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Home My WebLink About20171796.tiffRESOLUTION RE: APPROVE THREE (3) STANDARD FORMS OF AGREEMENTS FOR VARIOUS OUT -OF -HOME PLACEMENT SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS 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 three (3) Standard Forms of Agreements for Various Out -of -Home Placement Services between the Weld County Department of Human Services and various providers, and 1. Exhibit to SS23A - Additional Provisions for Purchase of Residential Child Care Facility Services 2. Exhibit to SS23A - Additional Provisions for Purchase of Child Placement Agency Services 3. 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 three (3) Standard Forms of Agreements 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 various providers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that these standard forms 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 form. c.c.: HSCo Co,ntro.ct (vlrxcjmr'.+ $/g/ 17 2017-1796 HR0088 APPROVE THREE (3) STANDARD FORMS OF AGREEMENTS 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 19th day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dethA)G ,Cr[to;rr Weld County Clerk to the Board orney Date of signature: '7/ [3/ 1 7 2de, O u le A Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway arbara Kirkmeye 2017-1796 HR0088 7 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 7, 2017 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Weld County Department of Human Services' Child Welfare Request for 2017-2018 SFY Out -of -Home Provider Contract Templates and Cost of Living Rate Increase Please review and indicate if you would like a work session prior to placing these items on the Board's agenda. Request Board Approval for the Departments' Child Welfare 2017-2018 SFY Out -of -Home Provider Contract Templates and Cost of Living Rate Increase (attachment). Listed below and attached for your reference are the proposed updates to the Standard Form Agreements for Human Services per County Code 2-1-125. These updated templates have been reviewed by Assistant County Attorney, Karin McDougal, and have been approved for our use for the 2017-2018 contract year at which time contracts will be submitted individually through the CMS process. The updated forms are as follows: 1. Exhibit to the SS23A for the Purchase of Child Placement Agency Services 2. Exhibit to the SS23A for the Purchase of Group home/Group Center Care Services 3. Exhibit to the SS23A for the Purchase of Residential Child Care Facility Services Also, as identified in the Long Bill by the JBC, the cost of living increase for providers has not been released formally by the State to us and is estimated between 1.4% to 1.75%. The Department is requesting to adopt the exact amount which should be received from the State in mid -June. I do not recommend a Work Session. I recommend approval of the Contract Templates and implementing the Cost of Living Increase when received from the State. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; June 7, 2017 — Not in CMS 2017-1796 P EXHIBIT 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 «Agencyo, hereinafter referred to as, "Contractor." 1. County and Contractor agree that a child specific Needs Based Care Assessment, designated in this exhibit, shall be used to determine levels of care for each child placed with Contractor. 2. County agrees to purchase and Contractor 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 each level of service, as indicated by the Needs Based Care Rate Table, designated in this exhibit, for children placed within the CPA identified as Provider ID#«FACILITY_IDo. 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. 3. If a child is deemed eligible for the Children's Habilitation Residential Program (CHRP) waiver, Contractor agrees to accept the assessed waiver service rate billable through the MMIS system and the federal SSI rate billable through the County. 4. 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 release to provider. 5. 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. 6. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 7. 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. 8. Contractor agrees to cooperate with any vendors hired by the County to shorten the duration of placement. Exhibit to the SS23A 1 Revised 6/2016 9. 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. 10. Contractor agrees to arrange a full evaluation of an Individualized Educational Nan (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. 11. 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. 12. 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. 13. Time is of the essence in each and all of the provisions of this Agreement. 14. 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. 15. 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. 16. 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. 17. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 18. 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 Exhibit to the SS23A 2 Revised 6/2016 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. 19. 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 6/2016 20. 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, the child specific addendum SS23B, 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 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. 21. 