioral Assessment Assessment Areas: Comment: Rating: ❑ Aggression/Cruelty to Animals Select One ❑ Verbal or Physical Threatening Select One ❑ Destructive of Property/Fire Setting Select One ❑ Stealing Select One ❑ Self -injurious Behavior Select One ❑ Substance Abuse Select One ❑ Presence of Psychiatric Symptoms/Conditions Select One ❑ Enuresis/Encopresis Select One ❑ Runaway Select One ❑ Sexual Offenses Select One ❑ Inappropriate Sexual Behavior Select One ❑ Disruptive Behavior Select One ❑ Delinquent Behavior Select One ❑ Depressive -like Behavior Select One ❑ Medical Needs - (If condition is rated "severe", please complete the Medically fragile NBC) Select One I Emancipation Select One ❑ Eating Problems Select One ❑ Boundary Issues Select One ❑ Requires Night Care Select One ❑ Education Select One L. Involvement with Child's Family Select One Addendum 1 10 Revised 5/2018 ADDENDUM 2 Needs Based Care Rate Table Weld County Department of Human Services (Effective 7/01/2018) LEVEL OF . SERVICE l 'CHILD MAINTENANCE RESPITE MEDICAL NEEDS Level . • Daily Rate Daily Rate _ Daily Rate • County Basic Maintenance Rate $35.70 $.66 1 $35.70 e $.66 $3.54 /2 $35.70 $.66 2 $35.70 $.66 $5.09 2 % $38.99 $.66 3 $42.28 $.66 $6.66 3 1/2 $45.57 L $.66 4 Congregate Care Drop Down $48.86 $.66 Negotiated Assessment/ Emergency Level Rate $35.70 7 $.66 Addendum 2 11 Revised 8/2018 WELD COUNTY FOSTER CARE PROVIDERS July 1, 2018 to June 30, 2019 Foster .; Facility Name Facility ID Facility Address Facility City State Zip - Facility Daily Rate.:. Kin 1 F Agone, Talia and Emore, Lansing 1694421 833 Columbine Drive Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate TablE 2 F Anderson, Lauren and Wayne 1717024 8137 22nd Street Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 3 F Bass, Kayci and Jonathan 1687306 2130 72nd Ave. Ct. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 4 F Bingley, Anja and Richard 1700655 418 30th Ave. Ct. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 5 K Bishop, Leilani 1694008 2620 9th Ave. Greeley, CO 80631 Dependant upon child needs - Refer to Needs Based Care Rate TablE 6 F Blank, Matthew and Emily 1669654 1251 Vail Ln. Longmont, CO 80503 Dependant upon child needs - Refer to Needs Based Care Rate TablE 7 F Braunagel, Karen 1714402 1775 Laurus Ln. Johnstown, CO 80534 Dependant upon child needs - Refer to Needs Based Care Rate TablE 8 F Brown, Rachel and Williford, Julie 1640956 7920 West 12th St. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 9 F Callaway, Christopher and Lisa 1655848 3204 39th Ave. Evans, CO 80620 Dependant upon child needs - Refer to Needs Based Care Rate TablE 10 K Carruth, Ashlee B. 1678635 3306 San Marco Ave. Evans, CO 80620 Dependant upon child needs - Refer to Needs Based Care Rate TablE 11 K Castaneda, Natalie and Freddy 1678403 6337 W. 28th St. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 12 F Davidson, Stacey A. 1694419 520 Marquiss Ct. Dacono, CO 80514 Dependant upon child needs - Refer to Needs Based Care Rate TablE 13 F Dennis, Esther and Grigsby, Michael 1687385 40818 Jade Drive Ault, CO 80610 Dependant upon child needs - Refer to Needs Based Care Rate TablE 14 F Dunn, James and Gari 1714413 413 Ash St. Kersey, CO 80644 Dependant upon child needs - Refer to Needs Based Care Rate TablE 15 F Easley, Allison and William Eric 1674424 488 Stonebrook Dr. Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate TablE 16 F Erickson, Joshuah and Tessa 1716237 2057 26th St. Rd. Greeley, CO 80631 Dependant upon child needs - Refer to Needs Based Care Rate TablE 17 F Garcia, Fernando and Aracely 1561879 3919 28th Ave. Evans, CO 80620 Dependant upon child needs - Refer to Needs Based Care Rate TablE 18 F Gillette, Michael and Alisyn 1716936 5527 Wilderness Loop Marysville, CA 95901 Dependant upon child needs - Refer to Needs Based Care Rate TablE 19 F Gomez, Maira and Ibarra, Eric 1707673 200 N. 35th Ave., #219 Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 20 F Haines, Ryan and Kara 1714134 2737 W. 14th St. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 21 K Haynes, Donna 1688399 2343 W. 11th St. Rd. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 22 F Heimer, Sara 1547292 3000 W. 19th St. