HomeMy WebLinkAbout20040549 RESOLUTION
RE: APPROVE FOUR AGREEMENTS TO PURCHASE RESPITE CARE WITH VARIOUS
VENDORS AND AUTHORIZE CHAIR TO SIGN
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 four Agreements to Purchase Respite 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 the following
vendors, commencing on the date specified, and ending June 30, 2004;
Barbara Layton, January 1, 2004
Jozetta Martinez, January 1, 2004
Christina Weber, December 1, 2003
Amelia Dietz, December 1, 2003
with further terms and conditions being as stated in said agreements, and
WHEREAS,after review,the Board deems it advisable to approve said agreements,copies
of which are 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 four Agreements to Purchase
Respite 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 various
vendors be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said agreements.
2004-0549
SS0031
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AGREEMENTS TO PURCHASE RESPITE CARE - VARIOUS VENDORS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of February, A.D., 2004, nunc pro tunc December 1, 2003.
BOARD OF COUNTY COMMISSIONERS
La LD COUNIYY, COLORADO
ATTEST: ��� ./ �' Js La`s
.p4.• Robert D. Masden, Chair
Weld County Clerk to th f%cc
t i4���� �g *-T
s'• - - ,�� William H. J ke, Pro-Tem
BY:
Deputy Clerk to the Bo- • N
M. . eile
APP-' • ' DASTOF •
David . Long
•• my Attor eye
Gle n Vaad
/2'
Date of signature:
2004-0549
SS0031
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND BARBARA LAYTON
an vn/tf ?-004
This Agreement,made and entered into the_d of N^)zember 2D-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 Barbara Layton
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,Barbara Layton is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tema I)QOD4 AP
This Agreement shall become effective on ,2003,upon proper execution of this Agreement and
shall expire June 30, 2004,unless sooner terminated as provided herein.
2. grope of Services
Services shall be provided by Barbara Layton 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. Barbara Layton 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. Barbara Layton 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 Management
At all times from the effective date of this Contract until completion of this Contract,Barbara Layton 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. Barbara Layton 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 Barbara Layton has failed to comply with the
Financial Management Requirements,program objectives,contractual terms, or reporting
requirements. In the event of a forfeiture of reimbursements,Barbara Layton may appeal such
circumstance to the Director of Social Services. The decision of the Director of Social Services
shall be final.
6. Assurances
Barbara Layton 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,Barbara Layton 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,Barbara Layton 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 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
Barbara Layton 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 Fvauation
Barbara Layton and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Barbara Layton and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and Barbara Layton.
Barbara Layton shall permit Social Services,and any other duly authorized agent or governmental agency,
to monitor all activities conducted by Barbara Layton 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
Barbara Layton 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 Barbara Layton 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 Barbara Layton 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 Barbara Layton due to omission,error,fraud,and/or defalcation shall be
recovered from Barbara Layton by deduction from subsequent payments under this Agreement or
other agreements between Social Services and Barbara Layton,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 BARBARA LAYTON:
Barbara Layton 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: Barbara Layton
Judy A Crriega Director 3405 16th Stmt 1M
P O fox A Prcieley, rn 80614
Greeley,CO 50612
14. litigation
Barbara Layton shall promptly notify Social Services in the event that Barbara Layton learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
Barbara Layton,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. Barbara Layton 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
fust above written.
�'�
ATTEST: - /,/fl;L ,j(,�,
WELD COUNTY Y' 1: ' OF COUNTY
CLERK TO THE BOARD s O ISSIONERS WELD
r�`°? I COLORADO
dir
r \?s,t1
Deputy Clerk (;. / 5i"L��� Robert D. Masden, Chair FIEF 2 3 204
OV" i AS ►. t RESPITE CARE PROVIDER
BY
C.(ty Atto •ey Bazbara Layton
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Dv br
atco 9-G sg y
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 Barbara Layton 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.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse Barbara Layton in consideration for the work and services performed
under Child Welfare Regular Administration funding.
Expenses incurred by Barbara Layton,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 16hours 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 Barbara Layton for default of co-pay/fees.
