HomeMy WebLinkAbout20060392.tiff •
Contract No: 05/06-RESPITE CARE
201f j,
CHILD PROTECTION AGREEMENT FOR SERVICES f/2q
BETWEEN THE WELD COUNTY DEPARTMENT ri7 OF SOCIAL SERVICES
AND 2. $6
This Agreement,made and entered into the 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 Hali Evans.
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,Hali Evans is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tema
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 Hali Evans 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. Hali Evans 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. Hali Evans 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.
SS 00,53
1
2006-0392
01--06-06 04 r, SS -07-OG
Contract No: 05/06-RESPITE CARE
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract,Hali Evans 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. Hali Evans 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 Hali Evans has failed to comply with the Financial
Management Requirements,program objectives, contractual terms,or reporting requirements. In
the event of a forfeiture of reimbursements,Hali Evans may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
Hali Evans 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 Jaws
At all times during the performance of this contract,Hali Evans 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. Hali Evans acknowledges that the following laws are included:
- Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d-1 et sett and its implementing
regulation,45 C.F.R.Part 80 et seri• 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, Hali Evans and Social Services will resist in judicial proceedings any efforts to obtain
access to client records except as permitted by 42 CFR Part 2.
•
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
Hali Evans 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
Hali Evans and Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by Hali Evans and Social Services. The results of the monitoring and evaluation shall be
provided to the Board of Weld County Commissioners and Hali Evans.
Hali Evans shall permit Social Services, and any other duly authorized agent or governmental agency,to
monitor all activities conducted by Hali Evans 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
Hali Evans 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 Hali
Evans. These remedial actions are as follows:
a. Withhold payment to Hali Evans 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 Hali Evans 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 Hali Evans due to omission,error,fraud,and/or defalcation shall be recovered
from Hali Evans by deduction from subsequent payments under this Agreement or other agreements
between Social Services and Hali Evans,or by Social Services as a debt due to Social Services or
otherwise as provided by law.
3
Contract No: 05/06-RESPITE CARE
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 Hali Evans:
Bali Evans 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: Hali Evans
Judy A Griego,Director 6560 WCR 52 1/4
P() Box A Johnstown,CO 80534
Greeley,CO 80612
14. Litigation
Hali Evans shall promptly notify Social Services in the event that Hali Evans learns of any actual litigation
in which it is a party defendant in a case that involves services provided under this Agreement. Hali Evans,
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. Hali Evans reserves the right to suspend services to clients if funding is
no longer available.
16. Fntire 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.
4
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.
ka
ATTEST: u" 7
WELD COUNTY tgbt LINTY
CLERK TO THE BO O RS WE D
O
1By: Pa 7 .!NILE -‘,.Crcl �lQ�(�
utyCI c M e,Chair 2/6/2006
APP V D AS TO RESPITE CARE PRO ER
m _ C
ounty Attorney Hali Evans
ELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Ju .G ' o,Du r
5
OO6 . L39c7
•
HEARTSMART, INC.
malt,
14 \ EV0.'- S litt `'
has successfully completed the CPR course for the first
responder(adult,child&infant protocols using national JAMA
guidelines).This course meets state licensing requirements for
child clarreei 1 r)-4
Date I Date of issue CPR Date of Expiration
(4 Contact Hours)
HEARTSMART INC. PEDIATRIC
FIRST AID
Mai tJa rn 5
has successfully completed the Pediatric First Aid
course for the firsttespoader.Meets state requirements
for licensed child tare cettters/ttomes.
< t--x 0 L JAi\OA'
Date of issue Date of Expiration
(4 Contact Hours-8 contact hours with CPR card)
Hello