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 23 K Hernandez, Keyano and Michael 1702702 5796 E. 129th PI. Thornton, CO 80602 Dependant upon child needs - Refer to Needs Based Care Rate TablE 24 F Hidalgo, Maribelle and Daniel 1717718 5025 W 22nd Steet Road Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 25 F Jeffery, Jamie 1708865 339 Valley Ave. Lochbuie, CO 80603 Dependant upon child needs - Refer to Needs Based Care Rate TablE 26 F ICPC Johnston, Loyd and Trisha 1685257 2817 E. Aloma Ct. Wichita, KS 67211 Dependant upon child needs - Refer to Needs Based Care Rate TablE 27 F ICPC Kidd, Roger and Michelle 1715791 15182 Oak Knoll Monroe, MI 48161 Dependant upon child needs - Refer to Needs Based Care Rate TablE 28 F Klaus, Dawn 1710929 348 Valley Ave. Lochbuie, CO 80603 Dependant upon child needs - Refer to Needs Based Care Rate TablE 29 F Korby, Stephanie and Trenton 1659973 3105 70th Ave. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 30 K Lechman, Pamela & Jay 1587465 5151 W. 29th St., Unit 2004 Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 31 F Lind, Patricia and Dalby, Katherine 1658999 1611 15th Ave. Greeley, CO 80631 Dependant upon child needs - Refer to Needs Based Care Rate TablE 32 F Long, Joshua and Jennifer 1712147 2548 Palmer Ave. Mead, CO 80542 Dependant upon child needs - Refer to Needs Based Care Rate TablE 33 F Long, Kiley and Cole, Andrew 1687316 1883 Sunset Circle Milliken, CO 80543 Dependant upon child needs - Refer to Needs Based Care Rate TablE 34 F Mann, Kristin and Russell 1674765 420 Bobcat Dr. Milliken, CO 80543 Dependant upon child needs - Refer to Needs Based Care Rate TablE 35 F Marin, Gilbert and Lazuick-Marin, Justine 1661206 25000 CR 69 Kersey, CO 80644 Dependant upon child needs - Refer to Needs Based Care Rate TablE 36 F Maronek, Dennis and Patricia 1520627 2929 56th Ave. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 37 F Martinez, Stacey and Jeremy 1649838 1149 Northview Dr. Erie, CO 80516 Dependant upon child needs - Refer to Needs Based Care Rate TablE 38 F Matzke, Michael and Sara 1716250 1949 Cataluna Dr. Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate TablE 39 F Menzel, Kathrina and Jared 1707638 6025 Lynx Creek Circle Frederick, CO 80530 Dependant upon child needs - Refer to Needs Based Care Rate TablE 40 F Moore, Jay and Candice 1692443 7075 19th St., Apt. 5 Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 41 K Olson, Stacey 1698259 1297 Midland Street Brighton, CO 80601 Dependant upon child needs - Refer to Needs Based Care Rate TablE WELD COUNTY FOSTER CARE PROVIDERS July 1, 2018 to June 30, 2019 Foster „ _ . • ,FaciIity'Narne - :Facility ID, .` Facility.Address; FacilityrCrty:5fate Zip ": ; , ' ,Facility Daily Rate . Kin 42 F Purtell, Nicole and Christopher 1708813 2391 Tate Ave. Ft. Lupton, CO 80620 Dependant upon child needs - Refer to Needs Based Care Rate Table 43 F Radi, Tera 1683320 501 28th Ave. Greeley, CO 80634 Dependant.upon child needs - Refer to Needs Based Care Rate Table 44 K Ritter, Thomas and Deborah 1554009 10151 Devonshire St. Firestone, CO 80504 Dependant upon child needs - Refer to Needs Based Care Rate Table 45 F Roderick, Douglas and Kelli 10994 3110 57th Ave. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 46 F Salazar, Clara and Michael 1663774 1269 49th Ave. Ct. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 47 F Sanchez, Tracy and Isidro 1687293 423 28th Ave. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 48 F Scheer, James L. and Elizabeth 1666078 37700 Co. Rd. 23 Severance, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate Table 49 F Schmelz, Pamela and Romero, Shane 1694423 411 Pinyon St. Frederick, CO 80530 Dependant upon child needs - Refer to Needs Based Care Rate Table 50 F Schmidt, Constance and Donald II 1511343 17900 CR 5 Berthoud, CO 80513 Dependant upon child needs - Refer to Needs Based Care Rate Table 51 F ICPC Schultz, Alisha 1698304 812 North 6th Street Manitowoc, WI 54220 Dependant upon child needs - Refer to Needs Based Care Rate Table 52 F Schulz, Lindsey 1665608 5121 W. 11th St., Apt. 409 Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 53 K Schumaker, Russel and Colleen 1713457 10428 Cherry Vale St. Firestone, CO 80504 Dependant upon child needs - Refer to Needs Based Care Rate Table 54 F Schweitzer, Shyanna and Nevin 1686185 1117 Alpine Ct. Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate Table 55 F Seader, Erin and Ryan 1694425 420 Cottonwood Ave. Eaton, CO 80615 Dependant upon child needs - Refer to Needs Based Care Rate Table 56 F Shenk, Christopher and Diaz, Xioma 1715961 709 Keensburg Ct. Ft. Collins, CO 80525 Dependant upon child needs - Refer to Needs Based Care Rate Table 57 F Smith, Elizabeth Ann and Sean Michael 1679422 2912 McIntosh Dr. Longmont, CO 80503 Dependant upon child needs - Refer to Needs Based Care Rate Table 58 F Tavita, Jacquelyn and Bruce 1680800 6906 23rd Street Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 59 F Taylor, Jeff and Silva, Alexander 1712176 4943 W. C Street Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate TablE 60 F Thaden-Fidjeland, Amanda 1676040 537 36th Ave. Ct. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 61 F Tucker, Tasha and Thomas 1702726 2317 44th Ave. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 62 F Ulrich, Ross and Kari 1629340 2381 Cedarwood Circle Lafayette, CO 80026 Dependant upon child needs - Refer to Needs Based Care Rate Table 63 F Van Den Elzen, Dawn 44282 5819 W. 16th St. Ln. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 64 F Vance, Morgan and Kindvall, Brandon 1703052 500 Campbell St. Kersey, CO 80644 Dependant upon child needs - Refer to Needs Based Care Rate Table 65 F Villa, Jacob and Kati 1712716 14 Rose Ct. Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate Table 66 F Visser, Ryan and Amanda 1673369 3212 68th Ave. Ct. Greelen., CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 67 F Walker, Kayla and Renae 1693525 37077 Northwest Dr. Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate Table 68 F Walker, Kurt and Jennifer 1546248 7681 Carlson Court Ft. Collins, CO 80524 Dependant upon child needs - Refer to Needs Based Care Rate Table 69 K WestHolmes, Liesl and Corey 1667110 2530 Sunstone Dr. Ft. Collins, CO 80525 Dependant upon child needs - Refer to Needs Based Care Rate Table 70 F Westra, Michael and Geneva 1696891 1460 Frontier Road Eaton, CO 80615 Dependant upon child needs - Refer to Needs Based Care Rate Table 71 F White, Kristen 1711814 1651 Kelmsley Ct. Windsor, CO 80550 Dependant upon child needs - Refer to Needs Based Care Rate Table 72 F Williams, Allison and Buddy 1687324 1202 42nd Ave. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 73 F Winterfeld, Rachel 1712735 1516 44th Ave. Ct. Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 74 F Wipf, Keith and Bethany 1706601 3266 Cramer Ave. Evans, CO 80620 Dependant upon child needs - Refer to Needs Based Care Rate Table 75 F Wright, Jon and Nicole 1639129 3919 W. 22nd Street Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table 76 F Wurtz, Drew and Workman-Wurtz, Kathryn 1633330 1901 15th Street Greeley, CO 80634 Dependant upon child needs - Refer to Needs Based Care Rate Table EXHIBIT to the SS23A Additional Provisions for the Agreement to Purchase Out -of -Home Placement Services SS23A For the Purchase of Residential Child Care Facility Services The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services," hereinafter referred to as, "County," and «Agency», hereinafter referred to as, "Contractor." 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this agreement for Facility ID# «Facility_ID» at the contractor's base anchor rate of $«Agency_Rate» per day, as outlined in the Colorado Department of Human Services Informational Memorandum IM-CW-2018-0040, unless for the 2018- 2019 fiscal year the Contractor and County have agreed to a previously negotiated higher rate based on the significant needs of a specific child. These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's temporary absence from a facility, including hospitalization. Bed hold requests must have prior written authorization from the Department Administrator before payment will be released to provider. Reimbursement rates for bed hold days may not exceed the state standard rate for administrative maintenance and administrative services or may be a reduced rate that is mutually agreed upon. 3. The services purchased under this Agreement as Child Maintenance, Administrative Maintenance and Services for Residential Child Care Facilities include, but are not limited to: Food, shelter, clothing, personal needs and allowance, administration, administrative overhead, support staff, support overhead, sleep -over staff, direct child care, transportation, therapeutic recreation, service delivery staff, parent training for teens, independent living training, mentor/advocate, supervised visitation