Services will be performed regardless of client's refusal or inability to pay co-pay.
Barbara Layton 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
Barbara Layton 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. Barbara Layton 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 Barbara Layton-contracted
Barbara Laytons or its employees,volunteers,or agents while performing duties as described in this
Agreement. Barbara Layton shall indemnify,defend, and hold harmless Weld County,the Board of County
Commissioners of Weld County, its employees,volunteers,and agents. Barbara Layton 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,Barbara Layton 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. Barbara Layton 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. Barbara Layton 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 Barbara
Layton.
9. All such records,documents, communications,and other materials shall be the property of Social Services
and shall be maintained by Barbara Layton, 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. Barbara Layton 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. Barbara Layton or Social Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. Barbara Layton certifies that federal appropriated funds have not been paid or will be paid,by or on behalf
of Barbara Layton,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. Barbara Layton assures that it will fully comply with all other applicable federal and state laws. Barbara
Layton understands that the source of funds to be used under this Contract is Child Welfare Regular
Administration funds.
14. Barbara Layton 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,Barbara Layton 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,Barbara Layton 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 Barbara Layton.
16. Barbara Layton 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 Barbara Layton shall be disclosed in a form identifiable with the applicant/recipient or a
minor's parent or guardian unless in accordance with Barbara Layton written policies governing access to,
duplication and dissemination of, all such information. Barbara Layton shall advise its employees,agents,
and subcontractor,if any,that they are subject to
these confidentiality requirements. Barbara Layton 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 Barbara Layton in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by Barbara Layton for similar information in the course of its own business.
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND JOZETTA MARTINEZ
This Agreement,made and entered into the day of January 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 JOZETTA MARTINEZ.
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, JOZETTA MARTINEZ 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 1,2004 upon proper execution of this Agreement and
shall expire June 30, 2004, unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by JOZETTA MARTINEZ 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. JOZETTA MARTINEZ 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. JOZETTA MARTINEZ 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 Management
At all times from the effective date of this Contract until completion of this Contract,JOZETTA
MARTINEZ 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. JOZETTA MARTINEZ 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 JOZETTA MARTINEZ has failed to comply with
the Financial Management Requirements,program objectives,contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements,JOZETTA MARTINEZ may appeal
such circumstance to the Director of Social Services. The decision of the Director of Social
Services shall be final.
6. Assurances
JOZETTA MARTINEZ 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,JOZETTA MARTINEZ 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,JOZETTA MARTINEZ 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 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
JOZETTA MARTINEZ 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 Fvaluation
JOZETTA MARTINEZ and Social Services agree that monitoring and evaluation of the performance of
this Agreement shall be conducted by JOZETTA MARTINEZ and Social Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners and JOZETTA
MARTINEZ.
JOZETTA MARTINEZ shall permit Social Services, and any other duly authorized agent or governmental
agency,to monitor all activities conducted by JOZETTA MARTINEZ 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
JOZETTA MARTINEZ 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 JOZETTA MARTINEZ 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 JOZETTA MARTINEZ 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 JOZETTA MARTINEZ due to omission,error,fraud,and/or defalcation shall
be recovered from JOZETTA MARTINEZ by deduction from subsequent payments under this
Agreement or other agreements between Social Services and JOZETTA MARTINEZ,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 JOZETTA MARTINEZ:
TO7FTTA MARTNNF.Z 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: JOZETTA MARTINEZ
Judy A Griego,Director 134 E 24th Street#36
P O Rox A RrePIey, CO 8n631
Greeley,CO 50612
14. litigation
JOZETTA MARTINEZ shall promptly notify Social Services in the event that JOZETTA MARTINEZ
learns of any actual litigation in which it is a party defendant in a case that involves services provided under
this Agreement.JOZETTA MARTINEZ,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. JOZETTA MARTINEZ 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.