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. 22. 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. 23. 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. 24. Any amendments or modifications to this agreement shall be in writing signed by both parties. 25. 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. Exhibit to the SS23A 4 Revised 6/2016 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. 26. 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. 27. 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 6/2016 Needs Based Care Assessment NBC (NEEDS BASED CARE ASSESSMENT) Answers to the following questions will determine the NBC Care Payment. For each question below please closest rating for this child. The following seven (7) questions are mutually exclusive. select the 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 and monitoring often does the child require special and extensive involvement by the provider in scheduling Select One of time and/or activities and/or crisis management? P5. How much time is the provider required to assist the child because appropriate needs with feeding, bathing, grooming, physical, of impairments beyond age Select One and/or 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 NBC often are themservices needed to address child's individual needs er NBC assessment? Behavioral Assessment Select One (NEEDS BASED CARE 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 ❑ Emancipation Select One ❑ Eating Problems Select One ❑ Boundary Issues Select One ❑ Requires Night Care Select One ❑ Education Select One ❑ Involvement with Child's Family Select One Exhibit A to the SS23A 6 Revised 6/2014 Needs Based Care Assessment WELD COUNTY DHS Requested Services from Agency Please indicate the services that are requested for this child. The following information will be reflected on the child specific contract. (Please be specific) ❑ Adoption Services ❑ Medical Services ❑ Other: NA ❑ Doctor/Dentist Appointment Coordination ❑ Provider agrees to work with family ❑ Medication Evaluation (not covered under fee for service) ❑ Therapeutic Services funded through Medicaid Fee for Service: (TRCCF) ❑ Medication Monitoring ❑ Individual Therapy ❑ Nursing Services/Coordination ❑ Group Therapy ❑ Physician Services/Coordination ❑ Interactive Group Therapy ❑ Occupational Therapy ❑ Family Therapy ❑ Speech Therapy ❑ Psychological Testing ❑ Child Find ❑ Pharmacological Management ❑ Other: ❑ Treatment not funded by Medicaid Fee for Service: O Education: ❑ Home Based Intervention ❑ On -Grounds School ❑ MST Multi -Systemic Therapy ❑ Coordinate Assessment for Special Education ❑ Offense Specific Treatment ❑ Public School Attendance ❑ Drug and Alcohol Treatment ❑ Occupational Therapy ❑ Speech Therapy ❑ Attend Special Education Meetings ❑ Urine Analysis/Drug Screening/ Breathalyzer ❑ Other: ❑ Sexual Abuse Victimization Treatment ❑ Visitation Coordination ❑ Independent Living Skills Training ❑ Monitor phone calls and correspondence ❑ Anger Management ❑ Transportation for family/parent/child visits ❑ Behavior Modification Services ❑ Other: ❑ Behavioral Assessment ❑ Other: ❑ Recreation Services ❑ Interpreter Services ❑ Case Management ❑ Other: ❑ Attend Court Hearings. ❑ Transportation: To include: ❑ Other: Levels of Care: Provider Level: Case Management Level: Therapy Level: Date Staffed: Participants: Comments: Exhibit A to the SS23A 7 Revised 6/2014 Needs Based Care Rate Table Weld County Department of Human Service (Effective 7/01/2015) LEVEL OF SERVICE CHILD MAINTENANCE RESPITE ADMINISTRATIVE MAINTENANCE ADMINISTRATIVE SERVICES MEDICAL NEEDS Level _ 4 :_ Daily Rate Daily Rate County Basic Maintenance Rate Age 0-10...$17.01 Age I1-14...$18.81 Age 15-21...$20.09 ti (,r, $12.35 No crisis intervention, Minimal CPA involvement, one face -to - face visit with child per month. $0.00 Not needed orcover under Medicaid. 1 $20.56 $.66 $15.77 Minimal crisis intervention as needed, one face-to-face visit per month with child, 2-3 contacts per month $5.14 Regularly Scheduled therapy up to 4 hours/month. $3.45 1 '/A $23.99 's hr, $17.48 2 $27.42 5.t,c, $19.20 Occasional crisis intervention as needed, two face-to-face visits with child, 2-3 contacts per month it $10.28 Weekly scheduled therapy 5-8 hours a month with 4 hours of group therapy. $4.97 2 '/ 5?n 8- $.66 $20.91 i ti ;1 2- $ 66 $22.62 Ongoing crisis intervention as needed, weekly face-to-face visits with child, and intensive coordination of multiple services. li• $15.42 Regularly scheduled weekly, multiple sessions, can include more than I person, i.e. family therapy, for 9-12 hours/monthly. $6.51) 3 I /2 ` , -. no $.66 $24.34 --------- 4 Congregate Care Drop Down I I ; $.66 4• $26.05 Ongoing crisis intervention as needed, which includes high level of case management and CPA involvement with child and provider and 2-3 face -to face contacts per week minimum. Negotiated Negotiated Assessment/ Emergency Level Rate $27.42 $.66 I $19.20 Exhibit A to the SS23A 8 Revised 6/2014 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 at a rate of S«Agency_Rate», per day for children placed within the Group Home/Group Center identified as Provider ID #«Facility_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. 2. Contractor agrees to accept the assessed waiver service rate billable through the MMIS system for Children's Habilitation Residential Program (CHRP) waiver eligible children and the federal SSI rate billable to the County. 