and all other services as outlined in the Child Specific Addendum. The anticipated minimum percentage for each item is as follows and will be subject to County monitoring as outlined in Section VI of this contract: a. Food, including meals and snacks (25%). b. Clothing (3%). c. Shelter, including utilities and use of household furnishing and equipment and daily supervision, including those activities that a parent would normally carry out to assure protection, emotional support and care of the child (30%). d. Personal items and grooming care for the child, such as toothpaste, toothbrushes, soap, combs, haircuts, and other essentials (2%). Exhibit to the SS23A 12 Revised 8/2018 e. Other/miscellaneous items considered usual in the care and supervision of the child, include, but are not limited to, transportation, recreation and overhead (40%). 4. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished by the Contractor under this contract for facilities that provide sex offender treatment. 5. Contractor agrees to have appropriate personnel available to attend or participate in Family Engagement, Team Decision Making meetings or court hearings. Provider shall be notified by County staff of the dates and times attendance is requested. 6. Contractor agrees to cooperate with any vendors hired by the Weld County Department of Human Services to shorten the duration of placement. 7. Contractor agrees to have physical examinations scheduled within 14 days and dental examinations scheduled within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the County. 8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Student every 3 years and coordinate reviews every year. If the IEP is due while the child is in placement, the Contractor will complete or obtain a completed IEP. A copy will then be forwarded to the County. 9. Children in Residential Child Care Facilities and Child Placement Agencies are generally not eligible to receive clothing allowances as outlined in the Weld County Department of Human Services Policy and Procedure Manual. However, a one-time emergency clothing allowance may be approved in limited circumstances, with prior written authorization from County's Department Administrator required before payment will be released to provider. 10. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 11. Time is of the essence in each and all of the provisions of this Agreement. 12. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. Exhibit to the SS23A 13 Revised 8/2018 15. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Exhibit to the SS23A 14 Revised 8/2018 17. Contractor assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by a federal department or agency; b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (B) above; d. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 18. In addition to terminating this Agreement, in accordance with the provisions of the attached Agreement, the County may exercise the following remedial actions County find and determine that Contractor has substantially failed to satisfy the scope of work found in the Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions include, but are not limited to, any one or more of the following: a. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed. b. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by Contractor cannot be performed or if performed would be of no value to County. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to County. c. Recover from Contractor any incorrect payment to Contractor due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement, or other agreements between County and Contractor, or as a debt to County, or otherwise as provided by law. 19. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that Exhibit to the SS23A 15 Revised 8/2018 any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, that the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 21. Contractor shall promptly notify County in the event in which it is a party defendant or respondent in a case, which involves services provided under the agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the County Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure. 22. Any amendments or modifications to this agreement shall be in writing signed by both parties. 23. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 25. County reserves the right to require the Contractor to provide a certificate of insurance, policy, or other proof of insurance at its sole discretion. Exhibit to the SS23A 16 Revised 8/2018 RESIDENTIAL CHILD CARE FACILITY PROVIDERS July 1, 2018 to June 30, 2019 A-enc : ; Facili : ID = °Agenc �. Mailing Address `' A g enc 'City State Zip,_ Y tY Y Y tY p Faci i Daily Rat` e. Exhibit _ .."..- 1 Alternative Homes for Youth 2016 1110 M St. Greeley, CO 80631 . $218.97 A 2 Attention Homes Chase House 11679 1443 Spruce Street Boulder, CO 80301 $136.79 A 3 Avanti House 1695623 P. O. Box 1938 Broomfield, CO 80023 $155.94 A 4 Dale House Project 24 1502911 24 E. Dale St. Colorado Springs, CO 80903 $118.91 A 5 Dale House Project 802 1502990 802 N. Tejon St. Colorado Springs, CO 80903 $118.91 B 6 Denver Children's Home 49551 1501 Albion Street Denver, CO 80220 $218.97 A 7 Devereux Cleo Wallace 39794 8405 Church Ranch Blvd. Westminster, CO 80021 $218.97 A 8 Families First Children's Treatment Center 57632 2163 S. Yosemite St. Denver, CO 80231 $162.42 A 9 Griffith Centers for Children Inc. 39212 1724 Gilpin Street Denver, CO 80218 $218.97 C 10 Hilltop Residential Youth Services 96474 1331 Hermosa Ave. Grand Junction, CO 81506 $188.27 A 11 Jefferson Hills Aurora 12284 421 Zang St. Lakewood, CO 80228 $218.97 A 12 Jefferson Hills Lakewood 88459 421 Zang St. Lakewood, CO 80228 $218.97 B 13 Midway Youth Services, Inc. 44002 729 Remington Fort Collins, CO 80524 $155.19 A 14 Mount St. Vincent Home 45174 4159 Lowell Blvd. Denver, CO 80211 $218.97 A 15 Roundup Fellowship III 45211 3443 South Galena St., Suite 310 Denver, CO 80231 $89.75 A 16 Roundup Fellowship V 45212 3443 South Galena St., Suite 310 Denver, CO 80231 $94.78 B 17 Savio House 48170 325 King St. Denver, CO 80219 $218.97 F 18 Shiloh House -- Estes 20335 6588 W. Ottawa Ave. Littleton, CO 80128 $218.97 A 19 Shiloh House -- Portland 54169 6588 W. Ottawa Ave. Littleton, CO 80128 $218.97 B 20 Shiloh House -- Yarrow 70967 6588 W. Ottawa Ave. Littleton, CO 80128 $218.97 C 21 Shiloh House -- Adams Campus 1528492 6588 W. Ottawa Ave. Littleton, CO 80128 $218.97 D 22 Shiloh House -- Longmont 1539982 6588 W. Ottawa Ave. Littleton, CO 80128 $218.97 E 23 Shiloh House for Youth -- Thornton 1588986 6588 W. Ottawa Ave. Littleton, CO 80128 $218.97 F 24 Serenity Children's Home - Smith Agency Inc. 96482 15001 E. Tufts Place Aurora, CO 80014 $162.42 B 25 Serenity II Children's Home - Smith Agency Inc. 6566 14364 E. Evans Ave. Aurora, CO 80014 $162.42 C 26 Southern Peaks Regional Treatment Center 1526789 700 Four Mile Parkway Canon City, CO 81212 $218.97 A 27 Springbrook Behavioral Health 1714091 1 Havenwood Lane Travelers Rest, SC 29690 $589.50 RESIDENTIAL CHILD CARE FACILITY PROVIDERS July 1, 2018 to June 30, 2019 Agency .: Facility' ID Agency'Mailing Address A t � y � �ency:City State Zip . Facility • . Exhibit Exhibit Deily Rate 28 Tennyson Center for Children 1529814 2950 Tennyson St. Denver, CO 80212-3029 $218.97 A 29 Third Way Center -- York 49487 P. O. Box 61385 Denver, CO 80206 $218.97 A 30 Third Way Center -- Pontiac 65346 P. O. Box 61385 Denver, CO 80206 $218.97 B 31 Third Way Center -- Lincoln 77810 P. O. Box 61385 Denver, CO 80206 $218.97 C 32 Third Way Center -- Bannock 1507881 P. O. Box 61385 Denver, CO 80206 $218.97 D 33 Third Way Center -- Lowry 1547437 P. O. Box 61385 Denver, CO 80206 $218.97 E 34 Turning Point Center for Youth -- Matthews 45179 1644 South College Ave. Fort Collins, CO 80525 $218.97 A 35 Turning Point Center for Youth -- Prospect 1616504 1644 South College Ave. Fort Collins, CO 80525 $218.97 B EXHIBIT A to the SS23A Additional Provisions for the Agreement to Purchase Out -of -Home Placement Services SS23A For the Purchase of Child Placement Agency 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 «Agency», hereinafter referred to as, "Contractor." 