ATTEST:
WELD COUNTY x,y �`' S e OARD OF COUNTY
CLERK TO THE BOARD , t .t OMMISSIONERS WELD
t9,- ` OUNTY COLORADO
By: ��, BY:
Deputy Clerk ≥ �, � �.� Robert D. Masden, Chair FEB 2 3 2004
OV AS TO F RESPITE CARE PROVIDER � �
BY WM TA� E3
O m mm JOZE MAA ZRT Z
WELD COUNTY DEPARTMENT
OF SOCIAL S RVICES
By:
D. for
&AO d5y2
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 JOZETTA MARTINEZ 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.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse JOZETTA MARTINEZ in consideration for the work and services
performed under Child Welfare Regular Administration funding.
Expenses incurred by JOZETTA MARTINEZ, 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 16hours 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 JOZETTA MARTINEZ for default of co-
pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay.
JOZETTA MARTINEZ 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
JOZETTA MARTINEZ 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. JOZETTA MARTINEZ 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 JOZETTA MARTINEZ-
contracted JOZETTA MARTINEZs or its employees,volunteers,or agents while performing duties as
described in this Agreement. JOZETTA MARTINEZ shall indemnify, defend,and hold harmless Weld
County,the Board of County Commissioners of Weld County, its employees, volunteers,and agents.
JOZETTA MARTINEZ 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,JOZETTA
MARTINEZ 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. JOZETTA MARTINEZ 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. JOZETTA MARTINEZ 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
JOZETTA MARTINEZ.
9. All such records,documents,communications,and other materials shall be the property of Social Services
and shall be maintained by JOZETTA MARTINEZ,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 findings have
not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit
finding.
10. JOZETTA MARTINEZ 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. JOZETTA MARTINEZ or Social Services may not assign any of its rights or obligations
hereunder without the prior written consent of both parties.
12. JOZETTA MARTINEZ certifies that federal appropriated funds have not been paid or will be paid,by or
on behalf of JOZETTA MARTINEZ,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. JOZETTA MARTINEZ assures that it will fully comply with all other applicable federal and state laws.
JOZETTA MARTINEZ understands that the source of funds to be used under this Contract is Child
Welfare Regular Administration funds.
14. JOZETTA MARTINEZ 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,JOZETTA MARTINEZ 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,JOZETTA MARTINEZ 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 JOZETTA MARTINEZ.
16. JOZETTA MARTINEZ 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 JOZETTA MARTINEZ shall be disclosed in a form identifiable with the applicant/recipient
or a minor's parent or guardian unless in accordance with JOZETTA MARTINEZ written policies
governing access to,duplication and dissemination of,all such information. JOZETTA MARTINEZ shall
advise its employees, agents,and subcontractor,if any,that they are subject to
these confidentiality requirements. JOZETTA MARTINEZ 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 JOZETTA MARTINEZ in the course of providing services under this Contract will be accorded at least
the same precautions as are employed by JOZETTA MARTINEZ for similar information in the course of its
own business.
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND CHRISTINA WEBER
2:0
This Agreement,made and entered into the day ocler$03,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 Christina Weber,
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,Christina Weber is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tema Loco .44
This Agreement shall become effective on Nerember1,20033-,upon proper execution of this Agreement and
shall expire June 30,2004,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Christina Weber 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. Christina Weber 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. Christina Weber 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 Management
At all times from the effective date of this Contract until completion of this Contract,Christina Weber 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. Christina Weber 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 Christina Weber has failed to comply with the
Financial Management Requirements,program objectives,contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements,Christina Weber may appeal such
circumstance to the Director of Social Services. The decision of the Director of Social Services
shall be final.
6. Assurances
Christina Weber 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 T aws
At all times during the performance of this contract,Christina Weber 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 a 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 a 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, Christina Weber 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 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
Christina Weber 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 Fvaluation
Christina Weber and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Christina Weber and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and Christina Weber.