3. 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 release to Contractor. 4. 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. 5. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, which are not provided within the negotiated provider rate, will need to be authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 6. 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. 7. 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. Exhibit to the SS23A 1 Revised 6/2016 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Time is of the essence in each and all of the provisions of this Agreement. 14. 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. 15. 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. 16. 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. 17. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 18. 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-IO2(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 Exhibit to the SS23A 2 Revised 6/2016 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. 19. 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, Exhibit to the SS23A 3 Revised 6/2016 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. 20. 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, the child specific addendum SS23B, 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 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. 21. 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. 22. 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. Exhibit to the SS23A 4 Revised 6/2016 23. 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. 24. Any amendments or modifications to this agreement shall be in writing signed by both parties. 25. 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. 26. 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. 27. 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 6/2016 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, ID# «Facility_ID», agrees to provide: a. Child Maintenance, Administrative Maintenance and Services, which are listed in this Agreement at a rate of $«Agency_Rate» per day unless otherwise negotiated based on the needs of the individual child placed within the Residential Child Care Facility. b. Additional services not covered by Medicaid or considered within the above vendor rate. These additional services/rates may be negotiated on a child by child basis, based on the needs of the child and in accordance with the Colorado Department of Human Services Agency Letter CW-06-11-I dated June 8, 2006. 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. County considers the agreed upon rate, outlined in the Weld County Addendum to this contract, to be all inclusive and shall not pay for additional treatment fees; i.e. Drug/Alcohol and Sex Offender services. 3. 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 release 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. 4. 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%). Exhibit to the SS23A 1 Revised 6/2016 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%). 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%). 5. 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. 6. Any additional costs for specialized services, which include, but are not limited to; polygraph tests, plethysmographs, and urinalysis screens, that is not provided within the vendor rate or attached Scope of Service, will need be negotiated and authorized, in writing by the County, prior to the service being performed. Any payment for specialized services not authorized in writing will be denied. 7. 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. 8. Contractor agrees to cooperate with any vendors hired by the Weld County Department of Human Services to shorten the duration of placement. 9. 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. 10. 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. 11. 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. 12. 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. Exhibit to the SS23A 2 Revised 6/2016 13. Time is of the essence in each and all of the provisions of this Agreement. 14. 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. 15. 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. 16. 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. 17. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 18. 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 Exhibit to the SS23A 3 Revised 6/2016 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. 19. 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. 20. 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, the child specific addendum SS23B, 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 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 Exhibit to the SS23A 4 Revised 6/2016 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. 21. 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. 22. 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. 23. 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. 24. Any amendments or modifications to this agreement shall be in writing signed by both parties. 25. 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. 26. 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. Exhibit to the SS23A 5 Revised 6/2016 27. 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 6 Revised 6/2016 Hello