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HomeMy WebLinkAboutC87-204 Day Treatment Program with Mountain Board of Cooperative Educational Servicesr C87-204-80 AGREEMENT FOR SERVICES FOR A DAY TREATMENT PROGRAM THIS AGREEMENT, entered into this 2nd day of December , 1987, by and between the Mountain Board of Cooperative Educational Services (Mountain BOCES) and the Department of Social Services (DSS), to wit: WITNESSETH WHEREAS, the parties are desirous of providing a Day Treatment Program (DTP) which will provide an alternative to residential care for children within the legal and program- matic jurisdictions of the panties; WHEREAS, this program will be structured so that the Department of Social Services will purchase Day Treatment services from Mountain BOCES; WHEREAS, Section 29.01.201, CRS, as amended, expressly authorizes this agreement, the parties hereto are legal entities which have the requisite authority to bind themselves to this agreement as provided for below, and said parties are desirous that this agreement be in writing. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. On a periodic basis, but not less than once every other month, the Day Treatment Program Supervisor, or his/her designee, shall meet with the Director of the Department of Social Services, or his/her scheduled designee, to determine compliance with the mutual goals of the parties, and the performance of the parties' staff as provided for in this agreement. 2*. The Mountain BOCES shall provide to the Department of Social Services the following services: a. Structured behavior educational program. b. Individual therapy. c. Family therapy. d. Group therapy. management system for DAY TREATMENT PROGRAM AGREEMENT e. Vocational program to prepare students to function in the community. f. Recreational program. g. Therapeutic educational program. h. Transition services to mainstream child into appropriate program. 3. The Mountain BOCES shall provide for, and at the request of the Department of Social Services, document that the staff which it provides for Adolescent Day Treatment Program meets all applicable, local, state and federal licensing requirements for a Day Treatment Program in the State of Colorado. Further, Mountain Board of Cooperative Educational Services shall provide that the staff is properly trained, qualified, and/or certified, in order to meet the objectives of quality education, which objectives have been agreed upon by the parties. 4. The Department of Social Services shall pay to the Mountain Board of Cooperative Educational Services the sum not to exceed Seven Hundred Fifty -Eight Dollars ($758.00) per month for each client of the Department of Social Services in said program. If a child is enrolled in the school for less than ten (10) days, there will be no charge that month. The billings will occur July through May with no billing in June. 5. The client shall be deemed enrolled if he/she has been approved by the Department of Social Services and Adolescent Day Treatment Program and has been staffed into the program. If a family and a child does not have significant contact for twenty (20) consecutive calendar days in a month, the child will be determined not en- rolled and the Department of Social Services will not be billed for the month. 6. The Department of Social Services will provide written notice that the client is deemed enrolled with Social Services support within ten (10) days of the staffing or intake process. The Department of Social Services will also provide written notice of termination of support of placement at least ten (10 ) days prior to the termination. Exception would be made for clients who have been court ordered for emergency placement else- where. 7. Mountain Board of Cooperative Educational Services shall bill the Department of Social Services for services provided to its clients prior to the tenth (10) day of -2- C C; DAY TREATMENT PROGRAM AGREEMENT each month of program operation. The Department of Social Services shall remit payment in full as billed prior to the fifth (5) day of the month following the month in which services were provided. In case of a dispute concerning services provided during any billing period, the Department of Social Services agrees to remit payment in full during the dispute, Mountain Board of Cooperative Educational Services must resolve any dispute within ten (10 ) working days and shall refund, or credit, any over payment for services provided to clients or the Department of Social Services, if as a result of a disputed billing, it is determined that Mountain Board of Cooperative Educational Service has erred in the billing process or amount, or otherwise. 8. The Day Treatment Program operates from August through July with traditional school holidays throughout the year. In the summer, there will be a four to five week summer program with a vocational emphasis. 