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this agreement at the Contractor's base anchor rate of $«Agency_Rate» per day, as outlined in the Colorado Department of Human Services Informational Memorandum, IM-CW-2018-0040, unless for the 2018-2019 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, including hospitalization. Bed hold requests must have prior written authorization from County's Department Administrator before payment will be released 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 Contractor shall complete or obtain a completed IEP. A copy will then be forwarded to the County. Exhibit to the SS23A 1 Revised 8/2018 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 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. Exhibit to the SS23A 2 Revised 8/2018 Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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; 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. Exhibit to the SS23A 3 Revised 8/2018 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 underthis 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 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. Exhibit to the SS23A 4 Revised 8/2018 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 5 Revised 8/2018 CPA Foster Care Providers July 1, 2018 to June 30, 2019 Facility Name-: ; _ I _- Facility lb 4 _ V.:. . . ,; Fauhty.Mailmg-Address',: -., -: * a Ci I iti,k City State'Zip .A -Facility: D`aily.Ratel .Exhibit 1 A New World 1621990 15200 E. Girard Ave. Aurora, CO 80014 $69.66 A 2 Adoption Options 45078 1355 S. Colorado Blvd., Suite 501 Denver, CO 80222 $69.66 A 3 Ariel Clinical Services 90205 4660 Wadsworth Blvd. Wheat Ridge, CO 80033 $72.61 A 4 Bethany Christian Services 45514 3000 S. Race St. Denver, CO 80210 $69.66 A 5 CGL-CPA, LLC 1615382 1420 Kenton Street Aurora, CO 80010 $103.25 A 6 Denver Area Youth Services 45069 1530 W. 13th Ave. Denver, CO 80204 $93.42 A 7 Dungarvin Colorado LLC 1547661 4704 Harlan St., Suite 550 Denver, CO 80212 $73.16 A 8 Family Resource Network 1508602 5360 N. Academy Blvd., Suite 130 Colorado Springs, CO 80918 $70.38 A 9 Griffith Centeres for Children, Inc. 1510565 17 N. Farragut Colorado Springs, CO 80909 $69.66 A 10 Hope & Home 29867 4945 N. 30th Street, Suite 300 Colorado Springs, CO 80919-3152 $69.66 A 11 Kids Crossing 79752 1440 E. Fountain Blvd. Colorado Springs, CO 80910-3502 $71.91 A 12 Lutheran Family Services Rocky Mountains 45080 363 S. Harlan Street, Suite 200 Denver, CO 80226 $69.66 A 13 Maple Star Colorado 90967 2250 S. Oneida Street, Suite 200 Denver, CO 80224-2557 $69.66 A 14 Nightlight Christian Adoptions 1590226 150 E. 29th Street Loveland, CO 80538 $69.66 A 15 Parker Personal Care Homes Inc. 1512100 1597 Cole Blvd., Suite 250 Lakewood, CO 80401-3417 $73.16 A 16 Quality Life Services LLC 32066 11975 Reed Street Broomfield, CO 80020 $92.06 A 17 Rocky Mountain Kids 1593378 2210 E La Salle Colorado Springs, CO 80909 $71.91 A 18 Sample Supports 1686456 620 Kimbark St. Longmont, CO 80501 $71.91 A 19 Savio House 37330 325 King St. Denver, CO 80219 $85.28 A 20 Smith Agency Inc. 44882 14364 E. Evans Ave. Aurora, CO 80014-1408 $91.43 A 21 Special Kids Special Families 43184 424 W. Pikes Peak Ave. Colorado Springs, CO 80905 $69.66 A 22 Specialized Alternatives for Families and Youth 1662183 1600 Specht Point Road Ft. Collins, CO 80525 $138.42 A 23 Strong Foundations, LLC 1594056 1702 68th Ave. Greeley, CO 80634 $69.66 A 24 Top of the Trail Inc. 28112 301 N. Cascade Montrose, CO 81401 $69.68 A 25 Whimspire CPA 19562 9540 E. Jewell Ave. Denver, CO 80247 $75.40 A EXHIBIT to the SS23A Additional Provisions for the Agreement to Purchase Out -of -Home Placement Services SS23A For the Purchase of Group Home/Group Center Care Services The following additional provisions of this Exhibit apply to the agreement entitled, "Agreement to Purchase Out -of -Home Placement Services SS23A, attached hereto, by and between the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services," hereinafter referred to as, "County," and «Agency», hereinafter referred to as, "Contractor." 1. County agrees to purchase and Contractor agrees to provide the care and services which are listed in this agreement for Facility ID «Facility_ID» at the contractor's base anchor rate of $ «Agency_Rate» per day, as outlined in the Colorado Department of Human Services Informational Memorandum IM-CW-2018-0040, unless for the 2018-2019 fiscal year the Contractor and County have agreed to a previously negotiated higher rate based on the significant needs of a specific child. These services will be for children who have been deemed eligible for social services under the statutes, rules and regulations of the State of Colorado. 2. All bed hold authorizations and payments are subject to a 7 -day maximum for a child's temporary absence from a facility, including hospitalization. Bed hold requests must have prior written authorization from the Weld County Department Administrator before payment will be released to Contractor. 