HomeMy WebLinkAbout20041446.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES FOR CHILD CARE
AND AUTHORIZE CHAIR TO SIGN - HOLY FAMILY CATHOLIC SCHOOL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Child Protection Agreement for Services
for Child Care between the County of Weld, State of Colorado,by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Social Services, and Holy Family
Catholic School,commencing January 20, 2004,and ending May 31,2004,with further terms and
conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Board of Social Services, that the Child Protection Agreement for
Services for Child Care between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County,on behalf of the Department of Social Services,and Holy
Family Catholic School be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 19th day of May, A.D., 2004, nunc pro tunc January 20, 2004.
on'a'� BOARD OF COUNTY COMMISSIONERS
,I f /.®�% W COUNTY, COLORADO
-*% -; ail fl Robert D. Masden, Chair
o��'S>? I="ae- he Board
♦ . 3 _-
,% �• s I William rke, Pro-Tem
BY: /4�--, --- -s-..--- ,Z7Deputy Clerk to he Bo
M. J. ile
APPRO D AS TO M:
c David E. Long
o fy Attorn y
G nn Vaad
Date of signature: 5--47 fil
2004-1446
SS0031
(1r 5-S CacL-,pc) 0 S-02.0 -oy
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DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
' Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
O
•
COLORADO
MEMORANDUM
TO: Robert D. Masden, Chair Date: May 11, 2004
Board of County Commissioners r I I \
FR: Judy A. Griego, Director, Social Services.�,(.t{1J '\� i
RE: Child Protection Agreement for Services Belween the Weld County
Department of Social Services and Holy Family Catholic School
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services and Holy Family Catholic School. This Agreement was
reviewed at the Board's Work Session of March 29, 2004.
The major provisions of the Agreements are as follows:
1. The term period is from January 20, 2004 through May 31, 2004.
2. The Department agrees to reimburse Holy Family Catholic Church for child care of
child(ren) in the Department's custody and located in Grand Junction, Colorado, at the
rate of$234 monthly tuition.
If you have any questions,please contact me at extension 6510.
2004-1446
•
1,4.94
CHILD PROTECTION AGREEMENT FOR SERVICES .ces
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND HOLY FAMILY CATHOLIC SCHOOL
This Agreement,made and entered into the day of March 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 HOLY FAMILY CATHOLIC SCHOOL.
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 preschool and child care for county foster care providers; and
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tema
This Agreement shall become effective on January 20,2004 upon proper execution of this Agreement and
shall expire May 31,2004,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by HOLY FAMILY CATHOLIC SCHOOL 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. HOLY FAMILY CATHOLIC SCHOOL 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. HOLY FAMILY CATHOLIC SCHOOL 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.
4. Financial Manag-ment
At all times from the effective date of this Contract until completion of this Contract,HOLY FAMILY
CATHOLIC SCHOOL 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. HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY CATHOLIC SCHOOL has failed
to comply with the Financial Management Requirements,program objectives,contractual terms,or
reporting requirements. In the event of a forfeiture of reimbursements,HOLY FAMILY
CATHOLIC SCHOOL may appeal such circumstance to the Director of Social Services. The
decision of the Director of Social Services shall be final.
6. Assurances
HOLY FAMILY CATHOLIC SCHOOL 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 I aws
At all times during the performance of this contract,HOLY FAMILY CATHOLIC SCHOOL 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 eL seq and its implementing
regulation,45 C.F.R.Part 80 eL 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,HOLY FAMILY CATHOLIC SCHOOL and Social Services will resist in judicial
proceedings any 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 fmancial 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
HOLY FAMILY CATHOLIC SCHOOL 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
HOLY FAMILY CATHOLIC SCHOOL and Social Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by HOLY FAMILY CATHOLIC SCHOOL and Social
Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners and HOLY FAMILY CATHOLIC SCHOOL.