Christina Weber shall permit Social Services, and any other duly authorized agent or governmental agency,
to monitor all activities conducted by Christina Weber 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
Christina Weber 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 Christina Weber 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 Christina Weber 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 Christina Weber due to omission,error,fraud,and/or defalcation shall be
recovered from Christina Weber by deduction from subsequent payments under this Agreement or
other agreements between Social Services and Christina Weber,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 CHRISTINA WEBER:
Christina Weher 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: Christina Weber
Judy A Griegn Director 77n 47th Avenitr road s7
P O Box A t;rePiey,Cn an6.z4
Greeley,CO 80632
14. Litigation
Christina Weber shall promptly notify Social Services in the event that Christina Weber learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
Christina Weber,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. Christina Weber 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.
ATTEST:
WELD COUNTY ,w'",��e ARD OF COUNTY
CLERK TO THE BOARD �. �l ISSIONERS WELD
rf A— C TY, OLORADO
�J 19 c1f
t)----
Deputy Clerk '"rte; ` , Robert D. Masden, Chair FEB 2 3 2004
APP' s ;ri AS TOj iv: RESPITE CARE PROVIDER Limey!
'
BY L®o�J !
oun A •rney Christina Weber
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
a for
ca2004/—.0-5-4/2
EXHIBIT A
SCOPE OF SERVICES
I. 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 Christina Weber 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.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse Christina Weber in consideration for the work and services performed
under Child Welfare Regular Administration funding.
Expenses incurred by Christina Weber, 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 16hours 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 nut be sent to collections by Christina Weber for default of co-pay/fees.
Services will be performed regardless of client's refusal or inability to pay co-pay.
Christina Weber 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
Christina Weber 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. Christina Weber 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 Christina Weber-contracted
Christina Webers or its employees,volunteers,or agents while performing duties as described in this
Agreement. Christina Weber shall indemnify,defend,and hold harmless Weld County,the Board of
County Commissioners of Weld County, its employees,volunteers,and agents. Christina Weber 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, Christina Weber 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. Christina Weber 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. Christina Weber 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
Christina Weber.
9. All such records,documents,communications,and other materials shall be the property of Social Services
and shall be maintained by Christina Weber,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. Christina Weber 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. Christina Weber or Social Services may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. Christina Weber certifies that federal appropriated funds have not been paid or will be paid,by or on behalf
of Christina Weber,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. Christina Weber assures that it will fully comply with all other applicable federal and state laws. Christina
Weber understands that the source of funds to be used under this Contract is Child Welfare Regular
Administration funds.
14. Christina Weber 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,Christina Weber 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,Christina Weber 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 Christina Weber.
16. Christina Weber 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 Christina Weber shall be disclosed in a form identifiable with the applicant/recipient or a
minor's parent or guardian unless in accordance with Christina Weber written policies governing access to,
duplication and dissemination of, all such information. Christina Weber shall advise its employees,agents,
and subcontractor,if any,that they are subject to
these confidentiality requirements. Christina Weber 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(I)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 Christina Weber in the course of providing services under this Contract will be accorded at least the
same precautions as are employed by Christina Weber for similar information in the course of its own
business.
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND AMIELLA DIETZ
�tO`(
This Agreement,made and entered into the day ofi�Fii� ��,by and between the Board of Weld
County Commissioners, sifting as the Board of Social Services, on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and Amiella Dietz.
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,Amiella Dietz is a for-profit Sole-Proprietor.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tent ppyypp��"y"y
This Agreement shall become effective on E4�1,2003,upon proper execution of this Agreement and
shall expire June 30,2004,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by Amiella Dietz 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. Amiella Dietz 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. Amiella Dietz 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 Management
At all times from the effective date of this Contract until completion of this Contract,Amiella Dietz 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. Amiella Dietz 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 Amiella Dietz has failed to comply with the Financial
Management Requirements,program objectives,contractual terms, or reporting requirements. In
the event of a forfeiture of reimbursements,Amiella Dietz may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be fmal.
6. Assurances
Amiella Dietz 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,Amiella Dietz 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 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 eL 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,Amiella Dietz 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 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
Amiella Dietz 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
Amiella Dietz and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Amiella Dietz and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and Amiella Dietz.