3. A minimum of one polygraph test per Colorado fiscal year, if needed by the child, will be furnished under this contract for facilities that provide sex offender treatment. 4. The services purchased under this Agreement for Group Home/Center services may include, but are not limited to: Basic 24 -hour care and child maintenance (food, shelter, clothing, educational supplies and allowance), direct child care, transportation, administrative overhead, support overhead, service delivery staff, which may include but are not limited to: Parent training for teens, independent living training, and mentor/advocate services. 5. Contractor agrees to have appropriate personnel available to attend or participate in Family Engagement, Team Decision Making meetings, or court hearings. Contractor shall be notified by County staff of the dates and times attendance is requested. 6. Contractor agrees to actively participate in achieving the child's Permanency Goal and cooperate with any vendors hired by the Weld County Department of Human Services to shorten the duration of placement. 7. Contractor agrees to have physical examinations completed within 14 days and dental examinations completed within 8 weeks of the child being placed with Contractor. All documentation of these examinations shall be forward to the County. Exhibit to the SS23A 20 Revised 8/2018 8. Contractor agrees to arrange a full evaluation of an Individualized Educational Plan (IEP) for youth designated as a Special Education Student every 3 years and coordinate reviews every year. If the IEP is due while the child is in placement, the Contractor shall complete or obtain a completed IEP. A copy will then be forwarded to the County. 9. Children in Psychiatric Residential Treatment Facilities, Residential Child Care Facilities and Child Placement Agencies are generally not eligible to receive clothing allowances as outlined in the Weld County Department of Human Services Policy and Procedure Manual. However, a one-time emergency clothing allowance may be approved in limited circumstances, with prior written authorization from County's Department Administrator required before payment will be released to provider. 10. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 11. Time is of the essence in each and all of the provisions of this Agreement. 12. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 13. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 14. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 15. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 16. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with Exhibit to the SS23A 21 Revised 8;2018 an illegal alien and shall terminate the subcontract if a subcontractor does not,stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5- 103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 17. Contractor assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by a federal department or agency; b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (B) above; Exhibit to the SS23A 22 Revised 8/2018 d. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 18. In addition to terminating this Agreement, in accordance with the provisions of the attached Agreement, the County may exercise the following remedial actions if County finds and determines that Contractor has substantially failed to satisfy the scope of work found in the Agreement, any Exhibit, or the child specific addendum SS23B. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions include, but are not limited to, any one or more of the following: a. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed. b. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by Contractor cannot be performed or if performed would be of no value to County. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to County. c. Recover from Contractor any incorrect payment to Contractor due to omission, error, fraud, and/or defalcation by deducting from subsequent payments under this Agreement, or other agreements between County and Contractor, or as a debt to County, or otherwise as provided by law. 19. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties or their assignees, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties or their assignees receiving services or benefits under this Agreement shall be an incidental beneficiary only. 20. No portion of this Agreement shall be deemed to constitute a waiver of any immunity including those provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, that the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. 21. Contractor shall promptly notify County in the event in which it is a party defendant or respondent in a case, which involves services provided under the agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the County Director. The term -litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganizations and/or foreclosure. Exhibit to the SS23A 23 Revised 8/2018 22. Any amendments or modifications to this agreement shall be in writing signed by both parties. 23. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 25. County reserves the right to require the Contractor to provide a certificate of insurance, policy, or other proof of insurance at its sole discretion. Exhibit to the SS23A 24 Revised 8/2018 CPA Group Home/Center Providers July 1, 2018 to June 30, 2019 _ cili y Address Facility City:State Zip :.' Facility Exhibit Daily_ 3 ;Rate A New World 1621990 All Hands In 1686513 4291 S. Fundy Way Aurora, CO 80013 $73.92 B Ascend 1705635 17905 E. Bails Place Aurora, CO 80017 $74.95 C Brighter Pathways 1649791 4006 S. Mission Parkway Aurora, CO 80013 $74.95 D Brighter Pathways II 1693759 1697 S. Kenton St. Aurora, CO 80012 $74.95 E Candi's House 1652108 1170 Norfolk St. Aurora, CO 80011 $59.01 F Cornerstone Specialized G.C. 1707380 3070 S. Quintero Way Aurora, CO 80013 $74.95 G Diamonds In The Rough 1686516 322 Lima Street Aurora, CO 80010 $74.95 H Gems and Jewels 1639923 5376 S. Truckee Court Centennial, CO 80015 $74.95 I House of Healing 1709708 1036 S. Ouray St. Aurora, CO 80017 $74.95 J Rocky Mountain Group Home 1701369 16621 E. 107th Ave. Commerce City, CO 80022 $114.13 K Turning Lights Group Center 1621806 1365 S. Lewiston St. Aurora, CO 80017 $116.59 L Ariel Clinical Services 90205 Ariel Sprite House 1643047 2938 North Ave., Suite G Grand Junction, CO 81504 $106.07 B Kismet House 1630179 861 N. Sable Blvd. Aurora, CO 80011 $63.17 C Bethany Christian Services 45514 Cortinez Field of Dreams 74864 6137 Kearney St. Commerce City, CO 80022 $90.32 B CGL-CPA, LLC 1615382 LGC I - Vine 1620241 2836 Vine Street Denver, CO 80205 $129.89 B LGC II - Marion St. 1619053 3659 Marion Street Denver, CO 80205 $141.90 C LGC III - Williams ST. 1620076 3025 Williams Street Denver, CO 80205 $132.48 D Griffith Center for Children 1510565 Prospect Youth Home 1543863 28 Farragut Ave. Colorado Springs, CO 80909 $131.18 B Kids Crossing 79752 A Better Way 1621890 14202 E 24th Ave Aurora, CO 80011 $103.06 B Evergreen 61317 1436 Hilltop Dr. Longmont, CO 80504 $139.29 C CPA Group Home/Center Providers July 1, 2018 to June 30, 2019 = = . . Governing_ CPA Agency,ID- • ,Group Home' Facility Name; =`. Facility ID, ' ,Facility�Addre-ss' Facility: City State Zip = ,Facility . Exhibit Daily ' Rate_ - Helping Hands Group Home 1551132 21622 E Alamo Place Centennial, CO 80015 $93.94 D Hudson Group Home 1623469 2060 Bula Dr. Colorado Springs, CO 80915 $63.17 E LaMar Place 1534441 3590 LaMar PI. Colorado Springs, CO 80911 $100.62 F Robinson 1538302 5082 Tucson Way Denver, CO 80239 $72.78 G Safe Landing 1541496 1365 Langness Circle Ellicott, CO 80808 $99.87 H Parker Personal Care Homes Inc. 1512100 Saiph Group Center 1666303 1493 S. Wheeling Circle. Aurora, CO 80012 $114.13 B Rocky Mountain Kids 1593378 Drew's Place 1613088 65 Diamond Road E Fountain, CO 80817 $114.13 B Future Bound 1599810 3101 Palmer Park Blvd. Colorado Springs, CO 80909 $114.13 C Jeremiah 29 1619041 4841 Sand Ripples Lane Colorado Springs, CO 80922 $114.13 D Nevada House 1599808 2129 N. Nevada Ave. Colorado Springs, CO 80907 $114.13 E Savio House 37330 Bridgeway Group Home 1644205 9820 W. 21st Ave. Lakewood, CO 80215 $114.13 B Carr Group Center for Girls 1548445 3297 Jasmine Street Denver, CO 80207 $159.70 C Carradine Center 1559137 4515 Gibraltar Denver, CO 80249 $172.72 D Carradine Center II 1621801 14101 E. 46th Ave. Denver, CO 80239 $172.72 E Strong Foundations, LLC 1594056 C & M Group Home 9875 1920 81st Ave. Greeley, CO 80634 $114.13 B Marie Alirez Group Home 70335 1405 26th Street Greeley, CO 80631 $114.13 C Michael Alirez Group Home 54150 1709 37th Ave. Greeley, CO 80634 $114.13 D Hello