HomeMy WebLinkAbout20060272.tiff Contract No: 05/06-RESPITE CARE
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND JASON M.SEGURA
This Agreement,made and entered into the 12 day of January 2006,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 Jason M. Segura.
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 providers;and
WHEREAS,Jason M. Segura is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
I. Tenn
This Agreement shall become effective on January 1, 2006 upon proper execution of this Agreement and
shall expire June 30,2006,unless sooner terminated as provided herein.
2. grope of Services
Services shall be provided by Jason M. Segura 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,"of which are 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. Jason M. Segura 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. Jason M. Segura 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,Jason M. Segura 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. Jason M. Segura 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 Jason M. Segura has failed to comply with the
Financial Management Requirements,program objectives,contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements,Jason M. Segura may appeal such
circumstance to the Director of Social Services. The decision of the Director of Social Services
shall be final.
6. Assurances
Jason M. Segura 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 Taws
At all times during the performance of this contract,Jason M. Segura 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. Jason M. Segura 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 et 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,Jason M. Segura 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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Contract No: 05/06-RESPITE CARE
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
Jason M. Segura 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.
9. Monitoring and Evaluation
Jason M. Segura and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Jason M. Segura and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and Jason M. Segura.
Jason M. Segura shall permit Social Services, and any other duly authorized agent or governmental agency,
to monitor all activities conducted by Jason M. Segura 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
Jason M. Segura 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
Jason M. Segura. These remedial actions are as follows:
a. Withhold payment to Jason M. Segura 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 Jason M. Segura 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 Jason M.Segura due to omission,error,fraud,and/or defalcation shall be
recovered from Jason M. Segura by deduction from subsequent payments under this Agreement or
other agreements between Social Services and Jason M. Segura,or by Social Services as a debt due to
Social Services or otherwise as provided by law.
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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 Rnmansik Social Services Administrator
Name Title
For Jason M. Segura:
Jason M Segura Respite('are Provider
Name 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: Jason M. Segura
Judy A Griego,Director 1070 Rochester Court
P O Box A Windsor,CO 80550
Greeley,CO 80632
14. Litigation
Jason M. Segura shall promptly notify Social Services in the event that Jason M. Segura learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
Jason M. Segura,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. Jason M. Segura 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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Contract No: 05/06-RESPITE CARE
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
AlIEST: /bG Ias-ed/Yr
WELD COUNTY BOARD OF COUNTY ! 3E61 -i, pS7,�l
CLERK TO THE BOARD COMMISSIONERS WE r
COUNTY,COLO F a
By: 'lJ q lOLCI re By: j"
uty Cle M J eile,ChaairG�`
JAN 23 z00fi
A ED AS TQ - i� RESPITE CARE PROVIDER
BY OtS 0 ki jrAuttlk
County Attorney ason M. Segura
WELD COUNTY DEPARTMENT
OF SOC SERVIC
By:
J A. , i go,D r tor
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