HomeMy WebLinkAbout20060477.tiff 05-06-RESPITE CARE i^
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CHILD PROTECTION AGREEMENT FOR SERVICES • / /: /S
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND JACQUELYN MOLDENHAUER
This Agreement,made and entered into the,2 5 day of Sanutr j ,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 JACQUALYN MOLDENHAUER.
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 Jacquglyn Moldenhauers and
WHEREAS,JACQUALYN MOLDENHAUER 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 January 1,2006,upon proper execution of this Agreement and
shall expire June 30,2006,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by JACQUALYN MOLDENHAUER 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,"and Exhibit C, "Fee
Schedule,"copies 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. JACQUELYN MOLDENHAUER 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. JACQUALYN MOLDENHAUER 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,JACQUELYN
MOLDENHAUER 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. JACQUALYN MOLDENHAUER 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 JACQUALYN MOLDENHAUER has failed to
comply with the Financial Management Requirements,program objectives,contractual terms, or
reporting requirements. In the event of a forfeiture of reimbursements,JACQUALYN
MOLDENHAUER may appeal such circumstance to the Director of Social Services. The decision
of the Director of Social Services shall be final.
6. Assurances
JACQUALYN MOLDENHAUER shall abide by all assurances as set forth in the attached Exhibit D,which is
attached hereto and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,JACQUALYN MOLDENHAUER 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. JACQUALYN MOLDENHAUER 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, JACQUALYN MOLDENHAUER 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
JACQUALYN MOLDENHAUER 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
JACQUALYN MOLDENHAUER and Social Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by JACQUALYN MOLDENHAUER and Social
Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners and JACQUALYN MOLDENHAUER.
JACQUALYN MOLDENHAUER shall permit Social Services,and any other duly authorized agent or
governmental agency,to monitor all activities conducted by JACQUELYN MOLDENHAUER 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
JACQUELYN MOLDENHAUER 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 JACQUALYN MOLDENHAUER. These remedial actions are as follows:
a. Withhold payment to JACQUELYN MOLDENHAUER 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 JACQUALYN MOLDENHAUER 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 JACQUALYN MOLDENHAUER due to omission,error, fraud,and/or
defalcation shall be recovered from JACQUALYN MOLDENHAUER by deduction from subsequent
payments under this Agreement or other agreements
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between Social Services and JACQUALYN MOLDENHAUER,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 PROVIDER:
Jacquglyn Moldenhauer Respite Care 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: Provider
Judy A.Griego,Director JACQUQLYN MOLDENHAUER
P.O.Box A 20719 Staghom Court
Greeley,CO 80632 Johnstown,CO 80534
14. Litigation
JACQUALYN MOLDENHAUER shall promptly notify Social Services in the event that JACQUALYN
MOLDENHAUER learns of any actual litigation in which it is a party defendant in a case that involves
services provided under this Agreement. JACQUALYN MOLDENHAUER, 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 finding. JACQUALYN MOLDENHAUER 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.
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ATTEST:
WELD COUNTY .,, f`BOAIN aIi OUNTY
CLERIC TO THE BOARD s t „C SI(p ERS WELD
J c GRAD
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By: Piti I hal Lei,
D uty Cl d ei % J. eile,Chair FEB 1 3 2006
APPROVE AS TTo M JACQU MOLDENHAUER
//� � Z BY a 2t�
/ 'County tt ey Ja pl oldenhauer
////WELD COUNTY DEPARTMENT
OF SOCIAL RVICES
By:
Dir t r
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EXHIBIT A
SCOPE OF SERVICES
Jacquelyn Moldenhauer will:
1. Complete a fingerprint card for a background check at the Jacquelyn Moldenhauers expense
with the Colorado Bureau of Investigation. A Federal Bureau of Investigation background
check will be done if the Jacquelyn Moldenhauer has been a resident of the State of Colorado
for less than two years. Social Services will clear Jacquelyn Moldenhauer through CBI and
FBI;
2. Complete a course in CPR and first aid,in which a current copy of the certifications must be
provided to Social Services with this agreement. If either certification should expire during
the contracted period,Jacquelyn Moldenhauer will send a new current certification copy to
Social Services;
3. Provide transportation for the child to appointments during the hours of service as agreed
upon with the foster parent;
4. Become familiar with State rules and regulations governing certified foster homes;
5. Must be eighteen years of age or older.
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EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse JACQUELYN MOLDENHAUER in consideration for the work and
services performed under Child Welfare Regular Administration funding.
Expenses incurred by JACQUELYN MOLDENHAUER,in association with said project prior to the term
of this agreement, are not eligible Social Services expenditures and shall not be reimbursed by Social
Services.
Payment pursuant to this Contract, if Child Welfare Regular Administration funds, whether in whole or in
part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration
funds for the purposes hereof. In the event that said funds,or any part thereof;become unavailable as
determined by Social Services, Social Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
Respite care is limited to four hours per week per child. The hours of care may be provided in any
combination throughout a month,but not to exceed 16 hours per month. Payment will be$16.75 per each
four hour period,but not to exceed$67.00 per month for 16 hours.
Social Services referrals will not be sent to collections by JACQUELYN MOLDENHAUER for default of
co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay.
JACQUELYN MOLDENHAUER will collect any applicable sliding scale co-pays and credit Social
Services for any payments received on the monthly billing statements.
3. Submittal of Vouchers
JACQUELYN MOLDENHAUER shall prepare and submit monthly the itemized voucher according to the
criteria listed under"Standards of Responsibility"in Exhibit E, and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit
A.
