HomeMy WebLinkAbout20041356 RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - KINDER HAUS
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 an Amendment to the Child Protection
Agreement for Services 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
Kinder Haus, commencing January 20, 2004, and ending May 31, 2004, with further terms and
conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Board of Social Services, that the Child Protection Agreement for
Services 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 Kinder Haus
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of May, A.D., 2004, nunc pro tunc January 20, 2004.
BOARD OF COUNTY COMMISSIONERS
�� WELD COUNTY, COLORADO
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Date of signature: P2/
2004-1356
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DEPARTMENT OF SOCIAL SERVICES
P.O. BOXA
GREELEY,CO. 80632
Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
III O
•
COLORADO
MEMORANDUM
TO: Robert D. Masden, Chair Date: May 4, 2004
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services t(1 G
RE: Child Protection Agreement for Services Between the Weld Cou
nty
unty
Department of Social Services and Kinder Haus
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services and Kinder Haus. This Agreement was reviewed at the
Board's Work Session of March 29, 2004.
The major provisions of the Agreements are as follows:
1. The term period is from January 20, 2004 through May 31, 2004.
2. The Department agrees to reimburse Kinder Haus for child care of child(ren) in tIT1
Department's custody and located in Grand Junction, Colorado, at the following.irities: ' . 'r ,
1 --
A. Registration: $30
B. Weekly Tuition: $130 "
If you have any questions,please contact me at extension 6510.
til
2004-1356
•
•
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND KINDER HAUS
This Agreement,made and entered into the day of March 2004,by and between the Board of Weld
County Commissioners, sitting as the Board of Social Services, on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and KINDER HAUS.
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 child care for county foster care providers; and
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Tema
This Agreement shall become effective on January 20,2004 upon proper execution of this Agreement and
shall expire May 31, 2004, unless sooner terminated as provided herein.
2. Scope of Services - "
Services shall be provided by KINDER HAUS to any person(s)eligible for child protection servics 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. KINDER HAUS 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. KINDER HAUS 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,KINDER HAUS 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. KINDER HAUS 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 KINDER HAUS has failed to comply with the
Financial Management Requirements,program objectives,contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements,KINDER HAUS may appeal such
circumstance to the Director of Social Services. The decision of the Director of Social Services
shall be final.
6. Assurances
KINDER HAUS 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 Laws
At all times during the performance of this contract,KINDER HAUS 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 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,KINDER HAUS 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
KINDER HAUS 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
KINDER HAUS and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by KINDER HAUS and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and KINDER HAUS.
KINDER HAUS shall permit Social Services, and any other duly authorized agent or governmental agency,
to monitor all activities conducted by KINDER HAUS 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
KINDER HAUS 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 KINDER HAUS 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 KINDER HAUS 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 KINDER HAUS due to omission,error,fraud,and/or defalcation shall be
recovered from KINDER HAUS by deduction from subsequent payments under this Agreement or
other agreements between Social Services and KINDER HAUS,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 KINDER HAUS:
Terra Conk Child Care Provider
Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Social Services To: KINDER HAUS
Judy A Grier.,Director 2Rfin FIm Avenue
P G Box A Crand Ji inrtinn, rn gt cm
Greeley,CO 50639
14. I,itigption
KINDER HAUS shall promptly notify Social Services in the event that KINDER HAUS learns of any
actual litigation in which it is a party defendant in a case that involves services provided under this
Agreement. KINDER HAUS,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 art 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. KINDER HAUS reserves the right to suspend services to clients if
funding is no longer available.
16. Fntire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof,and may not be changed or modified except as stated in
Paragraph 10 herein.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
ATTEST:
WELD COUNTY :OARD OF COUNTY
O p�, OMMISSIONERS WELD
• 'l
CLERK TO THE BO• ' � igb� .'O!.
OUNTY COLORADO
By: u ? rz-c By:
Deputy Clerk � ��' � SM&tr' ybert D. 10 2004
AP" : AEI s ! '.•: CHILD CARE ROVIDER
�/ �7 B Oat nL c�e
County AtWrney `7uNIIEK HA S,Director
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Dtr c or
EXHIBIT A
SCOPE OF SERVICES
1. Provide day care at the facility address listed above.
2. Provide children with adequate food,shelter, and rest.
3. Maintain all information concerning children and their families in strictest confidence
4. Protect children from abuse/neglect and report any suspected child abuse and neglect to the
Department.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse KINDER HAUS in consideration for the work and services performed
under Child Welfare Regular Administration funding.
Expenses incurred by KINDER HAUS,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. PEPS for Services
Registration $30
Weekly Tuition $130
Wipe Fees $2.50
Social Services referrals will not be sent to collections by KINDER HAUS for default of co-pay/fees.
Services will be performed regardless of client's refusal or inability to pay co-pay.
KINDER HAUS 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
KINDER HAUS 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. KINDER HAUS 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 KINDER HAUS-contracted
KINDER HAUSs or its employees,volunteers,or agents while performing duties as described in this
Agreement. KINDER HAUS shall indemnify, defend, and hold harmless Weld County,the Board of
County Commissioners of Weld County,its employees,volunteers, and agents. KINDER HAUS 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,KINDER HAUS 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. KINDER HAUS 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. KINDER HAUS 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
KINDER HAUS.
9. All such records,documents,communications, and other materials shall be the property of Social Services
and shall be maintained by KINDER HAUS,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. KINDER HAUS 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. KINDER HAUS or Social Services may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. KINDER HAUS certifies that federal appropriated funds have not been paid or will be paid,by or on behalf
of KINDER HAUS,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. KINDER HAUS assures that it will fully comply with all other applicable federal and state laws. KINDER
HAUS understands that the source of funds to be used under this Contract is Child Welfare Regular
Administration funds.
14. KINDER HAUS 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,KINDER HAUS 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,KINDER HAUS 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 KINDER HAUS.
16. KINDER HAUS 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 KINDER HAUS shall be disclosed in a form identifiable with the applicant/recipient or a
minor's parent or guardian unless in accordance with KINDER HAUS written policies governing access to,
duplication and dissemination of, all such information. KINDER HAUS shall advise its employees, agents,
and subcontractor, if any,that they are subject to
these confidentiality requirements. KINDER HAUS 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 KINDER HAUS in the course of providing services under this Contract will be accorded at least the
same precautions as are employed by KINDER HAUS for similar information in the course of its own
business.
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