HomeMy WebLinkAbout20072196.tiff 07-08-RESPITE CARE
CHILD PROTECTION AGREEMENT FOR SERVICES ty,T
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES g�
AND BEVERLY ANDERSON V u� 2� 43 /O S'
This Agreement,made and entered into the day of June,2007, by and between the Board of Weld
County Commissioners,sitting as the Board of Social Services, on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and Beverly Anderson,hereinafter referred to as"Provider".
WITNESSETH
WHEREAS,required approval,clearance, and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Child Welfare Regular
Administration funding to Social Services for respite care for county foster care the Provider and
WHEREAS,the Provider is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on July 1, 2007,upon proper execution of this Agreement and shall
expire June 30,2008, unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Provider to any person(s)eligible for child protection services in compliance
with Exhibit A"Scope of Services,"a copy of which is attached by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"copy of which is attached
hereto and incorporated herein by reference.
"Payment Schedule" shall establish the maximum reimbursement,which will be paid from Child
Welfare Regular Administration funds during the duration of this Agreement.
b. The Provider shall submit an itemized monthly bill to Social Services for all costs incurred and
services provided pursuant to Exhibit A of this Agreement in accordance with criteria established
by Social Services. The Provider shall submit all itemized monthly billings to Social Services no
later than the twenty-fifth(25)day of the month following the month the cost was incurred.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability
of Child Welfare Regular Administration funds to Social Services.
d. Social Services shall not be billed for, and reimbursement shall not be made for time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
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4. Financial Management
At all times from the effective date of this Contract until completion of this Contract,the Provider shall
comply with the administrative requirements,cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under Child Welfare Regular Administration funding must conform to the Single Audit Act of
1984 and OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Provider shall provide proper monthly invoices and itemization of services performed for costs
incurred in the performance of the agreement.
b. Social Services may withhold any payment if the Provider has failed to comply with the Financial
Management Requirements,program objectives,contractual terms, or reporting requirements. In
the event of a forfeiture of reimbursements,the Provider may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
The Provider shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and
incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,the Provider shall strictly adhere to all applicable
federal and state laws,orders,and all applicable standards,regulations, interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,
papers,documents,tapes and any other materials that have been or may hereafter be established which
relate to the Contract. The Provider acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq. and its implementing
regulation,45 C.F.R.Part 80 a seq.;and
Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and
its implementing regulations,45 C.F.R. Part 84;and
the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq. and
its implementation regulations,45 C.F.R.Part 91;and
Title VII of the Civil Rights Act of 1964;and
the Age Discrimination in Employment Act of 1967;and
the Equal Pay Act of 1963;and
the Education Amendments of 1972;and
Immigration Reform and Control Act of 1986,P.L.99-603;
42 C.F.R.Part 2
and all regulations applicable to these laws prohibiting discrimination because of race,color,
National origin, and sex, religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)
or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited
above. If necessary,the Provider and Social Services will resist in judicial proceedings any efforts to obtain
access to client records except as permitted by 42 CFR Part 2.
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Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that
small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction
and services. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with
the Colorado Department of Human Services or with the U.S. Department of Health and Human Services,
Office for Civil Rights.
8. Certifications
The Provider certifies that, at the time of entering into this Contract, it has currently in effect all necessary
licenses,approvals, insurance,etc. required to properly provide the services and/or supplies covered by this
contract. A copy of certificate will be provided to Social Services upon completion of this agreement.
Failure to do so will null and void this contract in its entirety.
9. Monitoring and Evaluation
The Provider and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Provider and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and the Provider.
The Provider shall permit Social Services,and any other duly authorized agent or governmental agency,to
monitor all activities conducted by the Provider pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary or appropriate,such program data, special analyses,on-
site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Social Services or designee may exercise the following remedial actions should s/he find
the Provider substantially failed to satisfy the scope of work found in this Agreement. 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 are as follows:
a. Withhold payment to the 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 the Provider cannot be performed or if
performed would be of no value to the Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social Services;
c. Incorrect payment to the Provider due to omission,error,fraud,and/or defalcation shall be recovered
from the Provider by deduction from subsequent payments under this Agreement or other agreements
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between Social Services and the Provider,or by Social Services as a debt due to Social Services or
otherwise as provided by law.
12. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
For The Provider Respite Care Provider
Beverly Anderson Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Social Services To: The Provider
Judy A.Griego,Director Beverly Anderson
P.O.Box A 604 Aviara Street
Greeley,CO 80632 Johnstown,CO 80534
14. Litigation
The Provider shall promptly notify Social Services in the event that the Provider learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this 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 Social Services Director. The term"litigation" includes an assignment for the benefit of
creditors,and filings in bankruptcy,reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written notice and is
subject to the availability of funding. The Provider reserves the right to suspend services to clients if funding is
no longer available.
16. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as stated in
Paragraph 10 herein.
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IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
�ATTEST: tat&'
WELD COUNTY FCOUNTY
CLERK TO THE BOARD S �y 1' `L' ONERS WELD
1861 (, .4f'! ORADO
By: n
Deputy Clot IJVV L ����avid E. Long,Chair
ATTESTING TO DU D OF CO G 0 1 2007
COMMISSION NATURES 0u
APPRO#D AST �
BY (�j teit!Cll'P/
ounty Attorney Beverly Ande on
WELD COUNTY DEPARTMENT
OF SOCIA SERVICES
By:
ector
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