HOLY FAMILY CATHOLIC SCHOOL shall permit Social Services,and any other duly authorized agent
or governmental agency,to monitor all activities conducted by HOLY FAMILY CATHOLIC SCHOOL
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
HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY CATHOLIC SCHOOL
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 HOLY FAMILY CATHOLIC SCHOOL due to omission,error,fraud,and/or
defalcation shall be recovered from HOLY FAMILY CATHOLIC SCHOOL by deduction from
subsequent payments under this Agreement or other agreements between Social Services and HOLY
FAMILY CATHOLIC SCHOOL,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 HOLY FAMILY CATHOLIC SCHOOL:
Debbie Funk Preschool Rr Child 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: HOLY FAMILY CATHOLIC SCLIOOL
hidy A Griegn,Director RARRi,.ik,t;ff Av__.,n. `Z8(o 74 1/a e4
P O Box A (.rand Junrtinn, rnatren-r S'16O(p
Greeley,CO R0637
14. Hi-lotion
HOLY FAMILY CATHOLIC SCHOOL shall promptly notify Social Services in the event that HOLY
FAMILY CATHOLIC SCHOOL learns of any actual litigation in which it is a party defendant in a case that
involves services provided under this Agreement.HOLY FAMILY CATHOLIC SCHOOL,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. HOLY FAMILY CATHOLIC SCHOOL 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.
•
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
,,��` L,, f �/ •. BOARD OF COUNTY
• -�,. ! E BOARD COMMISSIONERS WELD
1861 `„' p �' COUNTY,CO
® C erk Robert D.Masden,Chair
♦ �,♦ MAY 19 2004
AST • PRESCHOOL&CHIL C VIDER
BY nit
C ty Att y HOLY FAMILY CATHO CL�I SCHOOL,Director
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Dire or
dG6y/?/%6
EXHIBIT A
SCOPE OF SERVICES
I. Provide day care at the facility address listed above.
2. Provide Preschool activities.
3. Provide children with adequate food, shelter,and rest.
4. Maintain all information concerning children and their families in strictest confidence
5. Protect children from abuse/neglect and report any suspected child abuse and neglect to the
Department.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse HOLY FAMILY CATHOLIC SCHOOL in consideration for the work
and services performed under Child Welfare Regular Administration funding.
Expenses incurred by HOLY FAMILY CATHOLIC SCHOOL,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 pad thereof,become unavailable as
determined by Social Services, Social Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
Monthly Tuition $234
Social Services referrals will not be sent to collections by HOLY FAMILY CATHOLIC SCHOOL for
default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay.
HOLY FAMILY CATHOLIC SCHOOL 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
HOLY FAMILY CATHOLIC SCHOOL 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.
EXHIBIT C
ASSURANCES
1. HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY
CATHOLIC SCHOOL-contracted HOLY FAMILY CATHOLIC SCHOOLs or its employees,volunteers,
or agents while performing duties as described in this Agreement. HOLY FAMILY CATHOLIC SCHOOL
shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld
County, its employees,volunteers,and agents. HOLY FAMILY CATHOLIC SCHOOL 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,HOLY FAMILY CATHOLIC SCHOOL 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 phase 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. HOLY FAMILY CATHOLIC SCHOOL 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. HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY CATHOLIC SCHOOL.
9. All such records,documents, communications,and other materials shall be the property of Social Services
and shall be maintained by HOLY FAMILY CATHOLIC SCHOOL,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.
10. HOLY FAMILY CATHOLIC SCHOOL 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. HOLY FAMILY CATHOLIC SCHOOL or Social Services may not assign any of its rights or
obligations hereunder without the prior written consent of both parties.
12. HOLY FAMILY CATHOLIC SCHOOL certifies that federal appropriated funds have not been paid or will
be paid,by or on behalf of HOLY FAMILY CATHOLIC SCHOOL,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. HOLY FAMILY CATHOLIC SCHOOL assures that it will fully comply with all other applicable federal
and state laws. HOLY FAMILY CATHOLIC SCHOOL understands that the source of funds to be used
under this Contract is Child Welfare Regular Administration funds.
14. HOLY FAMILY CATHOLIC SCHOOL 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,HOLY FAMILY CATHOLIC SCHOOL
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,HOLY FAMILY CATHOLIC
SCHOOL 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 HOLY
FAMILY CATHOLIC SCHOOL.
16. HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY CATHOLIC SCHOOL shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian unless in accordance with HOLY FAMILY CATHOLIC
SCHOOL written policies governing access to,duplication and dissemination of, all such information.
HOLY FAMILY CATHOLIC SCHOOL shall advise its employees,agents,and subcontractor, if any,that
they are subject to
these confidentiality requirements. HOLY FAMILY CATHOLIC SCHOOL 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 HOLY FAMILY CATHOLIC SCHOOL in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by HOLY FAMILY CATHOLIC SCHOOL for
similar information in the course of its own business.
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