Amiella Dietz shall permit Social Services,and any other duly authorized agent or governmental agency,to
monitor all activities conducted by Amiella Dietz 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
Amiella Dietz 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 Amiella Dietz 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 Amiella Dietz 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 Amiella Dietz due to omission,error,fraud,and/or defalcation shall be
recovered from Amiella Dietz by deduction from subsequent payments under this Agreement or other
agreements between Social Services and Amiella Dietz,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 AMIELLA DIETZ:
Amiella Dieu 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: Amiella Dietz
Judy A Griegfm,Director 71757 HWv 14
P D Box A Ault,CO RnA1n
Greeley,CD X0612
14. J itigation
Amiella Dietz shall promptly notify Social Services in the event that Amiella Dietz learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
Amiella Dietz,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. Amiella Dietz 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.
ATTEST: � ✓�. Zia
WELD COUNTY / I OF COUNTY
CLERK TO THE BOARD 1861 f O �I ISSIONERS WELD
` TY,(COLORADO
By: _�� 4; s Deputy Clerk �S Robert D. Masden, Chair 1-113 2 3 7004
RO D AS TO F RESPITE CARE PROVIDER
BY 1tL -q O1*
Coun Atto ey nniella Dietz
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
D' ctor
o?ciw csVV2
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 Amiella Dietz 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.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse Amiella Dietz in consideration for the work and services performed
under Child Welfare Regular Administration funding.
Expenses incurred by Amiella Dietz, 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 16hours 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 nut be sent to collections by Amiella Dietz for default of co-pay/fees. Services
will be performed regardless of client's refusal or inability to pay co-pay.
Amiella Dietz 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
Amiella Dietz 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. Amiella Dietz 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 Amiella Dietz-contracted
Amiella Dietzs or its employees,volunteers,or agents while performing duties as described in this
Agreement. Amiella Dietz shall indemnify,defend, and hold harmless Weld County,the Board of County
Commissioners of Weld County, its employees,volunteers,and agents. Amiella Dietz 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,Amiella Dietz 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. Amiella Dietz 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. Amiella Dietz 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 Amiella
Dietz.
9. All such records, documents,communications,and other materials shall be the property of Social Services
and shall be maintained by Amiella Dietz,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. Amiella Dietz 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. Amiella Dietz or Social Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. Amiella Dietz certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of
Amiella Dietz,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. Amiella Dietz assures that it will fully comply with all other applicable federal and state laws. Amiella
Dietz understands that the source of funds to be used under this Contract is Child Welfare Regular
Administration funds.
14. Amiella Dietz 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,Amiella Dietz 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,Amiella Dietz 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 Amiella Dietz.
16. Amiella Dietz 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 Amiella Dietz shall be disclosed in a form identifiable with the applicant/recipient or a
minor's parent or guardian unless in accordance with Amiella Dietz written policies governing access to,
duplication and dissemination of,all such information. Amiella Dietz shall advise its employees, agents,
and subcontractor, if any,that they are subject to
these confidentiality requirements. Amiella Dietz 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 Amiella Dietz in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by Amiella Dietz for similar information in the course of its own business.
41146 j DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
-- - - Webslte: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: February 11, 2004
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services • l k 'vu,t
1 j
RE: Agreement to Purchase Respite Care Between Weld County Department
of Social Services with Various Vendors
Enclosed for Board approval are Agreements to Purchase Respite Care between the Weld County
Department of Social Services and various vendors. Respite Care Agreements were reviewed at
the Board's Work Session of February 11, 2004.
The major provisions of the Agreement are as follows:
1. The term is varies as described below through June 30, 2004.
2. The respite care would be for foster care children under the care of County Certified
Foster Care providers.
3. The Department agrees to reimburse vendors at a rate of$16.75 per each four-hour
period,not to exceed $67.00 per month for 16 hours of respite care for each foster care
child, as follows:
Name of Providers Effective Dates
A. Barbara Layton January 1, 2004
B. Jozetta Martinez January 1,2004
C. Christina Weber December 1,2003
D. Amelia Dietz December 1,2003
If you have any questions, please telephone me at extension 6510.
2004-0549
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