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Contract No: 04/05-RESPITE CARE ey /7II
CHILD PROTECTION AGREEMENT FOR SERVICES Y7
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND SHELLEY CHRISTMAN
This Agreement,made and entered into the day of Judy 2004,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 SHELLEY CHRISTMAN.
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,SHELLEY CHRISTMAN is a for-profit Sole-Proprietor.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tenn
This Agreement shall become effective on July 1,2004 upon proper execution of this Agreement and shall
expire June 30,2005,unless sooner terminated as provided herein.
2. Srnpe of Servirec
Services shall be provided by SHELLEY CHRISTMAN 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. SHELLEY CHRISTMAN 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. SHELLEY CHRISTMAN 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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Contract No: 04/05-RESPITE CARE
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, SHELLEY
CHRISTMAN 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. SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN has failed to comply with
the Financial Management Requirements,program objectives,contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements, SHELLEY CHRISTMAN may
appeal such circumstance to the Director of Social Services. The decision of the Director of Social
Services shall be final.
6. Assurances
SHELLEY CHRISTMAN 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,SHELLEY CHRISTMAN 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. Mayfield 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, SHELLEY CHRISTMAN and Social Services will resist in judicial proceedings any
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Contract No: 04/05-RESPITE CARE
efforts to obtain access to client records except as permitted by 42 CFR Part 2.
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
SHELLEY CHRISTMAN 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
SHELLEY CHRISTMAN and Social Services agree that monitoring and evaluation of the performance of
this Agreement shall be conducted by SHELLEY CHRISTMAN and Social Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners and SHELLEY
CHRISTMAN.
SHELLEY CHRISTMAN shall permit Social Services,and any other duly authorized agent or
governmental agency,to monitor all activities conducted by SHELLEY CHRISTMAN 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 fmd
SHELLEY CHRISTMAN 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 Mayfield. These remedial actions are as follows:
a. Withhold payment to SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN due to omission,error,fraud,and/or defalcation shall
be recovered from SHELLEY CHRISTMAN by deduction from subsequent payments under this
Agreement or other agreements between Social Services and SHELLEY CHRISTMAN,or by Social
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Contract No: 04/05-RESPITE CARE
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 SHELLEY CHRISTMAN:
SHPT T F.Y CHRISTMAN 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: SHELLEY CHRISTMAN
Indy A Cttiegn,Director 414 7ante Way
P O Box A Brighton,CO 80601
Greeley,CO R0619
14. T itigation
SHELLEY CHRISTMAN shall promptly notify Social Services in the event that SHELLEY CHRISTMAN
learns of any actual litigation in which it is a party defendant in a case that involves services provided under
this Agreement. SHELLEY CHRISTMAN,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. SHELLEY CHRISTMAN 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: 04/05-RESPITE CARE
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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'I WELD C UNTY BOARD OF COUNTY
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i i} x ' CLERK TO BOARD COMMISSIONERS WELD
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‘411 COUNTY, -0L010 ili 0
a 0�D ye\c By:
4 'l5.41eputy Clerk Robert D.Masden,Chair JUL 0 7 2004
7.......,rAS TO F RESPITE C R V E
BY
o ty Atto ey /S ELLEY C N
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Direct r
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Contract No: 04/05-RESPITE CARE
EXHIBIT A
SCOPE OF SERVICES
1. Complete a fingerprint card for a background check with the Colorado Bureau of Investigation. A
Federal Bureau of Investigation background check will be done if you have been a resident of the State
of Colorado for less than two years. The Department will clear the SHELLEY CHRISTMAN through
the State of Colorado Central Registry of Child Abuse;
2. Complete a course in CPR and first aid;
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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Contract No: 04/05-RESPITE CARE
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse SHELLEY CHRISTMAN in consideration for the work and services
performed under Child Welfare Regular Administration funding.
Expenses incurred by SHELLEY CHRISTMAN,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 four
hours,but not to exceed$67.00 per month for 16 hours.
Social Services referrals will not be sent to collections by SHELLEY CHRISTMAN for default of co-
pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay.
SHELLEY CHRISTMAN 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
SHELLEY CHRISTMAN shall prepare and submit monthly the itemized voucher 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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Contract No: 04/05-RESPITE CARE
EXHIBIT C
ASSURANCES
1. SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN-
contracted SHELLEY CHRISTMANs or its employees,volunteers,or agents while performing duties as
described in this Agreement. SHELLEY CHRISTMAN shall indemnify,defend, and hold harmless Weld
County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents.
SHELLEY CHRISTMAN 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, SHELLEY
CHRISTMAN 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. SHELLEY CHRISTMAN 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. SHELLEY CHRISTMAN 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
SHELLEY CHRISTMAN.
9. All such records,documents,communications,and other materials shall be the property of Social Services
and shall be maintained by SHELLEY CHRISTMAN,in a central location and custodian, in behalf of
Social Services, for a period of four(4)years from the date of fmal 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 fmdings 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. SHELLEY CHRISTMAN 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 fluids 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. SHELLEY CHRISTMAN or Social Services may not assign any of its rights or obligations
hereunder without the prior written consent of both parties.
12. SHELLEY CHRISTMAN certifies that federal appropriated funds have not been paid or will be paid,by or
on behalf of SHELLEY CHRISTMAN,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. SHELLEY CHRISM/LAN assures that it will fully comply with all other applicable federal and state laws.
SHELLEY CHRISTMAN understands that the source of funds to be used under this Contract is Child
Welfare Regular Administration funds.
14. SHELLEY CHRISTMAN 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, SHELLEY CHRISTMAN 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,SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN.
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Contract No: 04/05-RESPITE CARE
16. SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian unless in accordance with SHELLEY CHRISTMAN
written policies governing access to,duplication and dissemination of,all such information. SHELLEY
CHRISTMAN shall advise its employees,agents, and subcontractor,if any,that they are subject to
these confidentiality requirements. SHELLEY CHRISTMAN 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 SHELLEY CHRISTMAN in the course of providing services under this Contract will be accorded at
least the same precautions as are employed by SHELLEY CHRISTMAN for similar information in the
course of its own business.
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