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EXHIBIT C
ASSURANCES
1. JACQUELYN MOLDENHAUER agrees it is an independent contractor and that its officers and employees
do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County
employees,as the result of the execution of this Agreement.
2. Weld County,the Board of County Commissioners of Weld County, its officers and employees, shall not be
held liable for injuries or damages caused by any negligent acts or omissions of JACQUELYN
MOLDENHAUER-contracted Jacquelyn Moldenhauers or its employees,volunteers,or agents while
performing duties as described in this Agreement. JACQUELYN MOLDENHAUER shall indemnify,
defend, and hold harmless Weld County, the Board of County Commissioners of Weld County,its
employees,volunteers,and agents. JACQUELYN MOLDENHAUER shall provide adequate liability and
worker's compensation insurance for all its employees,volunteers, and agents engaged in the performance
of the Agreement upon request,JACQUELYN MOLDENHAUER shall provide Social Services with the
acceptable evidence that such coverage is in effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a
duty of care with respect to any persons not a party of this Agreement.
4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section,subsections,paragraph, sentence,clause,or phrase of this Contract is for any reason held or
decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Contract and each and every section,
subsection,paragraph, sentence,clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections,paragraphs,sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer,member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof.
7. JACQUELYN MOLDENHAUER assures that they will comply with the Title VI of the Civil Rights Act of
1986 and that no person shall, on the grounds of race,creed,color, sex, or national origin,be excluded from
participation in,be denied the benefits of, or be otherwise subjected to discrimination under this approved
Contract.
8. JACQUELYN MOLDENHAUER assures that sufficient,auditable,and otherwise adequate records that
will provide accurate, current, separate,and complete disclosure of the status of the funds received under
the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records
shall be sufficient to allow authorized local,Federal,and State auditors, and representatives to audit and
monitor JACQUELYN MOLDENHAUER.
9. All such records,documents, communications,and other materials shall be the property of Social Services
and shall be maintained by JACQUELYN MOLDENHAUER, in a central location and custodian,in behalf
of Social Services,for a period of four(4)years from the date of final payment under this Contract,or for
such further period as may be necessary to resolve any matters which may be pending, or until an audit has
been completed with the following qualifications: If an audit by or on behalf of the federal and/or state
government has begun but is not completed at the end of the four(4)year period, or if audit findings have
not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit
finding.
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10. JACQUELYN MOLDENHAUER assures that authorized local, federal,and state auditors and
representatives shall,during business hours,have access to inspect any copy records, and shall be allowed
to monitor and review through on-site visits, all contract activities, supported with funds under this Contract
to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and
evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties.
11. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives, and
assigns. JACQUELYN MOLDENHAUER or Social Services may not assign any of its rights or
obligations hereunder without the prior written consent of both parties.
12. JACQUELYN MOLDENHAUER certifies that federal appropriated funds have not been paid or will be
paid,by or on behalf of JACQUELYN MOLDENHAUER,to any person for influencing or attempting to
influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any Federal contract,the
making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment,or modification of any Federal contract,loan, grant,
or cooperative agreement.
13. JACQUELYN MOLDENHAUER assures that it will fully comply with all other applicable federal and
state laws. JACQUELYN MOLDENHAUER understands that the source of funds to be used under this
Contract is Child Welfare Regular Administration funds.
14. JACQUELYN MOLDENHAUER assures and certifies that it and its principals:
a. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily
excluded from covered transaction by a federal department of 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 11(b) of
this certification; and
d. Have not within a three-year period preceding this Contract,had one or more public transactions
(federal,state,and local)terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when
the contractor also maintains a relationship with a third party and the two relationships are in opposition. In
order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from
knowledge of these opposing interests. It is only necessary that the contractor know that the two
relationships are in opposition.During the term of the Contract,JACQUELYN MOLDENHAUER shall not
enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning
of an existing appearance of a conflict of interest situation,JACQUELYN MOLDENHAUER shall submit
to Social Services,a full disclosure statement setting forth the details that create the appearance of a conflict
of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute
grounds for Social Services'termination, for cause,of its contract with JACQUELYN MOLDENHAUER.
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16. JACQUELYN MOLDENHAUER shall protect the confidentiality of all applicant records and other
materials that are maintained in accordance with this Contract. Except for purposes directly connected with
the administration of Child Protection,no information about or obtained from any applicant/recipient in
possession of JACQUELYN MOLDENHAUER shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian unless in accordance with JACQUELYN
MOLDENHAUER written policies governing access to,duplication and dissemination of, all such
information. JACQUELYN MOLDENHAUER shall advise its employees,agents,and subcontractor, if
any,that they are subject to
these confidentiality requirements. JACQUELYN MOLDENHAUER shall provide its employees, agents,
and subcontractors, if any,with a copy or written explanation of these confidentiality requirements before
access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development,trade secrets,business affairs,internal operations and management procedures and those of its
customers, clients or affiliates,but does not include information(1)lawfully obtained from third parties, (2)
that which is in the public domain, or(3)that which is developed independently. Neither party shall use or
disclose directly or indirectly without prior written authorization any proprietary information concerning the
other party obtained as a result of this Contract. Any proprietary information removed from the State's site
by JACQUELYN MOLDENHAUER in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by JACQUELYN MOLDENHAUER for similar
information in the course of its own business.
18. JACQUELYN MOLDENHAUER certifies that s/he will abide by Colorado Revised Statute(C.R.S.)26-6-
104,requiring criminal background checks for all employees,contractors, and sub-contractors.
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