9. Mountain BOCES is expressly authorized to admit children from entities other than the Department of Social Services. Priority shall be given to clients who meet State Department of Social Services out -of -home placement criteria, and the eligibility criteria for a handicapping condition as determined by the Exceptional Children's Education Act within the Mountain BOCES catchment area. The per pupil, per month charge shall not be less than Seven Hundred Fifty -Eight ($758.00) dollars and no cents. Mountain BOCES reserves the right to develop contractual agreements with other individuals or agencies, public or private, concerning the Day Treatment Program, so long as said agreements do not impair the right of the Department of Social Services, as provided for herein; and further, that the Department of Social Services shall be given notice of said agreements prior to implementation of said agreements. 10. Mountain BOCES shall provide financial management services for the Day Treatment Program, which services shall include bookkeeping practices in accordance with applicable state and federal guidelines, and consistent with good accounting practices. The financial records of the Day Treatment Program shall be available for inspec- tion by Mountain BOCES and the Department of Social Services upon request at reasonable times. 11. In accordance with applicable state and federal guidelines, and consistent with good accounting prac- tices, Mountain BOCES shall conduct an audit of the Day -3- DAY TREATMENT PROGRAM AGREEMENT Treatment Program, and shall pay for the same. Said audit shall be done on a timely basis and be available to the Department of Social Services for any purpose what- soever. 12. The total billing to Eagle County Department of Social Services will not exceed the P.A.C. allocation for that fiscal year. 13. This agreement may be modified by another writing which is as formal as the original. 14. This agreement may be terminated by either party upon thirty (30) days written notice to the other party, prior to the effective date of termination. 15. The subject parties are government entities, which entities have fiscal years which may or may not be co -terminous with the term of this agreement. The parties recognize that the authority by which the subject parties act, and therefore, this agreement is expressly subject to said authority. However, the parties pledge their best efforts to see that this agreement is funded. 16. This agreement is intended as the complete under- standing of the parties, and no other representation, written or verbal, shall bind the parties except as that representation is contained therein. 17. Mountain BOCES shall provide written reports on each client's progress on a regular basis, and no less than one report each three months. If because of a court or other requirement, the Department of Social Services needs more frequent reports, Mountain BOCES shall accom- modate such request. 18. Confidentiality: Information provided by the Department and the Mountain BOCES in furtherance of the aims and purposes of this agreement will be used only for the purpose intended and in accordance with Federal and State Laws and Regulations. 19. Safeguarding Information: The Mountain BOCES shall provide for the security of information collected pur- suant to this agreement. 20. Political Activities: None of the funds, materials, property, personnel or services contributed by the United States, the State Department of Social Services , or the County Department of Social Services under this agreement -4- DAY TREATMENT PROGRAM AGREEMENT shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office in a manner which would constitute a violation of 5 U.S.0 Sections 1501 et.seq. 21. Religious Activity: There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this agreement. 22. Non -Discrimination: In connection with the perfor- mance of services under this agreement, the Mountain BOCES agrees to comply with the provisions of the Laws of Colorado, the Civil Rights Act of 1964, as amended, the Regulations of the Department of Health and Human Servic- es issued pursuant to that Act, the provisions of Execu- tive Order 11246, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended. 23. Liability and Insurance: The Mountain BOCES shall, for the purposes of carrying out its duties under this agreement, be considered an independent contractor and not the agent of the Department. Services provider shall be liable for any loss or injury to itself, its officers, agents, employees, or to third parties, resulting from its acts or omissions in the performance of its obliga- tions under this agreement, and shall maintain its own insurance for protection against liability based upon any such.loss or injury. DATED THE DATE SET FORTH ABOVE MOUNTAIN OA RD OF COOPERATIVE EDUCATIONAL SERVICES BY Steven K-, J,&h_ds, E7�cttt_iye erector BY: Bill Rooks, Pre BOARD Q)C AL S BY: M/4 le, Ri54fr, Di BY.. Chair erson Eaizle _ County nt of CES Board of Social Services -5-